Matthew Edward Flynn

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Respondent, a paralegal (later admitted solicitor) at Tinkler Solicitors, drew a client account cheque for £2,021.80 payable to himself, concealed it by falsely completing the cheque stub and slip to show client PSG as payee, and paid it into his own bank account. He later admitted a Police caution for fraud by abuse of position. He also deliberately misled the client PSG in an email of 21 April 2016 claiming monies were still on account. The Tribunal found Allegations 1.1 and 1.2 proved including express findings of dishonesty applying the Ivey test, and found breaches of Principles 2,4,6,10 and Rule 20.1. Allegation 1.3 (misleading salary figure on a BNP Paribas mortgage form) was not proved as it could not be established the Respondent completed the box. No exceptional circumstances were found, and the Respondent was struck off the Roll and ordered to pay costs of £9,000 (reduced from £14,345.13).

Duties found breached:

• Honesty
• Integrity
• Uphold public trust in the profession
• Act in the client's best interests
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Deliberate and calculated misconduct
• Course of conduct over several months involving concealment
• Motivated by 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 transparency with the SRA
• Lack of insight - continued to blame the firm's principal rather than take full responsibility

Mitigating factors:

• Early admission of the factual basis of the allegations
• Client funds fully repaid with no lasting loss to client
• Sum involved relatively small
• No previous disciplinary findings