The duty in context
Orderly wind-down and contingency cover practice
On ceasing practice or facing insolvency the lawyer or firm must effect an orderly wind-down, notify clients and the regulator, and (for sole practitioners) arrange for protection of clients on death, illness or incapacity.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCF 2.4; CCF 3.6 strong 67 cases
2.4 You actively monitor your financial stability and business viability. Once you are aware that you will cease to operate, you effect the orderly wind-down of your activities. 3.6 You notify the SRA promptly: ... (c) if you intend to, or become aware that you will, cease operating as a legal business ...
SRA Code of Conduct for Firms · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC72 strong
rC72 Once you are aware that you ... will cease to practise, you shall effect the orderly wind-down of activities, including: .1 informing the Bar Standards Board and providing them with a contact address; .2 notifying those clients for whom you have current matters and liaising with them ...;
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.13.1(f) partial
shall promptly notify the Council where a recognised law entity is in financial difficulties or at material risk of being unable to meet its financial obligations
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules no clear equivalent
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch9 — Changes in the solicitor's practice; Succession planning for solicitor's unexpected absence from office strong 3 cases
Where a sole practitioner ceases to practise, or all the partners in a partnership cease to practise, prompt notification to the clients of the firm should be made... The Legal Services Regulation Authority must also be notified of such changes, where applicable... All firm owners, but particularly sole practitioners or the sole principal of a firm, should plan for emergency situations, such as death or other eventualities that might inhibit or restrict their ability to manage their firm.
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.12.5; R.12.1 g); G.12.11; G.12.12 strong
Members who are sole practitioners must make proper arrangements in the event of their illness, death, absence or other incapacity to protect their clients, and their clients' money and assets held by, or to, the order of the sole practitioner. Where a firm concludes that it is not financially viable, the Law Society must be informed immediately and the responsible members must take appropriate steps either to ensure an orderly wind down or to obtain assistance so that the firm becomes financially viable. Where a practice closes, whether as a result of financial issues or otherwise, the members must ensure that there are appropriate arrangements for the orderly transfer of clients' property and any assets held and that clients are provided with relevant information as to where their property or assets will be transferred.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 7.1-3(b) partial
Unless to do so would be unlawful or would involve a breach of solicitor-client privilege, a lawyer shall report to the Law Society, ... (b) the abandonment of a law or legal services practice. [The RPC addresses abandonment via the reporting duty; orderly wind-down / succession arrangements for sole practitioners are governed by the by-laws, not the RPC.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.7-1, commentary [4] partial
When a lawyer leaves a law firm to practise alone or to join another law firm, the departing lawyer and the law firm have a duty to inform all clients for whom the departing lawyer is the responsible lawyer in a legal matter that the clients have a right to choose who will continue to represent them. The same duty may arise when a firm is winding up or dividing into smaller units.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules no clear equivalent
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 2.05 / Principle 2.06 strong
A sole principal should make suitable arrangements for the running of a practice during a period of absence. ... A sole practitioner must make a will containing provisions for the management of his practice after his death.
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
75 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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Mark John Linfield
Breaches, Client Money, Failures, Others
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Peter Arthur ROWELL
Guilty of professional misconduct on 4 charges.
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Ngozi Pipi
Breaches, Failures, Solicitors' Accounts Rules
S.43 Order (clerks), Suspend - Fixed Period, Variation of Conditions on Practising Certificate 1 PDF View decision -
Peter Harry Perrey
Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others
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John Robert Jacobs
Failures, Solicitors' Accounts Rules, Others
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Martyn Wright
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Gary Paul Leech
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Trevor Austin Trent Hobden
Breaches, Client Money, Solicitors' Accounts Rules, Others
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Omo Lourita Omuvwie-Momoh
Breaches, Failures, Others
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Mahmood Akram Khan Mirza
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Hiddadura Anthony Oliver M Abeynayake
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Adeyinka Mafe
Breaches, Failures, Others
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Barjinder Kumar Sharma
Breaches, Failures
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Thomas Byrne
In the matter of Thomas Byrne, a solicitor formerly practising under the style and title of Thomas Byrne & Co at 78 Walkinstown Road, Dublin 12, and in the matter of the Solicitors Acts 1954-2002 [6095/DT60/06, 6095/DT3…
strike_off View decision -
M J Ashraf & 2 Others
Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules
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Thomas Ofordire Egole
Breaches, Failures, Solicitors' Accounts Rules, Others
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Michael Robert Smith
Failures, Solicitors' Accounts Rules, Others
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Timothy Ian Millar
Breaches, Failures, Solicitors' Accounts Rules, Others
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A J Nulty & Another
Breaches, Others
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Gray, Roger Winchester
1. Breached Section 61(3)(b) Legal Profession Act. 1987 - handling of trust moneys 2. Breached Clause 78 Legal Profession Regulation 2002 - 3. Breached Section 261(1)(b) Legal Profession Act, 2004 - dealing with trust m…
Suspension of Practising Certificate $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 -
Kojo Asare
Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
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George Stephen Mills
Breaches, Failures
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Simon Paul Hett
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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9793-2007 - Sohrab Taheri
Failures
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.