The duty in context
Protect capacity and vulnerable clients client
The lawyer must satisfy themselves of the client's capacity to instruct, owe vulnerable clients a special duty of care, and refuse instructions given under duress or undue influence.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 3.4; CCS 3.1 partial 21 cases
3.4 You consider and take account of your client's attributes, needs and circumstances. 3.1 ... If you have reason to suspect that the instructions do not represent your client's wishes, you do not act unless you have satisfied yourself that they do.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook oC14; gC41; gC71 partial 1 case
oC14 Care is given to ensure that the interests of vulnerable clients are taken into account and their needs are met. gC41 ... You should also try to avoid any unnecessary distress for your client. This is particularly important where you are dealing with a vulnerable client. gC71 Competency and experience under Rule rC21.8 includes your ability to work with vulnerable clients.
BSB Handbook Part 2: Code of Conduct · 5.0 · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.4.1(c)(iv); R.4.1(c)(v) strong
if the attorney-at-law knows or has reasonable grounds to believe that the instructions are given by a client who is under duress or undue influence; if the attorney-at-law knows or has reasonable grounds to believe that the instructions are given by a client who is vulnerable
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 8.1; 34.2 partial 21 cases
8.1 A solicitor must only accept and follow a client's lawful, proper and competent instructions. 34.2 ...the solicitor must not seek instructions for the provision of legal services in a manner likely to oppress or harass a person who, by reason of some recent trauma or injury, or other circumstances, is... at a significant disadvantage in dealing with the solicitor at the time when the instructions are sought.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules r46 partial 7 cases
A barrister must not in any dealings with a client exercise any undue influence intended to dispose the client to benefit the barrister in excess of the barrister's fair remuneration for the legal services provided to the client.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch2 — Client lacking mental capacity; Duress or undue influence strong
A solicitor should satisfy themselves about a client's capacity to give instructions if they have any doubts about their client's capacity... A solicitor should not accept instructions that they suspect have been given by a client under duress or undue influence.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.1.1 c)iv)-v) strong
A member... must not act... iv) if he or she knows or has reasonable grounds to believe that the instructions are given by a client who is under duress or undue influence; v) if he or she knows or has reasonable grounds to believe that the instructions are given by a client who is vulnerable unless... he or she is satisfied that the instructions represent the client's wishes and that the client understands the consequences of those instructions.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.2-9 strong
When a client's ability to make decisions is impaired because of minority, mental disability, or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal lawyer and client relationship.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.2-9 strong 2 cases
When a client's ability to make decisions is impaired because of minority or mental disability, or for some other reason, the lawyer must, as far as reasonably possible, maintain a normal lawyer and client relationship.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 8.4(c) / r 3.7(c) partial
A lawyer may disclose confidential information ... where ... (c) it is necessary to protect the interests of the client in circumstances where, due to incapacity, the client is unable effectively to protect his or her own interests;
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 5.04 / Principle 5.01 Commentary 4 strong
A solicitor must not continue to act where he suspects after reasonable enquiry that his instructions have been given by a client under duress or undue influence. ... A solicitor cannot be retained by a prospective client who does not have mental capacity. ... Particular care may need to be taken where clients are elderly or otherwise vulnerable to pressure from others.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct no clear equivalent
Cases dealing with this duty
51 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Fryatt, David John
The solicitor sent a letter to a complainant in domestic violence-related proceedings which employed tactics that went beyond legitimate advocacy and were primarily designed to frustrate the recipient, contrary to r 34.…
Reprimand Satisfactory completion of additional Continuing Professional Development (CPD) units $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Jenkins, Amy Louise
The solicitor sent an email which: a) was discourteous in breach of r 4.1.2 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (Conduct Rules); and b) went beyond legitimate advocacy and was p…
1. Reprimand 2. Order for the solicitor to complete legal ethics training with the Professional Support Unit of the Law Society as approved by the Director, Legal Regulation, within 6 months 3. Order for the solicitor to provide an apology to the complainant in a form approved by the Director, Legal Regulation, within 3 months $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Hall, Trevor Andrew
