The duty in context
Fair dealing with unrepresented parties integrity
When the opposing party is unrepresented, the lawyer must make clear they act only for their own client and must not use oppressive, intimidating or harassing tactics.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 1.2 partial 24 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 rC7.1; gC5 partial 2 cases
rC7.1 you must not make statements or ask questions merely to insult, humiliate or annoy a witness or any other person; gC5 ... It is particularly important where you are appearing against a litigant who is not legally represented.
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.11.2 partial
An attorney-at-law shall not take unfair advantage of anyone, either for the client's benefit or for the benefit of the attorney-at-law.
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rule 34.1 partial 8 cases
A solicitor must not in any action or communication associated with representing a client: 34.1.1 make any statement to another person: (i) which grossly exceeds the legitimate assertion of the rights or entitlements of the solicitor's client, and (ii) which misleads or intimidates the other person... 34.1.3 use tactics that go beyond legitimate advocacy and which are primarily designed to embarrass or frustrate another person.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules r52 partial 2 cases
A barrister must not confer with or deal directly with any party who is unrepresented unless the party has signified willingness to that course.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch6 — Persons acting without legal representation strong 2 cases
The solicitor should recommend in writing that the other party obtain legal representation and make clear that the solicitor will only protect the interests of their own client.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 5.14 partial 2 cases
In the event that the other party does not have legal representation, a Barrister may, in the presence of his instructing solicitor, negotiate with the following persons: (i) the other party directly; (ii) the duly authorised agent of the insurer of the other party; (iii) where the other party is a body corporate, its servants or agents.
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.10.2; G.10.7; G.10.8 partial
Members must not take unfair advantage of anyone, either for the client's benefit or for their own benefit... [G.10.7] Care should be taken when members are dealing with someone who does not have legal representation... members should ensure that a balance is maintained between doing their best for the client and not taking unfair advantage of the opponent's lack of legal knowledge and drafting skills. [G.10.8] When dealing with an unrepresented third party, members should ensure that a contractual relationship is not inadvertently created and that the third party understands clearly that the member is acting for its client and does not owe the third party any duty to act in their interests.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 7.2-9 strong
When a lawyer deals on a client's behalf with an unrepresented person, the lawyer shall: (b) take care to see that the unrepresented person is not proceeding under the impression that their interests will be protected by the lawyer; and (c) take care to see that the unrepresented person understands that the lawyer is acting exclusively in the interests of the client and accordingly their comments may be partisan.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 7.2-9 strong 1 case
When a lawyer deals on a client's behalf with an unrepresented person, the lawyer must: (a) urge the unrepresented person to obtain independent legal representation; (b) take care to see that the unrepresented person is not proceeding under the impression that his or her interests will be protected by the lawyer; and (c) make it clear to the unrepresented person that the lawyer is acting exclusively in the interests of the client.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 12 / r 12.1 strong
A lawyer must, when acting in a professional capacity, conduct dealings with others, including self-represented persons, with integrity, respect, and courtesy. When a lawyer knows that a person is self-represented, the lawyer should normally inform that person of the right to take legal 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 no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 8 (Conduct in relation to other persons) partial 7 cases
8 Conduct in relation to other persons
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 13.01 Commentary 1 & 3 strong
A solicitor must take particular care when dealing and corresponding with an unrepresented third party to ensure that no solicitor-client relationship arises by implication between the solicitor and the third party. ... If it is so badly drawn as to be inappropriate ... advising him to consult a solicitor on its preparation.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.6 partial
A practising barrister must in all his professional activities be courteous and civil, and must act in good faith with all those with whom he has professional dealings. He should not send correspondence to or otherwise communicate with any person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional correspondence or communication.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
47 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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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 -
Suspended for a period of five (5) years, with effect from the date of discharge of his bankruptcy 1 PDF View decision
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Alison Haley Griffiths
Breaches, Client Money, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Criminal Convictions, Dishonesty, SRA Principles 2011, SRA Principles 2019
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Nigel John Weller
Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019, SRA Principles 2019
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Fasar Mahmood
Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2011
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Lewis Brady
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
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Respondent AR
Code of Conduct for Solicitors, REL's & RFL's 2019, Solicitors Accounts Rules 2019
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Belinda Owusuah Sarkodie
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
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(unnamed)
Appeals
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Lois Yvonne Bayliss
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
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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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Philip Julian Paul Hyland
Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019
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Jasvinder Singh Gill
Breaches, Code of Conduct 2011, SRA Principles 2011
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Sunny Sidhu
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019
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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 -
Frederick William Adams
Code of Conduct for Firms 2019, Lack of Integrity, SRA Principles 2019
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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 Proceedings Instituted 1 PDF View decision -
William Lorne Macdonald
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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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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Samuel Maurice Charkham
Breaches
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Ivor George Peynado
Suspended | Disciplinary Committee decision delivered April 17, 2019. || Guilty| Disciplinary Committee decision delivered June 24, 2017. View PDF DECISION ON SANCTION DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL…
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Craig Selwyn Lee JENSEN
Guilty of Professional Misconduct
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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.