The duty in context
Safeguard documents and limit liens money
On completion or termination the lawyer must deliver up client documents and property as soon as reasonably possible, retaining or destroying files only per retention rules, and may exercise any lien only as properly permitted.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 4.2 partial 76 cases
4.2 You safeguard money and assets entrusted to you by clients and others.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC131 partial
rC131 Save where otherwise agreed: .1 you shall be entitled to copy all documents received from your lay client, and to retain such copies; .2 you shall return all documents received from your lay client on demand, whether or not you have been paid for any work done for the lay client;
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.4.2(d); R.4.3(g); R.4.8 partial
reasonable details about the recovery of unpaid costs (at the point of termination), the ownership of documents and timescales for the destruction of files and data... details of the circumstances in which the attorney-at-law or recognised law entity may be entitled to exercise a lien for unpaid fees and disbursements
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 14.1; 14.2; 15.1 strong 19 cases
14.1 ...upon completion or termination of the law practice's engagement: the client or former client... is given any client documents... as soon as reasonably possible when requested to do so by the client, unless there is an effective lien. 14.2 A solicitor or law practice may destroy client documents after a period of 7 years... 15.1 ...when a solicitor claims to exercise a lien for unpaid legal costs over client documents which are essential to the client's defence or prosecution of current proceedings...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch10 — The solicitor's lien on monies; Ch7 — The file belongs to the client strong 38 cases
A solicitor cannot exercise a lien on monies coming into the solicitor's control if the monies were sent to him for a specific purpose, such as for the payment of stamp duty. If a solicitor holds monies in the client account that are greater than the amount due to the solicitor, the exercise of the lien should be limited to the amount due... Once the fees and outlay of a solicitor have been paid, the file belongs to the 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 6.10; Rule 3.7(c)-(d) strong 38 cases
The papers in any brief or instructions delivered to a Barrister are the property of the client. Barristers have no right without the consent of the client or solicitor to lend them or reveal their contents to any person save in accordance with Rule 3.7. At the conclusion of the case Barristers should return the papers to the instructing solicitor (if there is an instructing solicitor), unless otherwise agreed.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon IV(o)(iii); Canon VII(c) strong 19 cases
[on withdrawal] (iii) delivering to the client all documents and property to which he is entitled ... [VII(c)] Nothing in these Canons shall deprive an Attorney of any recourse or right whether by way of lien, set-off, counter-claim, charge or otherwise against monies standing to the credit of a client's account maintained by that Attorney.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.1.2 e); R.1.3 h); R.1.10; G.1.33 strong
All files or records of any material matter shall be retained by a member's firm... for at least 11 years from the last material entry... a member... shall... deliver to the client all papers or property to which the client is entitled, or otherwise held to the client's order. The handing over of documents... must be in accordance with the provisions of Annex 1. The client must be advised in writing of... the ownership of documents and timescales for the destruction of files/data... and... details of the circumstances in which the member, employee or firm may be entitled to exercise a lien for unpaid fees and disbursements.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.7-9(b); r 3.5-2 commentary [2] strong
3.7-9(b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled. [3.5-2 cmt 2: the lawyer ... should, subject to any rights of lien, promptly return them to the client upon request or at the conclusion of the lawyer's retainer.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.7-9(b) strong 1 case
On discharge or withdrawal, a lawyer must, as soon as practicable: ... (b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled;
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 4.4.1 / r 4.4.2 strong
Subject to any statutory provisions to the contrary, upon changing lawyers a client has the right ... to uplift all documents, records, funds, or property held on the client's behalf. The former lawyer must act upon any written request to uplift documents without undue delay subject only to any lien that the former lawyer may claim.
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 no clear equivalent
HK Solicitors Solicitors' Guide Principle 5.23 strong
On termination a solicitor should, subject to any lien, promptly deliver to the client or his new solicitor all papers and property to which the client is entitled or hold them to his order and account for all funds of the client then held by the solicitor.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 7.13(c)(viii) partial
When no longer required, all confidential material should be disposed of securely, for example, by returning it to the person instructing the barrister, shredding papers, permanently erasing information stored electronically and securely disposing of any electronic devices which hold confidential information.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
161 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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Ciaran R Callan
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [4316/DT11/08 and Hig…
strike_off View decision -
Ciaran R Callan
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [4316/DT12/08 and Hig…
strike_off View decision -
Fergal T Kelly
In the matter of Fergal T Kelly, solicitor, of Harmony Hill, Sligo, Co Sligo, and in the matter of the Solicitors Acts 1954-2002 [9451/DT21/08 and High Court record no 2009 no 37 SA] Law Society of Ireland (applicant) F…
conditions View decision -
Michael Mooney
Notice: the High Court Record no: 2009 no 52 SA In the matter of Michael Mooney, a solicitor formerly practising under the style and title of Osborne MacGettigan & Co, Solicitors, Milford, Co Donegal and in the matter o…
strike_off View decision -
Markovski, Norma Miniano
1. Acted for Argyrios Tsantilis and Aspasie Tsantilis on a loan made to them of which they had no knowledge 2. Purporting to witness signatures of Argyrios Tsantilis and Aspasie Tsantilis on a Statutory Declaration date…
Additional Orders made by the Tribunal (see Tribunal decision) Conditions on Practising Certificate Practitioner to undertake and complete further legal education Reprimand $0.00 Proceedings Instituted 1 PDF View decision -
Mimi Mankiu Luk
Agreed Statement of Facts
Agreed Statement of Facts View decision -
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Heckenberg, Graeme Keith John
1. Failure to provide file in absence of lien 2. Acting in the face of various conflicts of interests 3. Breach of fiduciary duty 4. Acting contrary to instructions — A reasonable likelihood of a finding of unsatisfacto…
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 -
John Warner Smith & Alick Arlington Voliere
Breaches, Failures
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N A Faniyi
Failures, Others
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Adeyinka Mafe
Breaches, Failures, Others
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Barjinder Kumar Sharma
Breaches, Failures
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Neil Bashir
Breaches, Failures, Solicitors' Accounts Rules, Others
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Mohammed Shariful Islam & Another
Failures, Solicitors' Accounts Rules, Others
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Paul Michael Hewitt & Another
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
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A Fagbenle and E F Volney (pdf)
Breaches, Failures, Solicitors' Accounts Rules, Others
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Rajesh Shah
Failures, Others, Solicitors' Accounts Rules
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Robert Kenneth COCHRANE
Guilty of professional misconduct on 11 charges. Guilty of unsatisfactory professional conduct on 2 charges.
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Howard A. Lettman
Fined | Disciplinary Committee decision delivered December 13, 2008. View PDF DECISION of THE DISCIPLINARY COMMITTEE of THE GENERAL LEGAL COUNCILCOMPLAINT NO. 254/2005 In the Matter of FREDERICK CHAMBERS and HOWARD LETT…
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Michael T Petty
In the matter of Michael T Petty, a solicitor formerly of M Petty & Company, Solicitors, Parliament Street, Ennistymon, Co Clare, and in the matter of the Solicitors Acts 1954-2002 [3387/DT21/07 and High Court record no…
conditions View decision -
S Dhama & Others
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
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Thomas Ofordire Egole
Breaches, Failures, Solicitors' Accounts Rules, Others
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Omer Mohammed Ghanti
Breaches, Client Money, Failures, Others
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Alison Manning
Failures, Others
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Robert Offord
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.