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:
- Honesty
- Integrity
- Uphold public trust in the profession
- Act in the client's best interests
- No improper use of client money
- Good faith and courtesy to colleagues
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
- 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
- Good faith and courtesy to colleagues
- Serve justice and improve the law