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discipline 30 September 2026

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.

1,489 cases 67% strike-off avg suspension 21.4 mo avg fine 50,037 794 with dishonesty finding

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.
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.
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.
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.
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.
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.]
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.
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.
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
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.
HK Barristers Bar Code of Conduct no clear equivalent

Cases dealing with this duty

Clear

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

  • Simon Kennedy Duncan
    SSDT solicitor Simon Kennedy Duncan, Solicitor, Flat G/L, 603 Clarkston Road, Glasgow 2023-06-02 found breached
    conditions No Appeal 6 PDFs View decision
  • Yoo, Nicole
    OLSC solicitor Alford, Lee & Associates Pty Ltd 2023-06-01 found breached

    Solicitor released a deposit without authority or direction of the client in contravention of s138 of the Legal Profession Uniform Law (LPUL) Breaches of rules 4 and 5 of the Legal Profession Uniform Law Australian Soli…

    Reprimand Solicitor to undertake and complete further legal education $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
  • Anthony Louis Shiau
    LSBC lawyer 2023-05-29 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Altaf Husen Bhurawala
    SDT solicitor 12416/2022 2023-05-16 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • James Huxtable
    SDT solicitor 12414/2022 2023-05-11 found breached rule cited

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Khushpal Singh Taunk
    LSBC lawyer 2023-05-11 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Christopher Michael Bilmes
    SDT solicitor 12285/2021 2023-04-06 found breached text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Patrick Delaney
    LSI solicitor 2023-03-30 found breached

    In the matter of Patrick Delaney, a solicitor previously practising as Patrick Delaney, Solicitors, Parkside House, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015 [ 2019/DT52 and 2020/DT08 an…

    strike_off View decision
  • Darren Stapleford
    BTAS barrister Inner Temple 2023-03-09 found breached
    strike_off Final 2 PDFs View decision
  • Uyiosasere On Obaseki
    SDT solicitor 12371/2022 2023-02-27 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Randle Wayne Howarth
    LSBC lawyer 2023-02-23 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Edward Richard Foster & Robert James Newman & Rashpal Kaur
    SDT solicitor 12350/2022 2023-01-10 found breached text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Fine, Strike off, Suspend - Fixed Period 1 PDF View decision
  • Analiza Abella Kjaer
    SDT solicitor 12367/2022 2022-12-22 rule cited

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Green, Barbara Ann
    OLSC solicitor Hermann & Green [2022] NSWCA 257 2022-12-14 found breached

    On 27 July 2020, the Respondent was convicted in the District Court of New South Wales for dishonestly obtaining financial advantage by deception contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW) and was sentenced t…

    Costs Removal of lawyer’s name from the Roll of Australian lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • James Thomas Haigh
    SDT solicitor 12357/2022 2022-12-09 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Carleen McFarlane
    GLC attorney 2022-12-09 found breached

    Appeal dismissed, GLC Disciplinary Committee Decision Affirmed | Court of Appeal decision delivered December 09, 2022. View PDF in Full Screen …

    Appeal dismissed, GLC Disciplinary Committee Decision Affirmed 1 PDF View decision
  • Desmond William Donoghue (2)
    SSDT solicitor Desmond William Donoghue, 1F2, 408 Morningside Road, Edinburgh 2022-12-02 found breached
    conditions No Appeal 2 PDFs View decision
  • Chilwin Chienhan Cheng
    LSBC lawyer 2022-11-28 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Gregory M.D. Lopez
    GLC attorney 2 of 2017 2022-11-25 found breached

    Appeal dismissed, GLC Disciplinary Committee Decision Affirmed | Court of Appeal decision delivered November 25, 2022. View PDF in Full Screen …

    Appeal dismissed, GLC Disciplinary Committee Decision Affirmed 1 PDF View decision
  • Sukpreet Shawn Singh Samra
    LSBC lawyer 2022-11-23 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Gail Enright
    LSI solicitor 2022-11-21 found breached

    In the matter of Gail Enright, a solicitor formerly practising in Michael Enright & Co, Solicitors, 28 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2015 [2018/DT85 and High Court record 2022/198SA] La…

    strike_off View decision
  • Gail Enright
    LSI solicitor Michael Enright & Company Solicitors 28 South Mall, Cork 2022-11-21 found breached

    In the matter of Gail Enright, a solicitor formerly practising in Michael Enright & Co, Solicitors, 28 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2015 [2018/DT85 and High Court record 2022/198SA] La…

  • Paul Otto De Lange
    LSBC lawyer 2022-11-07 found breached

    Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee

    Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee 1 PDF View decision
  • Terepo, Sesilia Fehoko
    OLSC solicitor LMJ Lawyers [2022] NSWCA 210 2022-10-25 found breached

    Misappropriated the sum of $850 withdrawn in cash on 9 December 2014 (Cash Withdrawal) from the trust account of her former law practice LMJ Lawyers (Law Practice); Caused a deficiency in the trust account of her Law Pr…

    1. Not be permitted to apply for a new practising certificate unless the following condition is satisfied: (a) Must, at her own expense, undertake, complete and pass (achieving a pass mark of not less than 70% or equivalent as approved by the Director, Legal Regulation of the Law Society (Director) acting reasonably) the Ethics component of the Practical Legal Training course conducted by the College of Law and the Trust Account component of the Practice Management course conducted by the Law Society of NSW (or such other course(s) as may be approved by the Director acting reasonably). (b) Is to provide to the Director the original result notification from the provider/s of those courses. $0.00 Proceedings Instituted 1 PDF View decision
  • Brian Sarney
    SDT solicitor 12339/2022 2022-10-06 found breached rule cited

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 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.