Decision record
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 for work not done (approx. across many client matters) and authorised withdrawal of approximately £216,000 in client monies without sending corresponding invoices. He admitted dishonesty (Principle 4), lack of integrity, and recklessness, and instructed credit control to suppress chasing of bills to avoid detection. No clients suffered financial loss as the Firm rectified matters. The matter was resolved on an agreed outcome on the papers. The Tribunal found dishonesty and, absent exceptional circumstances, ordered the Respondent to be struck off the Roll and to pay costs of £10,000.
Duties found breached:
- Honesty
- Integrity
- Uphold public trust in the profession
- Act in the client's best interests
- No improper use of client money
- No improper solicitation or touting
Aggravating factors:
- Conduct continued over a lengthy period (March 2020 to November 2022) and was repeated
- Respondent had direct control/responsibility for the circumstances
- Consequences were foreseeable
- Took proactive steps to conceal misconduct by instructing credit control to suppress chasing of bills
- Significant risk of financial detriment to clients had it not been identified
Mitigating factors:
- No previous regulatory history
- Early and full admissions to the Firm and SRA
- Full cooperation and remorse
- Conduct not motivated by personal financial gain, attempting to meet fee targets
- Working under severe stress affecting mental health
Codes & rules applied
Duties engaged
- Overriding duty to the court
- Not mislead the court
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Act in the client's best interests
- Advise objectively, not a mere conduit
- No improper use of client money
- No improper solicitation or touting
- Serve justice and improve the law