Barrister: Fee note amended
A former director of Axiom Ince has been struck off for amending a fee note received from counsel to give a misleading impression to his client and firm that the fees had been discounted.
Toby Richard Matthews accepted he should face the ultimate sanction in a statement of agreed facts and outcome with the Solicitors Regulation Authority, which was approved by the Solicitors Disciplinary Tribunal (SDT).
Mr Matthews, 42, qualified in 2013. He acted for ‘Client A’ over the removal of an executor. Whilst successful in removing him, she was ultimately unsuccessful in a civil claim against the executor, resulting in a substantial costs order against her in June 2021.
After Client A questioned the payment of counsel’s fees, the firm discovered that Mr Matthews had amended a fee note from counsel’s clerk to show an agreement to reduce the fee by £1,200, so that there was nothing owing, and had removed a reference to a payment of £2,950 to counsel.
Mr Matthews admitted this in an internal meeting and that he had paid the £2,950 from Client B’s office account, saying that he was “in a panic and had made a spur of the moment decision”. The firm reimbursed Client B.
The material before the SDT did not explain why he felt the need to do this.
In mitigation, Mr Matthews said he had never sought to deny his misconduct, which was an isolated incident. He was remorseful and had been suffering from a “long-term mental health condition”, for which he sought and continued to receive therapy.
But he accepted that he should be struck off.
The SDT agreed. The harm caused to the reputation of the profession was “significant” and Mr Matthew’s culpability “high”.
“The tribunal was satisfied that the only appropriate and proportionate sanction was to strike Mr Matthews off the roll.”
He was also ordered to pay costs of £5,000.
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