The solicitor sent emails which: (i) were discourteous in breach of r 4.1.2 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (Conduct Rules); (ii) were likely to a material degree to be prej…
Fine Reprimand Order for the solicitor to complete 10 additional CPD units for the 2026-2027 period in the area of ethics as approved by the Director, Legal Regulation Order recommending the imposition of a condition on the solicitor’s practising certificate requiring the solicitor to undertake mentoring for a period of 2 years $5,000.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Paul Ignatius Boylan
In 2018, the Practitioner breached his fundamental duties to act in his client’s best interests in breach of ASCR 4.1.1 and failed to avoid any compromise to his integrity and professional independence in breach of ASCR…
Multiple Disciplinary Action Fine Reprimand View decision -
Md Zahidul Islam; Zarina Shaheen Bostan; Nageena Choudhry; Mohammed Saleem
Code of Conduct for Firms 2019, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors' Accounts Rules
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Mullan, Barry John
The solicitor sent a letter which used tactics that went beyond legitimate advocacy, and which were primarily designed to embarrass or frustrate another person in breach of rule 34.1.3 of the Legal Profession Uniform La…
Fine Lawyer to undertake and complete further ethics education Reprimand The solicitor was also ordered to provide an apology $2,000.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
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Yusuf Jamal Siddiqui
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019, SRA Principles 2019
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Loukas, William (Bill) Vasilios
Ground 1: The respondent engaged in professional misconduct by acting unprofessionally, rudely and in an intimidating manner towards [Person A] and [Person B] in his written correspondence. Ground 2: The respondent enga…
The Tribunal orders, by consent, that the Respondent (1) be reprimanded (2) pay a fine to the applicant of $5,000 (3) undertake, complete and pass any reasonable educative course within 12 months from the date the orders are made (4) provide a statutory declaration to the applicant within 1 month of completing the educative courses (5) agrees to pay the applicant’s costs and disbursements incurred to date on the indemnity basis $5,000.00 Disciplinary Action 1 PDF View decision -
Leonard Hil Marriott
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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Kazas-Rogaris, Anne
On 29 April 2022, the Professional Conduct Committee (Committee) of the Law Society of New South Wales resolved to do the following: (1) Find Ms Kazas-Rogaris guilty of unsatisfactory professional conduct on the basis t…
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van Langenberg, Carmeline Elaine
The Solicitor sent intimidating correspondence in breach of Rule 34 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules. The Solicitor breached Rule 25 of the Solicitors' Rules by conferring with mo…
Reprimand Complete legal ethics training with the Professional Support Unit of the Law Society of NSW $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Ruggero-Salerno, Maria Luisa
Breached Rule 21.2 and 34.1 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules. — Unsatisfactory Professional Conduct
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Malakhov, Vadym Leonidovych
Ground 1: Breached rule 34.1.1 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (Conduct Rules) in the course of representing a client, making a statement which grossly exceeded the legitima…
Costs Fine Reprimand Solicitor to undertake and complete further legal education $2,500.00 1 PDF View decision -
JOHN WESLEY BUTLER
Professional Misconduct. Suspension. Costs
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Dustin Gerald Ellis
Rule 3-7.1 Consent Agreement
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Klievens, Mitchell Steven
Breach of Rules 34.1.1 and/or 34.1.3 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 - Dealing other persons Breach of Rule 4.1.2 of the Legal Profession Uniform Law Australian Solicitors’ …
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
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Montague Frankel
Breaches, Failures, Solicitors' Accounts Rules
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Weller, Herbert Hugo
1. Taking instructions from an aged client who lacked capacity to: (a) become an enduring attorney for a person in an aged care facility; and (b) to commence Supreme Court proceedings for a writ of habeas corpus 2. Fail…
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Weller, Herbert Hugo
1. Preparing the following documents without obtaining a medical opinion as to whether the client lacked capacity: Revocation of a power of attorney, an enduring power of attorney and an appointment of enduring guardian…
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Ian H. Robins
Appeal Allowed; GLC Sanction set aside; New sanction imposed | Court of Appeal decision delivered October 18, 2019. View PDF [2019] JMCA Civ 30 BEFORE: THE HON MR JUSTICE F WILLIAMS JA THE HON MISS JUSTICE P WILLIAMS JA…
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Craig Selwyn Lee JENSEN
Guilty of Professional Misconduct
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.