Nicholas Devlin
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Solicitors Accounts Rules 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Nicholas Devlin, an associate solicitor at Cartmell Shepherd in the Wills, Probate and Inheritance team, was found (on admissions via an Agreed Outcome) to have, between March 2020 and November 2022, created inaccurate and misleading time records in excess of time actually spent on client matters, and to have authorised withdrawal of client monies (approx. £216,000) without sending corresponding invoices. The Tribunal found dishonesty (Principle 4) expressly admitted. He had also suppressed credit-control chasing of aged debts to avoid discovery. Given the deliberate and repeated nature of the misconduct and absence of exceptional circumstances, the Tribunal ordered he be struck off the Roll and pay costs of £10,000.
Duties found breached:
- Act in the client's best interests
- Good faith and courtesy to colleagues
- Honesty
- Integrity
- Not misrepresent regulated status
- Uphold public trust in the profession
Aggravating factors:
- Conduct was deliberate and repeated over a significant period (March 2020 - November 2022)
- Spanned multiple client matters
- Actively sought to suppress discovery by instructing credit control to suppress chasing of 31 of 37 matters
- Only admitted when colleagues became concerned
Mitigating factors:
- Admitted all allegations and breaches including dishonesty
- Expressed deep regret
- No personal financial gain
- Cited excessive workload and stress as factors
Codes & rules applied
Duties engaged
- Account for interest on client money
- Accounting records, reconciliation and reports
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- No improper use of client money
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal handling of client money
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Prompt accounting and return of money
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Segregate client money
- Self-report to the regulator
- Truthful, non-misleading advertising