Matthew Edward Flynn
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Matthew Edward Flynn, while working as a paralegal at Tinkler Solicitors before admission, drew a client account cheque for £2,021.80 payable to himself, concealed it by completing the cheque stub showing the client PSG as payee, and paid it into his personal bank account (Allegation 1.1). He later deliberately misled the client PSG in an email of 21 April 2016 stating monies were still held on account (Allegation 1.2). He accepted a Police caution for fraud by abuse of position. The Tribunal found both allegations proved including dishonesty under the Ivey test, rejecting his claim that his principal Mr Tinkler had authorised the payments. Allegation 1.3 (misleading salary entry on a mortgage form) was not proved as the Tribunal could not be satisfied he completed the relevant box. The Tribunal found his culpability high and ordered him struck off the Roll, finding no exceptional circumstances, and ordered costs of £9,000 (reduced from £14,345.13).
Duties found breached:
- Act in the client's best interests
- Integrity
- No conflict between current clients
- No improper use of client money
- Uphold public trust in the profession
Aggravating factors:
- Misconduct was deliberate, planned and calculated
- Concealment of wrongdoing
- Course of conduct involving several steps over a number of months
- Motivation was personal gain
- Serious breach of trust
- Two acts of dishonesty, one leading to a Police caution for fraud by abuse of position
- Lack of full insight - continued to blame his principal Mr Tinkler
Mitigating factors:
- Early admission of the factual basis of the allegations
- Monies repaid in full with no lasting loss to the client
- Sum involved was relatively small
- No previous disciplinary findings