A former director of defunct firm Axiom Ince has been struck off the roll for amending a counsel’s fee invoice and making up the shortfall from the wrong account.
Toby Richard Matthews, admitted in 2013, admitted he had altered a receipt and VAT invoice to give the misleading impression that they had been discounted. Matthews, 42, then paid the altered fee from a different client ledger.
The Solicitors Disciplinary Tribunal heard that the issue arose in 2022, when a client raised payment matters after failed civil litigation. The tribunal heard that, in order to pretend that a client owed no money for counsel, Matthews had amended a receipt by removing a reference to a payment of £2,950. The firm provided the client a copy of the altered receipt – not knowing it had been amended – as proof that all fees had been paid.
When subsequently asked to explain the discrepancy, Matthews admitted altering a fee note and was immediately suspended.
At a later meeting, Matthews said he had set up the payment from a different client ledger, explaining he was ‘in a panic and made a spur of the moment decision’. He added that he intended to pay counsel’s fee personally.
Matthews told the tribunal he had made early admissions, co-operated fully with the SRA investigation and had never had any disciplinary issues since qualifying. There was no personal gain from this isolated incident.
He admitted dishonesty and agreed with the Solicitors Regulation Authority to be struck off and pay £5,000 costs. This outcome was rubber-stamped by the tribunal.
Axiom Ince went into administration in 2023 and it subsequently emerged that £64 million was missing in client money. The tribunal ruling made no link between Matthews’ misconduct and the matters leading to the firm’s closure.
