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discipline 30 September 2026

The duty in context

Honour professional undertakings profession

The lawyer is personally bound to honour and perform within the agreed or a reasonable time any undertaking given, and must not give an undertaking they cannot fulfil or use one as an improper inducement.

450 cases 55% strike-off avg suspension 13.1 mo avg fine 77,603 105 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.3 strong 224 cases
1.3 You perform all undertakings given by you, and do so within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time.
E&W Barristers BSB Handbook rC11; gC33 partial 1 case
rC11 You must within an agreed timescale or within a reasonable period of time comply with any undertaking you give in the course of conducting litigation.
Cayman Islands Legal Services Code 2026 R.11.4 strong
An attorney-at-law who has given a personal undertaking to another attorney-at-law or a recognised law entity in the course of practice is personally bound by that undertaking, shall honour that undertaking and shall ensure that it is performed in a timely and effective manner, unless the attorney-at-law is clearly and unequivocally released by the recipient or the Court.
AU Solicitors Solicitors' Conduct Rules Rule 6.1 strong 92 cases
A solicitor who has given an undertaking in the course of legal practice must honour that undertaking and ensure the timely and effective performance of the undertaking, unless released by the recipient or by a court of competent jurisdiction.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch6 — Undertakings: General; General guidance on undertakings strong 84 cases
A solicitor is required to honour the terms of an undertaking as a matter of professional conduct. A breach of an undertaking is a matter of professional misconduct... An undertaking should not be given by a solicitor as an inducement to a client to secure that client's business... A solicitor who gives an undertaking that is expressed to be dependent upon the happening of a future event should notify the recipient promptly if it becomes clear that the event will not occur.
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics Canon VI(c); Canon VI(d); Canon VI(e) strong 25 cases
(c) An Attorney shall not commit a breach of an undertaking given by him to a Judge, a Court or other tribunal or an official thereof ... (d) An Attorney shall not give a professional undertaking which he cannot fulfil and shall fulfil every such undertaking which he gives.
JE Lawyers Law Society of Jersey Code R.10.4 strong
A member who has given, or whose employee has given, an undertaking to another member or the firm of another member in the course of practice is personally bound by that undertaking and must honour that undertaking and ensure that it is performed in a timely and effective manner.
ON Lawyers LSO Rules of Prof. Conduct r 7.2-11; r 5.1-6 strong
7.2-11 A lawyer shall not give an undertaking that cannot be fulfilled and shall fulfill every undertaking given and honour every trust condition once accepted. [5.1-6: A lawyer must strictly and scrupulously fulfill any undertakings given by him or her and honour any trust conditions accepted in the course of litigation.]
BC Lawyers BC Code r 7.2-11 strong 7 cases
A lawyer must: (a) not give an undertaking that cannot be fulfilled; (b) fulfill every undertaking given; and (c) honour every trust condition once accepted.
NZ Lawyers Conduct & Client Care Rules r 10.5 strong
A lawyer must honour all undertakings, whether written or oral, that the lawyer gives to any person in the course of practice.
SCO Solicitors LSS Standards of Conduct B1.14 partial 8 cases
You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.
SG Lawyers Professional Conduct Rules 2015 r 7 (Responsibilities of legal practitioners to each other) partial 6 cases
7 Responsibilities of legal practitioners to each other
HK Solicitors Solicitors' Guide Principle 14.02 / Principle 14.01 strong
A solicitor must honour the terms of a professional undertaking. ... An undertaking shall only be given by a solicitor and is binding upon him personally, and if given in the course of practice, also binds his firm. ... an undertaking should never be given unless the solicitor giving it is certain that he personally can comply with it.
HK Barristers Bar Code of Conduct para 10.4 strong
A practising barrister, while engaging in practice, must not give any undertaking that cannot be fulfilled and must fulfil every undertaking that has been given by him.

