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discipline 30 September 2026

The duty in context

Competence practice

The lawyer must provide a competent standard of work and service and must decline or not accept instructions for work beyond their competence, authorisation or available resources.

245 cases 36% strike-off avg suspension 27.2 mo avg fine 11,786 34 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 3.2 strong 79 cases
3.2 You ensure that the service you provide to clients is competent and delivered in a timely manner.
E&W Barristers BSB Handbook CD7; rC21.7; rC21.8 strong 12 cases
CD7 You must provide a competent standard of work and service to each client. rC21 You must not accept instructions ... if: ... .7 you are not authorised and/or otherwise accredited to perform the work required ...; or .8 you are not competent to handle the particular matter or otherwise do not have enough experience to handle the matter;
Cayman Islands Legal Services Code 2026 P.6; R.4.1(c)(ii) strong
Attorneys-at-law shall provide a proper standard of work and service to their clients... shall not act... if the attorney-at-law, or a recognised law entity, does not have sufficient resources or competence to deal properly with the matter
AU Solicitors Solicitors' Conduct Rules Rule 4.1.3 strong 49 cases
A solicitor must also:... 4.1.3 deliver legal services competently, diligently and as promptly as reasonably possible.
AU Barristers Uniform Barristers Rules rr21(a),5(c) partial 12 cases
A barrister must accept a brief from a solicitor to appear before a court in a field in which the barrister practises or professes to practise if: (a) the brief is within the barrister's capacity, skill and experience ... barristers ... must act honestly, fairly, skilfully and with competence and diligence.
IE Solicitors Law Society Guide Ch2 — Refusal of instructions; Proper standard of legal services: General strong
A solicitor should not accept instructions to act in a matter for which they do not have sufficient expertise, time, or adequate resources to give the necessary attention to the matter... The standard of care expected of a solicitor is that of a reasonably careful and skilful solicitor who has the relevant expertise.
IE Barristers Bar Code of Conduct Rule 2.3(f); Rule 3.21 strong
Where Barristers receive instructions which they believe to be beyond their competence they should decline to act in the matter and shall so inform the instructing solicitor without delay.
JM Attorneys Canons of Professional Ethics Canon IV; Canon IV(s) strong 77 cases
AN ATTORNEY SHALL ACT IN THE BEST INTERESTS OF HIS CLIENT AND REPRESENT HIM HONESTLY, COMPETENTLY AND ZEALOUSLY WITHIN THE BOUNDS OF THE LAW. ... [IV(s)] In the performance of his duties an Attorney shall not act with inexcusable or deplorable negligence or neglect.
JE Lawyers Law Society of Jersey Code P.6; R.1.1 c)ii) strong
Members must provide a proper standard of work and service to their clients... A member... must not act... ii) if the member, his or her employee or his or her firm do not have sufficient resources or competence to deal properly with the matter.
ON Lawyers LSO Rules of Prof. Conduct r 3.1-2; r 3.1-2 commentary [6] strong
3.1-2 A lawyer shall perform any legal services undertaken on a client's behalf to the standard of a competent lawyer. [Commentary [6]: A lawyer must recognize a task for which the lawyer lacks competence ... If consulted about such a task, the lawyer should (a) decline to act; (b) obtain the client's instructions to retain, consult, or collaborate with a licensee who is competent for that task; or (c) obtain the client's consent for the lawyer to become competent without undue delay, risk or expense to the client.]
BC Lawyers BC Code r 3.1-2 strong 5 cases
A lawyer must perform all legal services undertaken on a client's behalf to the standard of a competent lawyer.
NZ Lawyers Conduct & Client Care Rules r 3 strong
In providing regulated services to a client, a lawyer must always act competently and in a timely manner consistent with the terms of the retainer and the duty to take reasonable care.
SCO Solicitors LSS Standards of Conduct B1.10 strong 9 cases
You must only act in those matters where you are competent to do so.
SG Lawyers Professional Conduct Rules 2015 r 5 (Honesty, competence and diligence) strong 9 cases
5 Honesty, competence and diligence
HK Solicitors Solicitors' Guide Principle 6.01 / Principle 5.03 strong
A solicitor owes his client a duty to be competent to perform any legal services undertaken on the client's behalf. ... A solicitor must not act or continue to act in circumstances where he cannot represent the client with competence or diligence.
HK Barristers Bar Code of Conduct para 10.5(a) strong
He should not undertake any tasks which:- (a) he knows or ought to know he is not competent or sufficiently experienced to handle;

