The duty in context
No improper benefit, loan or bequest client
The lawyer must not procure a gift, bequest, loan or other benefit from a client beyond fair remuneration, and must ensure the client is independently advised where such a benefit is conferred.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 1.2 partial 89 cases
1.2 You do not abuse your position by taking unfair advantage of clients or others.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook gC18; gC19 partial
gC18 The following may reasonably be seen as compromising your independence in breach of Rule 8 ... .2 lending money to any such client ...; or .3 accepting any money (whether as a loan or otherwise) from any client, professional client or other intermediary, unless it is a payment for your professional services or reimbursement of expenses or of disbursements made on behalf of the client; gC19 If you are offered a gift ... you should consider carefully whether the circumstances and size of the gift would reasonably lead others to think that your independence had been compromised.
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.7.9 partial
An attorney-at-law shall ensure that any gratuitous benefit received from a client, whether monetary or non-monetary, is compliant with applicable legislation on bribery and corruption, and any other regulation applicable to attorneys-at-law and recognised law entities in respect of gifts.
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 12.2; 12.3 strong 32 cases
12.2 A solicitor must not do anything: (a) calculated to dispose a client or a third party to confer on the solicitor... any benefit in excess of the solicitor's fair and reasonable remuneration... 12.3 A solicitor must not borrow any money, nor assist an associate to borrow money, from: 12.3.1 a client of the solicitor or of the solicitor's law practice...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr46-47 strong 5 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 ... A barrister must not receive any money or property by way of loan from any client, the relative of a client or a business entity ... during the course of a retainer with that client unless the ordinary business ... includes lending money.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch3 — Bequests or gifts by client to solicitor, staff or family; Borrowing money from a client strong 13 cases
Where a client intends to bequeath under their will or make a gift by deed to the solicitor drafting the will or deed, or to a partner, staff member, or member of the family of that solicitor, then the solicitor should not act and should advise the testator to consult another firm... A solicitor should not borrow money from a client unless that client is independently represented by another firm in that transaction or it is part of the business of the client to lend money.
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.6.9 strong
A member must not enter into a contract with a client, or prepare a document... by which the client confers a gratuitous benefit, whether monetary or non-monetary, on that member, a close relative or a partner or employee of that member's firm or the member's employer unless: a) the benefit or the value of the benefit so conferred is no more than the lesser of £500 or (where applicable) one half of one per cent of the client's current estimated net estate.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.4-39; r 3.4-28.1 strong
3.4-39 Unless the client is a family member of the lawyer or the lawyer's partner or associate, a lawyer must not prepare or cause to be prepared an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift. [3.4-28.1 Except for borrowing from a regulated lender or from a related person, a lawyer shall not borrow from a client.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.4-38 strong 6 cases
Unless the client is a family member of the lawyer or the lawyer's partner or associate, a lawyer must not prepare or cause to be prepared an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 5.8 / r 5.10 strong
A lawyer must not accept a gift from a client if there is a possibility of the gift being or appearing to be inconsistent with the trust and confidence reposed by the client. ... A lawyer must not draft or assist in drafting a provision of a will or other instrument under which the lawyer may take a benefit ... unless, before the execution of the will or instrument, the person concerned has taken independent advice.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct B1.8 partial 7 cases
Where you are consulted about a matter in which you have, or your practice unit has, a personal or a financial interest, the position must be made clear to the client as soon as possible.
Law Society of Scotland — Practice Rules 2011, Rule B1 (Standards of Conduct) · 2011 · archived copy · official source ↗
SG Lawyers Professional Conduct Rules 2015 r 23 (Prohibited borrowing transactions); r 24 (Purchases from client); r 25 (Gifts from client) strong 4 cases
23 Prohibited borrowing transactions; 24 Purchases from client; 25 Gifts from client
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 7.05 strong
A solicitor must tell a client who offers him a gift that the client is not obliged to give him anything. A solicitor must refuse any gift to him as a solicitor if it is significant in value unless the client is independently advised as to the gift. A solicitor must not do anything which might be construed as inviting a gift from a client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 9.5 strong
Apart from the payment of fees for professional services or reimbursement of expenses or of disbursements or of agreed interest thereon, a practising barrister must not, whether by himself or through anyone acting for and on his behalf, accept any money, whether by way of gift, loan or otherwise, from a lay client, the relative of a client or a business entity of which a client is a director, partner or manager.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
158 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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Downie, Daniel Mcgregor
1. Breaches of Section 255 LPA 2004 - disbursing trust money without authority 2. Breaches of Section 264 LPA 2004 - failing to keep trust records in a way that discloses true position 3. Misappropriation 4. Causing a d…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision -
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Michele O'Keeffe
In the matter of Michele O’Keeffe, a solicitor previously practising as Michele O’Keeffe & Company, 1 Cornmarket Street, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2011 [8246/DT151/12 and 2013 no 109…
strike_off View decision -
Mark Cronin
In the matter of Mark Cronin, solicitor, formerly practising as Cronin Kenneally & Company and as Cronin Mungovan, The Square, Macroom, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [10550/DT127/12 and 201…
strike_off View decision -
Chandrika Achala Devi URBAN
Guilty of professional misconduct on 9 charges. Guilty of unsatisfactory professional conduct on 6 charges.
