Skip to main content
discipline 30 September 2026

The duty in context

No improper communication with the court court

The lawyer must not communicate with the court on a matter of substance in the opponent's absence except where permitted, and must promptly disclose to the opponent any such communication.

602 cases 59% strike-off avg suspension 22.3 mo avg fine 23,440 196 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rules 22.5; 22.6 strong 99 cases
22.5 A solicitor must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless: ... 22.6 A solicitor must promptly tell the opponent what passes between the solicitor and a court in a communication referred to in Rule 22.5.
AU Barristers Uniform Barristers Rules rr53-54 strong 36 cases
A barrister must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless [permitted]. A barrister must promptly tell an opponent what passes between the barrister and a court in a communication referred to in Rule 53.
IE Solicitors Law Society Guide Ch5 — Communication with the court strong 82 cases
A solicitor should not discuss the merits of a case with the judge, registrar, clerk or other official before whom a case is pending. Where during the case a written communication to the court is required, the solicitor should deliver a copy of the communication to the opposing party.
IE Barristers Bar Code of Conduct Rule 5.28; Rule 5.29 strong 82 cases
Barristers shall not approach a Judge to discuss with them any matter then pending or at hearing before that Judge without the consent of the Judge and their opposing lawyer or lay litigant being present during such approach.
JM Attorneys Canons of Professional Ethics Canon V(i) partial 26 cases
In any proceeding in a Court an Attorney shall not communicate or cause any other person to communicate with a juror as to the merits of such proceedings, and shall only do so with a Judge or person exercising Judicial functions:- (i) in the normal course of the proceedings, or (ii) where authorised by law, or the practice of the Courts or with the consent of the parties.
JE Lawyers Law Society of Jersey Code G.3.4 partial
Members must not discuss the merits of a case with a member of the judiciary before whom a case is pending or by whom it may be heard unless invited to do so in the presence of the lawyer for the other side.
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(d) partial
When acting as an advocate, a lawyer shall not ... endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a tribunal or any of its officials in any case or matter by any means other than open persuasion as an advocate
BC Lawyers BC Code r 2.1-2(d) partial 15 cases
A lawyer should never seek privately to influence a court or tribunal, directly or indirectly, in the lawyer's or a client's favour, nor should the lawyer attempt to curry favour with juries by fawning, flattery or pretended solicitude for their personal comfort.
NZ Lawyers Conduct & Client Care Rules r 13.2.2 strong
A lawyer must not discuss any case or matter before the court with any judicial officer involved in the proceeding either formally or informally outside of the rules of procedure ... In cases of doubt, the lawyers for other parties (or if a party is not represented, then the party concerned) should be informed of any matters being brought before the court.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 30 (Communication with court) partial 9 cases
30 Communication with court
HK Solicitors Solicitors' Guide Principle 10.02 Commentary 2-3 strong
Except in the course of an application to the court, a solicitor must not discuss the merits of the case with a judge, magistrate or other adjudicator before whom a case is pending ... unless invited to do so in the presence of the solicitor or barrister for the other side ... a solicitor shall at the same time deliver a copy of it to his professional adversary.
HK Barristers Bar Code of Conduct para 10.48 strong
A practising barrister must not, outside of an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the Court concerning any matter of substance in connection with current proceedings unless ... A practising barrister must promptly inform an opponent of what has passed between the barrister and the Court in a communication referred to in sub-paragraph (a) hereof.

Cases dealing with this duty

Clear

602 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • RICHARD JAMES LAWSON
    LPBWA lawyer 7 Wilberforce Street MOUNT HAWTHORN WA 6016 Legal Profession Complaints Committee and Lawson [2021] WASAT 152 (S) 2022-06-22 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 2 PDFs View decision
  • Kernaghan, Aaron Noel
    OLSC solicitor Kernaghan & Associates Pty Ltd [2022] NSWCATOD 64 2022-06-20 found breached

    Professional Misconduct Failed to honour an undertaking Committing various trust monies breaches concerning multiple clients and events between December 2015 and July 2016 Failed to answer a s 370 Notice Failed over a l…

    Costs Reprimand Solicitor to undertake and complete further legal education Employment and medical conditions imposed on the Solicitor’s practising certificate $0.00 Proceedings Instituted 1 PDF View decision
  • Zeeshan Mian
    BTAS barrister Lincoln's Inn 2022-06-16 found breached
    strike_off appeal dismissed 2 PDFs View decision
  • Daniel Anthony McGinn
    SSDT solicitor Daniel Anthony McGinn, 68 Sannox Drive, Glasgow 2022-05-26 found breached
    strike_off No Appeal 2 PDFs View decision
  • Douglas Kilpatrick
    SSDT solicitor Douglas Kilpatrick, PRP Legal Ltd, Kensington House, 227 Sauchiehall Street, Glasgow; 2022-05-04 found breached
    fine No Appeal 1 PDF View decision
  • David Ewan McNeish
    SSDT solicitor David Ewan McNeish, formerly of Optima Legal (now Alston Law) and now of DWF LLP, No. 2 Lochrin Square, 96 Fountainbridge, Edinburgh 2022-04-26 found breached
    reprimand No Appeal 2 PDFs View decision
  • Buckley, Nathan Andrew
    OLSC solicitor G & B Lawyers [2022] NSWSC 328 2022-03-24 found breached

