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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James Dorney
In the matter of James Dorney, solicitor, practising as Dorney Solicitors, Phoenix House, Monahan Road, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal, an…
suspension View decision -
Gurusamy, Baskaran
1. Breached section 254 LPA - Certain trust money to be deposited in general trust account 2. Breached section 255 LPA - Trust money received in the form of cash 3. Breached section 260 LPA - Reporting certain irregular…
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Roy Swartzberg
Rule 4-29 Admission of Misconduct and Undertaking | Summary
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Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 25, 2019. || Suspended until Restitution Complete | Disciplinary Committee decision delivered June 22, 2019. View PDF DECISION OF THE DIS…
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Zhukovska, Myroslava
Professional Misconduct 1. Acting in a conflict of interests 2. Failure to obtain instructions before making unsecured loan from client's funds 3. Charging excessive legal costs 4. Preferring own interests to those of c…
Costs Fine Reprimand The lawyer's local practising certificate is cancelled and any new practising certificate shall not be issued before the end of 12 months from the date of these orders. $9,000.00 2 PDFs View decision -
Chegwidden, John Graham
1. Caused a deficiency in trust account 2. Breach of sections 135, 138, 144, 147, 148, 151, 154 and 192 of the Legal Profession Uniform Law (NSW) - relating to handling of trust monies 3. Breach of Rules 36, 42, 43, 44,…
Reprimand Requirement of a solicitor to successfully complete a trust accounting course within a reasonable period, or in any event within 6 months $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 -
Donovan Occonor Malcolm
Struck off, Restitution ordered | Disciplinary Committee decision delivered April 17, 2019. | Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 08, 2019. View PDF DECISION OF THE DISCIP…
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Thomas D'Alton
In the matter of Thomas D’Alton, a solicitor practising as James J Kearns & Son, Solicitors, Portumna, Co Galway, and in the matter of the Solicitors Acts 1954-2015 [2017/DT114, 2018/DT03, and High Court record 2018 no …
suspension View decision -
Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 09, 2019. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 124/2015 IN THE MATTER OF PATRICIA…
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Donovan Occonor Malcolm
Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 08, 2019. | Struck off, Restitution ordered | Disciplinary Committee decision delivered April 17, 2019. View PDF DECISION OF THE DISCIP…
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Mark Joseph O'Reilly
Guilty of professional misconduct.
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Melvi Poh Onn Tay
Guilty of professional misconduct
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Yoon, Seog Won
1. Breached section 254 LPA 2004 - Certain trust money to be deposited in a general trust account 2. Breached section 255 LPA 2004 - Holding, disbursing and accounting for trust money 3. Breached section 260 LPA 2004 - …
Costs Order recommending removal of lawyer's name from the Roll of Australian Lawyers $0.00 1 PDF View decision -
Nagle, Peter Richard
1. Borrowed money from his client - breach r 47 of the of NSW Barristers’ Rules 2014 2. Failed to disclose to his client all matters required to be disclosed in the case of a direct access retainer between a barrister a…
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Timothy Vincent Charles Meehan
Guilty of professional misconduct with respect to Charges 1 and 2
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Moya O'Donnell
In the matter of Moya O’Donnell, solicitor, practising as Moya O’Donnell & Co, Solicitors, Elm Wood Terrace, Main Street, Killybegs, Co Donegal, and Glen Road, Glenties, Co Donegal, and in the matter of the Solicitors A…
strike_off View decision -
Sean A. Clarke
Guilty of Professional Misconduct, Restitution Ordered | Disciplinary Committee decision delivered January 26, 2019. Full Screen View View Decision View Formal Order JUDGMENT OF THE DISCIPLINARY COMMITTEE OF THE GENERAL…
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Adamson, Luke Jerome
1. Breaches of section 254 LPA 2004 - Certain trust money to be deposited in general trust account 2. Breaches of section 255 LPA 2004 - Holding, disbursing and accounting for trust money 3. Breaches of section 260 LPA …
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Harold Anthony Newell
Breaches, Failures, Solicitors' Accounts Rules
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Michael Collier
Breaches, Client Money, Solicitors' Accounts Rules
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Tony Norman Guise
Breaches
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Shohaab Dar
Breaches, Failures, Solicitors' Accounts Rules
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Robert John Metcalfe
Breaches, Failures, Solicitors' Accounts Rules
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Jayanthi Reddy Saganti
Breaches, Client Money, Failures, 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.