Cases dealing with this duty

Clear

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

  • Mavrakis, George John
    OLSC solicitor Mavrakis & Associates [2010] NSWADT 103 2010-04-28 found breached text match

    1. Breach of Sections 253, 254, 255 & 260 of the Legal Profession Act 2004 - relating to trust funds 2. Misappropriation of trust funds 3. Breach of Rule 12 of the Revised Professional Conduct & Practice Rules 1995 by b…

    Conditions on Practising Certificate Costs Fine Practitioner to undertake and complete further legal education Reprimand Mentoring of solicitor by Senior Solicitor $3,000.00 Proceedings Instituted 1 PDF View decision
  • Eamon P Comiskey
    LSI solicitor Ballycarnan, Portlaoise, Co Laois 2010-03-01 found breached text match

    In the matter of Eamon P Comiskey, a solicitor previously practising at Ballycarnan, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2008 [7337/DT85/09 and High Court 2010 no 13SA] Law Society of Ire…

    strike_off View decision
  • Eamon P Comiskey
    LSI solicitor Ballycarnan, Portlaoise, Co Laois 2010-03-01 found breached text match

    In the matter of Eamon P Comiskey, a solicitor previously practising at Ballycarnan, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2008 [7337/DT23/09 and High Court 2009 no 102SA] Law Society of Ir…

    strike_off View decision
  • Mee Ling, Paul Adrian
    OLSC solicitor Mee Ling [2010] NSWADT 48 2010-02-16 text match

    1. Failure to comply with an undertaking 2. Failure to comply with requirements made by an Investigator in breach of Section 671 of the Legal Profession Act 2004 — Professional Misconduct

    Additional Orders made by the Tribunal (see Tribunal decision) Costs Fine Practitioner to undertake and complete further legal education Reprimand $2,500.00 Proceedings Instituted 1 PDF View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached text match

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT90/08 and High Court record …

    strike_off View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached text match

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT18/09 and High Court record …

    strike_off View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow 2010-01-18 text match

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT39/09 and High Court record …

    strike_off View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT89/08 and High Court record …

    strike_off View decision
  • A S Sikh
    SDT solicitor 10670/2010 2010-01-01 found breached text match

    Failures, Solicitors' Accounts Rules, Others

    Fine, Strike off, Suspend - Fixed Period 1 PDF View decision
  • Joanne Grace
    SDT solicitor 10450/2010 2010-01-01 found breached text match

    Breaches, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • R M A Khan & Another
    SDT solicitor 10528/2010 2010-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • S V Koranteng
    SDT solicitor 10484/2010 2010-01-01 found breached text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Anil Bance & Davinder Singh Cheema
    SDT solicitor 10492/2010 2010-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Matthew Apau Obeng & Adeyoye Adeyemi
    SDT solicitor 10472/2010 2010-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • S Sockalingam & Others
    SDT solicitor 10599/2010 2010-01-01 found breached text match

    Failures, Solicitors' Accounts Rules, Others

    Reprimand, Strike off 1 PDF View decision
  • A Kyriacou - Y Mohammed
    SDT solicitor 10517/2010 2010-01-01 text match

    Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others

    S.43 Order (clerks), Suspend - Fixed Period 1 PDF View decision
  • Stephen Peter David Murrell
    SDT solicitor 10595/2010 2010-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Jonathan Martin Gilbert
    SDT solicitor 10532/2010 2010-01-01 found breached text match

    Breaches, Client Money, Failures

    Strike off 1 PDF View decision
  • Asabe Georgina Adeyemo
    SDT solicitor 10580/2010 2010-01-01 found breached text match

    Failures

    Strike off 1 PDF View decision
  • Simon John Holborn
    SDT solicitor 10672/2010 2010-01-01 found breached text match

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Bruce Ihionkhan Ighalo
    SDT solicitor 10614/2010 2010-01-01 found breached text match

    Breaches, Failures, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Zahid Aziz Sheikh & Another
    SDT solicitor 10556/2010 2010-01-01 found breached text match

    Breaches, Client Money, Failures, Others

    Fine, Strike off 1 PDF View decision
  • Sheila Davenport
    SDT solicitor 10477/2010 2010-01-01 found breached

    Client Money, Others

    S.43 Order (clerks) 1 PDF View decision
  • C T Weeden
    SDT solicitor 10561/2010 2010-01-01 found breached text match

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Smith, Jason Paul
    OLSC solicitor Stacks/Port Pty Ltd 2009-10-29 text match

    1. Breach of undertaking 2. Breach of Section 358 of the Legal Profession Act 2004 — A reasonable likelihood of a finding of unsatisfactory professional conduct

    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

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.