Matthew Roy Church
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Matthew Roy Church, a newly qualified solicitor in the Wills and Probate department at Harvey Copping & Harrison LLP, dealt with Lasting Powers of Attorney for elderly/vulnerable clients (Persons A1, B1, C1). When the OPG rejected LPAs due to execution errors, he re-dated the documents to false later dates and resubmitted them without the donors actually re-signing, knowing the dates were misleading (allegation 1.1). He also told Persons A2 and C2 that applications had been submitted to the OPG weeks earlier when he knew this was misleading (allegations 1.2, 1.3). He admitted dishonesty on allegations 1.1, 1.2 and 1.3. He denied dishonesty but admitted recklessness on allegation 1.4 (telling the Firm he had met Person A1 in December 2021). The matter was resolved on the papers by agreed outcome. The Tribunal found dishonesty established and, finding no exceptional circumstances, struck him off the Roll and ordered £1,000 costs.
Duties found breached:
Aggravating factors:
- Conduct was dishonest
- Misconduct was deliberate, occurred over a period of time and was repeated
- Conduct undertaken to conceal his own errors
- Breach of a position of trust
- Harm to vulnerable clients who placed trust in him
- Court of Protection/OPG misled or risk of misleading
- Direct control of/responsibility for the circumstances
- Ought to have known conduct was in material breach of obligations
Mitigating factors:
- Open and frank admissions at an early stage and full cooperation with the SRA
- No material personal benefit gained
- Newly qualified with 1-2 years PQE
- Otherwise clean record
- Chaotic working environment during COVID with poor systems
- Felt poorly trained and had almost non-existent supervision after qualification
Codes & rules applied
Duties engaged
- 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
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- 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
- 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
- Self-report to the regulator
- Truthful, non-misleading advertising