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Patrick Aidan Crowley
In the matter of Patrick Aidan Crowley, a solicitor previously practising as a partner in the firm of Egan Daughter & Company, Solicitors, Church Street, Castlebar, Co Mayo, and in the matter of the Solicitors Acts 1954…
other View decision -
Richard Caplan
Breaches, Failures, Others
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Fitzsimons, Christopher Ronald
1. Misappropriation 2. Breaches of Section 254 of the Legal Profession Act 2004 - Failure to deposit trust money in a general trust account/failure to deal with money as directed 3. Breaches of Section 257 of the Legal …
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision -
Lyons, James William
Breach of Rule 12 of the Revised Professional Conduct & Practice Rules - borrowing money from a client — Professional Misconduct
Costs Fine Reprimand $6,000.00 Proceedings Instituted View decision -
Bradfield, John Gordon
1. Misappropriated moneys entrusted to him 2. Failure to account for moneys entrusted to him 3. Borrowed money from clients - breached Rule 12 of the Revised Professional Conduct Rules 4. Breached Section 61 of the Lega…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision -
Miller, James Mathew
Professional Misconduct: 1. Obtain loan from client in breach of fiduciary duty 2. Failed to comply with two notices under Section 660 of the Legal Profession Act 2004 Unsatisfactory Professional Conduct 3. Failed to gi…
Costs Removal of practitioner's name from the Roll of Local Lawyers (04/07/2012 Disciplinary Action) $0.00 Proceedings Instituted View decision -
Jacqueline Levesque
Agreed Statement of Facts
Agreed Statement of Facts View decision -
White, Geoffrey Allan
1. Misappropriation of trust moneys 2. Failure to account (x2) 3. Wilful breach of Section 61 of the Legal Profession Act, 1987 - handling of trust moneys (x16) 4.Wilful breach of Section 62 of the Legal Profession Act,…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision -
D E Powell// D J Corlis/Another
Breaches, Failures, Solicitors' Accounts Rules, Others
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David Alan Webb
Breaches, Failures, Others
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Robin Alastair Jackson & Another
Breaches, Failures, Solicitors' Accounts Rules, Others
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Alan Charles Crickmore
Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others
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Harry Martin Edwards
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Laftsidis, Dimitrios
1. Breach of trust account provisions, by withdrawing monies from trust without any authority to do so 2. Breach of trust acocunt provisions, by failing to transfer monies received on trust to a trust account 3. Breach …
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Desmond O'Brien
In the matter of Desmond O’Brien, solicitor, Cregg, Lahinch, Co Clare, and in the matter of the Solicitors Acts 1954 to 2008 [4952/DT58/09 and High Court record 2010 no 44SA) Law Society of Ireland (applicant) Desmond O…
strike_off View decision -
Mavrakis, George John
1. Breach of Sections 253, 254, 255 & 260 of the Legal Profession Act 2004 - relating to trust funds 2. Misappropriation of trust funds 3. Breach of Rule 12 of the Revised Professional Conduct & Practice Rules 1995 by b…
Conditions on Practising Certificate Costs Fine Practitioner to undertake and complete further legal education Reprimand Mentoring of solicitor by Senior Solicitor $3,000.00 Proceedings Instituted 1 PDF View decision -
Tannous, Charly
1. Borrowing from client in breach of Rule 12 2. Contravening section 117 of the Legal Profession Act 1987 — A reasonable likelihood of a finding of 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 -
Mary Miley
In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2002 [3916/DT66/07 and High Court record …
strike_off View decision -
A K Sharma & Others
Failures, Others
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.