Matthew Nester
Allegation / charges
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 Nester, a newly qualified solicitor at Hugh James, created inaccurate and inflated time records between 4 and 7 January 2022, recording time for quarterly file reviews and other work he had not done or had done in less time. He admitted breaching Principles 2 and 5 but denied dishonesty. The Tribunal rejected his claim that he genuinely believed it permissible to record time for work not yet done, finding his conduct dishonest (Principle 4) and misleading (Paragraph 1.4). The Tribunal found no exceptional circumstances and struck him off the Roll. Costs were agreed at £8,000 but, given his unemployment and debt, No Order as to costs was made under Barnes.
Duties found breached:
Aggravating factors:
- Proven dishonesty
- Deliberate, calculated and planned conduct
- Repeated across a number of files
- Abuse of the trust placed in him by the Firm to accurately record time
Mitigating factors:
- Intended at some future point to undertake the work recorded
- Full cooperation with the Firm's internal investigation
- Self-reported to the SRA
- Admissions to breaching Principles 2 and 5 from the outset
- Misconduct occurred over a short period in a previously unblemished career
- Some insight and apology offered
- No direct harm to clients or Firm; entries were non-chargeable
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