The duty in context
Proper basis for allegations court
The lawyer must not allege fact, fraud, criminality or serious misconduct, or put credit suggestions, without reasonable grounds providing a proper basis and (for serious allegations) the client's instructions.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 2.4 partial 340 cases
2.4 You only make assertions or put forward statements, representations or submissions to the court or others which are properly arguable.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC7.3; rC9.2.c strong 21 cases
rC7.3 you must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless: .a you have reasonable grounds for the allegation; and .b the allegation is relevant to your client's case or the credibility of a witness; and .c where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary. rC9.2.c any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud;
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.2.5(c); R.3.2(b)(iii) strong
make a serious allegation against any person, or suggest that a person is guilty of a crime with which the attorney-at-law's client is charged unless — (i) there are reasonable grounds for the allegation; (ii) the allegation is relevant to the client's case or the credibility of a witness... any allegation of fraud, unless the attorney-at-law has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 21.3; 21.4; 21.5 strong 55 cases
21.3 A solicitor must not allege any matter of fact in: ... unless the solicitor believes on reasonable grounds that the factual material already available provides a proper basis to do so. 21.4 A solicitor must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the solicitor believes on reasonable grounds that: 21.4.1 available material by which the allegation could be supported provides a proper basis for it; and 21.4.2 the client wishes the allegation to be made...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr63-64,66 strong 24 cases
A barrister must not allege any matter of fact ... unless the barrister believes on reasonable grounds that the factual material already available provides a proper basis to do so. A barrister must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the barrister believes on reasonable grounds that ... a proper basis for it; and ... the client wishes the allegation to be made.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch5 — Solicitor instructed in professional negligence proceedings partial 19 cases
A solicitor should not make allegations of professional negligence or issue proceedings alleging professional negligence in the absence of supportive independent expert evidence.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 5.8; Rule 5.5 strong 19 cases
A Barrister shall not settle a pleading claiming fraud without express instructions and without having satisfied himself that there is or will be available at the trial of the action evidence to support such a claim.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.3.5 c); R.4.2 b)iii) strong
Members must not: ... c) make a serious allegation against any person, or suggest that a person is guilty of a crime with which their client is charged unless: i) they have reasonable grounds for the allegation; and ii) the allegation is relevant to their client's case or the credibility of a witness... [R.4.2 b)iii)] not draft any... document containing... iii) Any allegation of fraud, unless the member has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(g) strong
When acting as an advocate, a lawyer shall not ... knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 5.1-2(g) strong 5 cases
When acting as an advocate, a lawyer must not: ... (g) knowingly assert as fact that which cannot reasonably be supported by the evidence or taken on judicial notice by the tribunal;
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.8.1 strong
A lawyer must not be a party to the filing of any document in court alleging fraud, dishonesty, undue influence, duress, or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensure that reasonable grounds for making the allegation exist.
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 r 9 (Conduct of proceedings) partial 11 cases
9 Conduct of proceedings
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 10.03 Commentary 1 / Principle 10.07 Commentary 4 & 6 strong
Breaches of this Principle include: ... (b) knowingly asserting something as a fact for which there is no reasonable basis in evidence, or the admissibility of which must first be established ... This Principle also prohibits a solicitor from making or instructing a barrister to make an allegation which is scandalous. ... A solicitor should not, in a plea in mitigation, make or instruct a barrister to make an allegation which is likely to vilify or insult any person, without having first satisfied himself that there are reasonable grounds for making the statement.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.23(a)-(b) strong
A practising barrister instructed to draft or settle a court document ... He may not:- (a) make any allegation unsupported by his instructions; (b) allege fraud unless he has clear instructions to make such allegation and he has before him reasonably credible material which, as it stands, establishes a prima facie case of fraud;
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
475 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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Yousif, Alina
1. Participating in a criminal group in contravention of s 93T(1) of the Crimes Act 1900 (NSW); 2. Using a false document with the intention of inducing a person to accept it as genuine and then to influence that person…
Removal of lawyer’s name from the Roll of Australian lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Claire Letitia Parry
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
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David Baynon Crosby
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2019
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Peter Kenneth Felton Gerber
Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, Recklessness, SRA Principles 2011, SRA Principles 2019
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David Leslie Schaefer
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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Betty Igwebike Forde
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Money Laundering Regulations, Solicitors Accounts Rules 2019, SRA Principles 2019
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Vo, Dung Quoc
On 11 March 2022, the Respondent was convicted in the District Court of New South Wales of two counts of causing a financial disadvantage by deception under section 192E(1)(b) of the Crimes Act 1900 (NSW) (Crimes Act) a…
Costs Removal of lawyer’s name from the Roll of Australian lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Mills Kirin
Respondent's conduct the subject of Charge 1 amounts to unsatisfactory professional conduct
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Domenico Pisano
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, SRA Principles 2019
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Philip Julian Paul Hyland
Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019
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Martin Darren Rounthwaite
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
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Richard Gregory Barca
Code of Conduct 2011, SRA Principles 2011
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Armstrong, Kathlin Annita
On 21 October 2020, Kathlin Annita Armstrong, was found guilty in the Local Court of seven charges of dishonestly obtain a financial advantage by deception, one charge of dishonestly obtain property by deception (collec…
Costs Removal of lawyer’s name from the Roll of Australian lawyers $0.00 Proceedings Instituted 1 PDF View decision -
RICHARD JAMES LAWSON
Struck Off the Roll of Practitioners
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O'Loughlin, Jonathan Edward
1: The Respondent Solicitor engaged in discourteous conduct in breach Rule 21.2 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules (Conduct Rules) 2: The Respondent Solicitor breached Rule 22.2 of …
An apology from the Respondent Solicitor to be made to the Complainant within six months in a form that is approved by the Director, Legal Regulation (s 299(1)(c) of the Uniform Law); $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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Anthony David GRAY
In respect of each of Charges 1 and Charge 2 there is a finding of professional misconduct.
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Krystel Marzan
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2011, SRA Principles 2019
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ROXANNE MAREE McCARDLE
Professional Misconduct. Recommend removal from interstate roll. Costs
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Faiyaz Ahmad Dean
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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Karen Nicholson
Breaches, Code of Conduct 2011, Dishonesty, Lack of Integrity, SRA Principles 2011
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Andrew James Cutland
Breaches, Client Money, Code of Conduct 2011, Dishonesty, Lack of Integrity, Solicitors' Accounts Rules, SRA Principles 2011
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.