§ discipline

Protect capacity and vulnerable clients client

The lawyer must satisfy themselves of the client's capacity to instruct, owe vulnerable clients a special duty of care, and refuse instructions given under duress or undue influence.

34 cases 41% strike-off avg suspension 34.5 mo

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 3.4; CCS 3.1 partial 21 cases
3.4 You consider and take account of your client's attributes, needs and circumstances. 3.1 ... If you have reason to suspect that the instructions do not represent your client's wishes, you do not act unless you have satisfied yourself that they do.

SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗

E&W Barristers BSB Handbook oC14; gC41; gC71 partial 1 case
oC14 Care is given to ensure that the interests of vulnerable clients are taken into account and their needs are met. gC41 ... You should also try to avoid any unnecessary distress for your client. This is particularly important where you are dealing with a vulnerable client. gC71 Competency and experience under Rule rC21.8 includes your ability to work with vulnerable clients.

BSB Handbook · current · archived copy · official source ↗

Cayman Islands Legal Services Code 2026 R.4.1(c)(iv); R.4.1(c)(v) strong
if the attorney-at-law knows or has reasonable grounds to believe that the instructions are given by a client who is under duress or undue influence; if the attorney-at-law knows or has reasonable grounds to believe that the instructions are given by a client who is vulnerable

Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy

AU Solicitors Solicitors' Conduct Rules Rules 8.1; 34.2 partial 5 cases
8.1 A solicitor must only accept and follow a client's lawful, proper and competent instructions. 34.2 ...the solicitor must not seek instructions for the provision of legal services in a manner likely to oppress or harass a person who, by reason of some recent trauma or injury, or other circumstances, is... at a significant disadvantage in dealing with the solicitor at the time when the instructions are sought.

Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗

AU Barristers Uniform Barristers Rules r46 partial 1 case
A barrister must not in any dealings with a client exercise any undue influence intended to dispose the client to benefit the barrister in excess of the barrister's fair remuneration for the legal services provided to the client.

Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗

IE Solicitors Law Society Guide Ch2 — Client lacking mental capacity; Duress or undue influence strong
A solicitor should satisfy themselves about a client's capacity to give instructions if they have any doubts about their client's capacity... A solicitor should not accept instructions that they suspect have been given by a client under duress or undue influence.

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 no clear equivalent
JE Lawyers Law Society of Jersey Code R.1.1 c)iv)-v) strong
A member... must not act... iv) if he or she knows or has reasonable grounds to believe that the instructions are given by a client who is under duress or undue influence; v) if he or she knows or has reasonable grounds to believe that the instructions are given by a client who is vulnerable unless... he or she is satisfied that the instructions represent the client's wishes and that the client understands the consequences of those instructions.

Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗

ON Lawyers LSO Rules of Prof. Conduct r 3.2-9 strong
When a client's ability to make decisions is impaired because of minority, mental disability, or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal lawyer and client relationship.

Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗

BC Lawyers BC Code r 3.2-9 strong 3 cases
When a client's ability to make decisions is impaired because of minority or mental disability, or for some other reason, the lawyer must, as far as reasonably possible, maintain a normal lawyer and client relationship.

Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗

NZ Lawyers Conduct & Client Care Rules r 8.4(c) / r 3.7(c) partial
A lawyer may disclose confidential information ... where ... (c) it is necessary to protect the interests of the client in circumstances where, due to incapacity, the client is unable effectively to protect his or her own interests;

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 5.04 / Principle 5.01 Commentary 4 strong
A solicitor must not continue to act where he suspects after reasonable enquiry that his instructions have been given by a client under duress or undue influence. ... A solicitor cannot be retained by a prospective client who does not have mental capacity. ... Particular care may need to be taken where clients are elderly or otherwise vulnerable to pressure from others.

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

Clear

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

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.