Matthew Nester

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

Matthew Nester, a newly qualified solicitor at Hugh James Solicitors, created inaccurate time records between 4 and 7 January 2022, recording time for quarterly file reviews and other work that he had not carried out, or in excess of time actually spent, across a number of client files. He admitted breaches of Principles 2 and 5 but denied dishonesty. The Tribunal found he did not genuinely believe recording time for work not done was permissible, and that ordinary decent people would consider his conduct dishonest. The allegation was proved in its entirety, including breaches of Principle 4 (dishonesty) and Paragraph 1.4 of the Code. Despite mitigation, the Tribunal found no exceptional circumstances and struck him off the Roll. Costs were agreed at £8,000 but No Order for costs was made due to his lack of means.

Duties found breached:

• Honesty
• Integrity
• Not mislead third parties or opponents
• Uphold public trust in the profession

Aggravating factors:

• Proven dishonesty in material breach of obligation to protect the public and maintain public confidence
• Conduct was deliberate, calculated and planned
• Repeated across a number of files
• Abused the trust placed in him by the Firm to record time accurately

Mitigating factors:

• Intended at some future point to undertake the work recorded
• Cooperated fully with the Firm's internal investigation
• Made admissions to breaching Principles 2 and 5 from the outset
• Self-reported his misconduct to the SRA
• Misconduct occurred over a very short period in a previously unblemished career
• Displayed some insight and offered apology
• No direct harm to clients or Firm; entries were non-chargeable