The duty in context
No improper use of client money money
The lawyer must withdraw client money only for its proper purpose, must not overdraw a client's funds, and must not use the client account as a banking facility.
How the codes express this duty
E&W Solicitors SRA Principles & Code SAR Rule 5.1; SAR Rule 3.3; SAR Rule 5.3 strong 1,062 cases
5.1 You only withdraw client money from a client account: (a) for the purpose for which it is being held; ... 3.3 You must not use a client account to provide banking facilities to clients or third parties. ... 5.3 You only withdraw client money from a client account if sufficient funds are held on behalf of that specific client or third party to make the payment.
Solicitors Accounts Rules · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 P.7; R.9.2 partial
Attorneys-at-law shall protect client money and assets... An attorney-at-law and a recognised law entity shall safeguard money and assets entrusted to them by clients and others.
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 — Accounts regulations: General strong 90 cases
To use each client's money for that client's matter only, To use trust money only for the purpose of that trust... To establish and maintain proper accounting systems and proper internal control systems to ensure compliance with the regulations.
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 Canon VII(a) partial 137 cases
An Attorney shall comply with rules as may from time to time be prescribed by the General Legal Council relating to the keeping in separate accounts- (i) the funds of himself or any firm with which he is associated; and (ii) those of his clients.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code P.7; R.7.4 a),c) partial
Members must protect client money and assets... Members must: a) identify, monitor and manage risks to money and assets entrusted to them by clients and others... c) ensure compliance with the Accounts Rules.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.6-10; r 3.2-7.3 strong
3.6-10 A lawyer shall not appropriate any funds of the client held in trust or otherwise under the lawyer's control for or on account of fees except as permitted by the by-laws under the Law Society Act. [3.2-7.3 A lawyer shall not use their trust account for purposes not related to the provision of legal services.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.6-10 strong 66 cases
A lawyer must not appropriate any client funds held in trust or otherwise under the lawyer's control for or on account of fees, except as permitted by the governing legislation.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 10.5.2 / r 9.3 partial
A lawyer who receives funds on terms requiring the lawyer to hold the funds in a trust account as a stakeholder must adhere strictly to those terms and disburse the funds only in accordance with them. ... A lawyer who wishes to debit fees held in trust or to receive funds to cover fees in advance must comply with the requirements of regulations 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.
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 16 (Client money) partial 23 cases
16 Client money
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 13.02 / Principle 4.02 Commentary 4 partial
A client account cheque must never be dishonoured. A solicitor must take care to ensure that any cheque for use in connection with his practice will be honoured upon presentation. ... Dishonour of a client account cheque will other than in exceptional circumstances indicate a breach of the Solicitors' Accounts Rules (Cap. 159 sub. leg. F). ... Under rule 9(2) of the Solicitors' Accounts Rules (Cap. 159 sub. leg. F), money received for or on account of an agreed fee which is paid by a client to his solicitor must be paid into an office account.
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
1,577 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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Donovan O. Foote
Appeal dismissed, GLC Disciplinary Committee Decision Affirmed | Court of Appeal decision delivered November 05, 2021. View PDF in Full Screen Back to top …
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Tracey Anne SMITH
In respect of charges 1-5 & 7-12 the Respondent is guilty of professional misconduct.
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Amanda Jane Rose
Rule 4-29 Admission and Undertaking to the Discipline Committee
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Dolden Wallace Folick, LLP
Rule 3-7.1 Consent Agreement | Summary
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Alison Hartvigsen
Charges 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, there is a finding that the Respondent engaged in professional misconduct.
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Kernaghan, Aaron Noel
Professional Misconduct Breached an undertaking to the Office of the Legal Services Commissioner Breach section 137 of the Legal Profession Uniform Law (NSW) - Certain trust money to be deposited in general trust accoun…
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Clifton, David Vincent
Breach of section 138(1)(b) of the Legal Profession Uniform Law - Holding, disbursing and accounting for trust money in general trust account Breach of section 148 of the Legal Profession Uniform Law - Deficiency in tru…
Costs Order recommending removal of lawyer's name from the Roll of Australian Lawyers On 10 December 2021, NSW Supreme Court Court of Appeal ordered: 1. The name of the respondent David Vincent Clifton be removed from the roll kept by the Supreme Court of New South Wales. (2) The respondent pay the applicant’s costs. $0.00 Disciplinary Action 2 PDFs View decision -
Larry David Routtenberg
Rule 3-7.1 Consent Agreement | Summary
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Lancelot A. St. Martin Cowan
Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 10, 2021. || RESULT: Restitution ordered | Disciplinary Committee decision delivered October 23, 2021. View PDF in Full Screen …
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Jacqueline Marie Minto
Guilty of Professional Misconduct, Fined | Disciplinary Committee decision delivered June 19, 2021. || RESULT: Fined | Disciplinary Committee decision delivered June 19, 2021. View PDF DECISION OF THE DISCIPLINARY COMMI…
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Paul Christopher Doroshenko
Rule 3-7.1 Consent Agreement | Summary
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Leslie, James Edward
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…
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Earl A. Ferguson
Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 31, 2021. || Reprimanded, Fined, Training Ordered | Disciplinary Committee decision delivered January 26, 2022. View PDF DECISION OF TH…
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Andrew Roman Pena
Breaches, Client Money, Dishonesty, Failures, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2011, SRA Principles 2011
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Arlean D. Moreta Beckford
Struck off, Restitution Ordered | Disciplinary Committee decision delivered January 26, 2021. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered January 13, 2021. View PDF DECISION ON SANCT…
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Arlean D. Moreta Beckford
Guilty of Professional Misconduct | Disciplinary Committee decision delivered January 13, 2021. || Struck off, Restitution Ordered | Disciplinary Committee decision delivered January 26, 2021. View PDF DECISION OF THE D…
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Geoffrey Rushton
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Zahid Khan
Breaches, Failures, Solicitors' Accounts Rules
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Gregory Stuart Saunders
Breaches, Client Money
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Sam Themis
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Maxine Barnes
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Seth Lovis
Breaches, Solicitors' Accounts Rules
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.