Decision record
Nigel John Weller
Allegation / charges
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a sole director criminal law solicitor, accepted £6,000 cash from a third party (Client A's brother-in-law) while representing two legally aided clients subject to a Crown Court Restraint Order. The SRA alleged breaches of the Criminal Legal Aid Regulations, failure to pay funds into client account, and failure to conduct due diligence, including dishonesty and lack of integrity. The Tribunal found allegations 1.1 and 1.2 (breach of the 2013 Regulations regarding requesting and accepting payments) NOT PROVED due to ambiguous regulations and unreliable/hearsay evidence. Allegations 1.3 (failure to promptly pay into client account, breach of Rule 2.3(c)) and 1.4 (failure to carry out due diligence/source of funds checks, breach of Principle 2) were PROVED. However, the Tribunal expressly found no dishonesty and no misuse or concealment of funds; the breaches were technical and of low culpability. The Respondent was reprimanded and ordered to pay reduced costs of £8,000 (from £31,890 claimed), reflecting that only the less serious matters were proven and disclosure issues had arisen.
Duties found breached:
Mitigating factors:
- No previous disciplinary matters; unblemished record over 48 years as a solicitor
- No actual harm caused; funds remained intact and available for return
- Respondent acted in good faith and did not benefit personally
- Low culpability arising in a unique set of circumstances
- Diligent and conscientious practitioner specialising in animal welfare cases
Codes & rules applied
Duties engaged
- Not mislead the court
- No abuse of process or coercive powers
- Proper basis for allegations
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- No taking unfair advantage
- Not mislead third parties or opponents
- Fair dealing with unrepresented parties
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Client-care and engagement terms
- Keep client informed and respond promptly
- Fair, reasonable and lawful fees
- No improper benefit, loan or bequest
- Prompt accounting and return of money