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, admitted that between March 2020 and November 2022 he created inaccurate and misleading time records in excess of time actually spent, and authorised withdrawal of client monies (approximately £216,000) without sending corresponding invoices. He also instructed credit control to suppress chasing of bills to avoid detection. He admitted all allegations, including dishonesty under Principle 4. The Tribunal, dealing with the matter on the papers via an Agreed Outcome, found the admissions properly made and held that striking off was the only appropriate sanction given the deliberate and repeated dishonesty, with no exceptional circumstances. He was struck off the Roll and ordered to pay £10,000 costs.
Duties found breached:
- Act in the client's best interests
- Good faith and courtesy to colleagues
- Honesty
- Integrity
- No improper use of client money
- Uphold public trust in the profession
Aggravating factors:
- Conduct was deliberate, repeated and continued over a significant period (March 2020 to November 2022)
- Respondent was a senior solicitor with approximately seven years' post-qualification experience
- Respondent had direct control of/responsibility for the circumstances
- Took proactive steps to conceal misconduct by instructing credit control to suppress chasing of bills
- Consequences were foreseeable - overcharging and undermining client consent
- Significant risk of financial detriment to clients had the Firm not rectified matters
Mitigating factors:
- No previous regulatory history / no prior adverse findings
- Full cooperation with the Firm and SRA
- Early admissions, made approximately six weeks before deadline for Answer
- Deep remorse and full responsibility taken
- Conduct not motivated by personal financial gain but to meet fee targets
- Working under severe stress with excessive workload affecting mental health
- No client suffered actual financial loss as the Firm corrected matters
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