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 1,008 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 118 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 71 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 19 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
1,489 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
-
M R K Urrahman & Another
Breaches, Solicitors' Accounts Rules
-
Ranjit Kaur
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
Mahmood Ali & Montague Mason Solicitors Ltd
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
Rajesh Shah
Failures, Others, Solicitors' Accounts Rules
-
Frank Onokebhagbe Egboh
Breaches, Client Money, Failures, Solicitors' Accounts Rules
-
Mahmood Akram Khan Mirza
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
Martin Colin Nicholas Roberts
Client Money, Others
-
C H M Robson & Another
Breaches, Failures, Solicitors' Accounts Rules, Others
-
Benjamin Tubb
Breaches, Failures, Others
-
Christine Sui Fung
Client Money, Solicitors' Accounts Rules
-
Martin John Davy
Breaches, Failures
-
Philip John Hayson Waller
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
Alan Vincent Farnell
Breaches, Client Money, Solicitors' Accounts Rules
-
John Howard Caswall Fry & Another
Breaches, Client Money, Solicitors' Accounts Rules, Others
-
Mary Y P Fernando & Michael F Andrews
Client Money, Failures, Solicitors' Accounts Rules, Others
-
Paul Michael Hewitt & Another
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
-
Catherine KINCAID
Guilty of professional misconduct on 1 charge.
-
Bradfield, John Gordon
1. Breached Section 479 of the Legal Profession Act, 2004 - conduct of mortgage practices 2. Breached Section 117 of the Legal Profession Act, 1987 - conduct of mortgage practices 3. Failed to ensure that advances by va…
Immediate suspension of Practising Certificate $0.00 Receiver Appointed: Yes Receiver Appointed View decision -
Andrew Gordon Walker
Agreed Statement of Facts
Agreed Statement of Facts View decision -
J. Vernon (Jonathan) Ricketts
Struck off again, Already Struck off, Restitution Ordered, Fined | Disciplinary Committee decision delivered November 08, 2008. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. …
-
Muir, Brian Thomas Gregory
1. Breached Section 61 of the Legal Profession Act,1987 - handling of trust moneys 2. Breached Section 62 of the Legal Profession Act,1987 - keeping of trust accounts 3. Breached Section 255 of the Legal Profession Act …
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Georgette May Scott
Struck off, Restitution Ordered | Disciplinary Committee decision delivered October 14, 2008. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 181/2006 ERROL CUNNINGHAM V GEORGE…
-
Beriston Bryan
Fined, Restitution Ordered | Disciplinary Committee decision delivered October 04, 2008. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 131 OF 2003 IN THE MATTER OF A COMPLAIN…
-
James Xavier MADDEN
Guilty of unsatisfactory professional conduct on 1 charge. Guilty of professional misconduct on 5 charges.
-
Madden, Philip Macdonald
1. Failure to account to client for money received by client 2. False statement in a cross claim (x2) 3. Commencing a cross claim whilst proving unable to establish that claim 4. False statement in correspondence with a…
Conditions on Practising Certificate Costs Fine Reprimand Suspension of Practising Certificate for a period of 12 months from 31 July 2008 $7,500.00 Proceedings Instituted 1 PDF 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.