The duty in context
No improper benefit, loan or bequest client
The lawyer must not procure a gift, bequest, loan or other benefit from a client beyond fair remuneration, and must ensure the client is independently advised where such a benefit is conferred.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 1.2 partial 89 cases
1.2 You do not abuse your position by taking unfair advantage of clients or others.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook gC18; gC19 partial
gC18 The following may reasonably be seen as compromising your independence in breach of Rule 8 ... .2 lending money to any such client ...; or .3 accepting any money (whether as a loan or otherwise) from any client, professional client or other intermediary, unless it is a payment for your professional services or reimbursement of expenses or of disbursements made on behalf of the client; gC19 If you are offered a gift ... you should consider carefully whether the circumstances and size of the gift would reasonably lead others to think that your independence had been compromised.
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.7.9 partial
An attorney-at-law shall ensure that any gratuitous benefit received from a client, whether monetary or non-monetary, is compliant with applicable legislation on bribery and corruption, and any other regulation applicable to attorneys-at-law and recognised law entities in respect of gifts.
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 12.2; 12.3 strong 32 cases
12.2 A solicitor must not do anything: (a) calculated to dispose a client or a third party to confer on the solicitor... any benefit in excess of the solicitor's fair and reasonable remuneration... 12.3 A solicitor must not borrow any money, nor assist an associate to borrow money, from: 12.3.1 a client of the solicitor or of the solicitor's law practice...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr46-47 strong 5 cases
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 ... A barrister must not receive any money or property by way of loan from any client, the relative of a client or a business entity ... during the course of a retainer with that client unless the ordinary business ... includes lending money.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch3 — Bequests or gifts by client to solicitor, staff or family; Borrowing money from a client strong 13 cases
Where a client intends to bequeath under their will or make a gift by deed to the solicitor drafting the will or deed, or to a partner, staff member, or member of the family of that solicitor, then the solicitor should not act and should advise the testator to consult another firm... A solicitor should not borrow money from a client unless that client is independently represented by another firm in that transaction or it is part of the business of the client to lend money.
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.6.9 strong
A member must not enter into a contract with a client, or prepare a document... by which the client confers a gratuitous benefit, whether monetary or non-monetary, on that member, a close relative or a partner or employee of that member's firm or the member's employer unless: a) the benefit or the value of the benefit so conferred is no more than the lesser of £500 or (where applicable) one half of one per cent of the client's current estimated net estate.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.4-39; r 3.4-28.1 strong
3.4-39 Unless the client is a family member of the lawyer or the lawyer's partner or associate, a lawyer must not prepare or cause to be prepared an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift. [3.4-28.1 Except for borrowing from a regulated lender or from a related person, a lawyer shall not borrow from a client.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.4-38 strong 6 cases
Unless the client is a family member of the lawyer or the lawyer's partner or associate, a lawyer must not prepare or cause to be prepared an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 5.8 / r 5.10 strong
A lawyer must not accept a gift from a client if there is a possibility of the gift being or appearing to be inconsistent with the trust and confidence reposed by the client. ... A lawyer must not draft or assist in drafting a provision of a will or other instrument under which the lawyer may take a benefit ... unless, before the execution of the will or instrument, the person concerned has taken independent advice.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct B1.8 partial 7 cases
Where you are consulted about a matter in which you have, or your practice unit has, a personal or a financial interest, the position must be made clear to the client as soon as possible.
Law Society of Scotland — Practice Rules 2011, Rule B1 (Standards of Conduct) · 2011 · archived copy · official source ↗
SG Lawyers Professional Conduct Rules 2015 r 23 (Prohibited borrowing transactions); r 24 (Purchases from client); r 25 (Gifts from client) strong 4 cases
23 Prohibited borrowing transactions; 24 Purchases from client; 25 Gifts from client
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 7.05 strong
A solicitor must tell a client who offers him a gift that the client is not obliged to give him anything. A solicitor must refuse any gift to him as a solicitor if it is significant in value unless the client is independently advised as to the gift. A solicitor must not do anything which might be construed as inviting a gift from a client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 9.5 strong
Apart from the payment of fees for professional services or reimbursement of expenses or of disbursements or of agreed interest thereon, a practising barrister must not, whether by himself or through anyone acting for and on his behalf, accept any money, whether by way of gift, loan or otherwise, from a lay client, the relative of a client or a business entity of which a client is a director, partner or manager.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
158 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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Christopher Roy Penty
Agreed Statement of Facts | Summary
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Feerick, Thomas Gerard
1. Misappropriation of trust money 2. Acted in a conflict of interest 3. Borrowing from a client 4. Obstruct trust account investigator — Professional Misconduct
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Michael Hanrahan
In the matter of Michael Hanrahan, solicitor, formerly practising as Michael Hanrahan at 43 Lower Main Street, Dungarvan, Co Waterford, and in the matter of the Solicitors Acts 1954-2011 [2930/DT153/13 and High Court re…
strike_off View decision -
Tyrone Anthony Joseph Walker
Criminal Convictions
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Sarah Anne Hemmings
Breaches, Failures
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Robert Leslie Perry
Breaches
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Ginges, Hal Jon
1. Borrowing money from clients 2. Withdrawing trust money for legal costs without authority — Professional Misconduct
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Searle, Deborah Jean
1. Breach of Section 255 of the LPA 2004 - disbursing trust money without authority 2. Breach of Rule 12.3 of the Solicitors Rules 2013 - borrowing funds from clients 3. Breach of Section 256 of the LPA 2004 - failing t…
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Charles Edward Robert Christian Rhodes
Breaches, Solicitors' Accounts Rules
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David Christopher James Barr
Breaches, Client Money, Solicitors' Accounts Rules
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David Grant
Breaches, Client Money, Criminal Convictions, Solicitors' Accounts Rules
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Richard Noel Sedgley
Breaches, Failures, Solicitors' Accounts Rules
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Neil Richard Bolton
Criminal Convictions
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Vaughan, Michael John
1. Borrowing from client 2. Attempting to mislead the Law Society 3. Taking trust money without authority — Professional Misconduct
Costs Fine Reprimand Must within 8 months complete and pass a course in Ethics approved by the Law Society of NSW Must within 8 months complete and pass a course in Trust Accounting approved by the Law Society of NSW $20,000.00 Proceedings Instituted 1 PDF View decision -
Breeze, Matthew Christopher
1. Engaged in misleading conduct by knowingly making false statements to a bank in a loan application that the primary purpose of the loan was investment and on settlement the property would be leased; 2. Engaged in mis…
Additional Orders made by the Tribunal (see Tribunal decision) Costs Reprimand $0.00 Proceedings Instituted 1 PDF View decision -
Graves (now also known as Breeze), Heather Margaret
1. Engaged in misleading conduct by knowingly making false statements to a bank in a loan application that the primary purpose of the loan was investment and on settlement the property would be leased; and 2. Engaged in…
Additional Orders made by the Tribunal (see Tribunal decision) Costs Reprimand $0.00 Proceedings Instituted 1 PDF View decision -
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Martin, Cameron David Charles
1. Misappropriation 2. Unauthorised transfer of trust money 3. Breach of Rule 12 Solicitors Rules - Borrowing from a client — Professional Misconduct
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Kevin O'Keeffe
In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA] …
conditions View decision -
Anthony Reece Whitwell
Breaches
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Simon Michael Armitage
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Robert Henry Crossland Flynn Crossland Flynn
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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John Randall Slade
Breaches, Client Money, 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.