    The Council of the Law Society suspended Mr Buckley’s practising certificate for the period ending 30 June 2022, as it found: 1. Nathan Andrew Buckley is unable to fulfill the inherent requirements of an Australian lega…

    Mr Buckley’s amended summons was dismissed with costs $0.00 Proceedings Instituted 1 PDF View decision
  • Williams, Jason
    OLSC barrister 2022-03-24 found breached

    Ground One: Breached Rule 8(c) of the Legal Profession Uniform Conduct (Barristers) Rules 2015, in that, by sending an email to various recipients, he engaged in conduct which was likely to diminish public confidence in…

    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
  • Andrew Paterson Penman
    SSDT solicitor Andrew Paterson Penman, 68 Orchard Terrace, Hawick 2022-02-18 found breached
    strike_off No Appeal 1 PDF View decision
  • Michelle Cronin
    LSI solicitor Kennedy Buildings, 24 Main Street, Tallaght Village, Dublin 24 2022-02-14 found breached

    In the matter of Michelle Cronin, a solicitor previously practising as Michelle Cronin Solicitors at Kennedy Buildings, 24 Main Street, Tallaght Village, Dublin 24 [2020/DT13 and High Court record 2022 no 3SA] Law Socie…

    conditions View decision
  • Rosario Cateno Di Bella
    LSBC lawyer 2022-01-27 found breached

    Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee

    Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee 1 PDF View decision
  • Fiona McKinnon
    SSDT solicitor Fiona McKinnon 2022-01-12 found breached
    conditions 3 PDFs View decision
  • Alvin Gilbert Just & Devon Anthony Brown
    SDT solicitor 12322/2022 2022-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Fine, Strike off 1 PDF View decision
  • James Michael Gregson
    SDT solicitor 12221/2021 2021-11-30 found breached

    Criminal Convictions

    Suspend - Indefinite 1 PDF View decision
  • Robert Glen Orris
    LSBC lawyer 2021-11-29 found breached

    Rule 3-7.1 Consent Agreement | Summary

    Rule 3-7.1 Consent Agreement | Summary 1 PDF View decision
  • Thomas Cunningham Steel
    SSDT solicitor Thomas Cunningham Steel, Brunton Miller, Herbert House, Herbert Street, Glasgow 2021-11-26 found breached
    reprimand No Appeal 1 PDF View decision
  • Buckley, Nathan Andrew
    OLSC solicitor G & B Lawyers 2021-11-12 found breached

    The Council of the Law Society of NSW suspended the practitioner under section 82(1)(d) of the Legal Profession Uniform Law (NSW) as it reasonably believes that he is unable to fulfil the inherent requirements of an Aus…

    Suspension of Practising Certificate for the period ending 30 June 2022 $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
  • Mohammed Aamer Anwar
    SSDT solicitor Mohammed Aamer Anwar, Aamer Anwar & Co., Carlton Buildings, Ground Left, 63 Carlton Place, Glasgow; 2021-11-05 found breached
    dismissed No Appeal 1 PDF View decision
  • Angela Walker
    LSC-QLD barrister 2021-11-05 found breached

    The respondents conduct amounts to professional misconduct

    Struck off 1 PDF View decision
  • Seymour George Stewart
    GLC attorney 78 of 2020 2021-11-03 found breached

    Fined | Disciplinary Committee decision delivered November 03, 2021. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 26, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE…

    Fined 1 PDF View decision
  • Gleeson, Phillip Thomas
    OLSC solicitor Moama Law 2021-10-28 found breached

    1. Discourtesy: a. That the Respondent Solicitor failed on 4 occasions over nearly 2 years to either appear for his client himself, or arrange appropriate representation. b. The Respondent Solicitor failed to provide a …

    Practitioner to undertake and complete further legal education Reprimand Provide a written apology to the Federal Circuit Court of Australia in Melbourne $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
  • Kenneth John Baillie Stewart Macleod
    SSDT solicitor Kenneth John Baillie Stewart MacLeod, MacLeods WS, 13 Lombard Street, Inverness 2021-07-01 found breached
    strike_off No Appeal 2 PDFs View decision
  • Lauren Marie Boyd
    GLC attorney 146 of 2016 2021-04-29 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered April 29, 2021. || Fined | Disciplinary Committee decision delivered July 16, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GE…

    Guilty of Professional Misconduct 1 PDF View decision
  • Leslie, James Edward
    OLSC solicitor Leslie Hargrave Pty Ltd [2021] NSWCA 59 2021-04-21 found breached

    Ground 1: Caused a deficiency in the trust account Ground 2: Misappropriated trust funds Ground 3: Manipulated trust accounting records to conceal misappropriation of trust money Ground 4: Breaches of trust account obli…

    Costs Removal of lawyer's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Paul Anthony Garrett
    SSDT solicitor Paul Anthony Garrett, 12 Tweedsmuir Crescent, Bearsden, Glasgow 2021-02-23 found breached
    strike_off No Appeal 1 PDF View decision

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.