Cases dealing with this duty

Clear

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

  • Leon Raymond Heron
    SDT solicitor 10113/2008 2008-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Justin Mari Paul Michael Coningsby Culver
    SDT solicitor 9900/2008 2008-01-01 text match

    Breaches, Delays, Failures, Others

    Strike off 1 PDF View decision
  • Stephen Joseph HOOLIHAN
    LSC-QLD solicitor S. J. Hoolihan & Associates 2007-04-18 found breached

    Guilty of professional misconduct on 21 charges Guilty of unsatisfactory professional conduct on 3 charges

    other 1 PDF View decision
  • Bharati, Jyoti
    OLSC solicitor Bharati Solicitors 2007-01-29 text match

    Lack of competence and diligence — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $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
  • Alexander Gilmour Malcolm
    SSDT solicitor Alexander Gilmour Malcolm, Solicitor formerly of 23 Tarvit Drive, Cupar and now at 14 Melgund Place, Lochgelly, Fife 2007-01-16 text match
    strike_off No Appeal 1 PDF View decision
  • Antony Paul Raiwa
    SDT solicitor 9840/2007 2007-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Gillian Harwood
    SDT solicitor 9814/2007 2007-01-01 text match

    Others

    S.43 Order (clerks) 1 PDF View decision
  • Christopher Andrew Dudzinski
    SDT solicitor 9812/2007 2007-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Michael Lee PODMORE
    LSC-QLD solicitor Michael Podmore & Associates 2006-10-25 text match

    Guilty of professional misconduct on 10 charges

    other 2 PDFs View decision
  • David Santiago Morales
    GLC attorney 92 of 2005 2006-09-16 rule cited

    Fined | Disciplinary Committee decision delivered September 16, 2006. View PDF RULING of THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT No. 92/2005 BETWEEN HEADLEY WELLINGTON COMPLAINANT AND DAVID MORA…

    Fined 1 PDF View decision
  • J. Vernon (Jonathan) Ricketts
    GLC attorney 128 of 2005 2006-07-22 rule cited

    Struck off, Restitution Ordered | Disciplinary Committee decision delivered July 22, 2006. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT NO. 128/2005 In the Matter of FREDERICK MO…

    Struck off, Restitution Ordered 1 PDF View decision
  • Michael A. Williams
    GLC attorney 194 of 2000 2006-04-07 rule cited

    Suspended, Restitution Ordered | Disciplinary Committee decision delivered April 07, 2006. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT N0.167/04 BETWEEN DAISYNELL VERNON THE COM…

    Suspended, Restitution Ordered 1 PDF View decision
  • Paul I. Miller
    GLC attorney 150 of 2004 2006-03-11 rule cited

    Suspension/Disbarment Pending Order Fulfillment | Disciplinary Committee decision delivered March 11, 2006. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT NO: 150/2004 IN THE MATTE…

    Suspension/Disbarment Pending Order Fulfillment 1 PDF View decision
  • Ian Black
    SDT solicitor 9488/2006 2006-01-01 text match

    Delays, Failures

    Strike off 1 PDF View decision
  • Jillian Susan Blake
    SDT solicitor 9405/2006 2006-01-01 text match

    Breaches, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Marie Bernadette Smith Robinson & Humaira Rasheed
    SDT solicitor 9596/2006 2006-01-01 found breached

    Failures

    S.43 Order (clerks), Suspend - Indefinite 1 PDF View decision
  • David Alexander Farbrother
    SDT solicitor 9429/2006 2006-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Hensley Williams
    GLC attorney 182 of 2002 2005-11-19 rule cited

    Restitution Ordered | Disciplinary Committee decision delivered November 19, 2005. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINTNO. 182 OF 2002 IN THE MATTER OF BARBA…

    Restitution Ordered 1 PDF View decision
  • J. Vernon (Jonathan) Ricketts
    GLC attorney 65 of 2003 2005-09-07 rule cited

    Restitution Ordered, Conditional Suspension | Disciplinary Committee decision delivered September 07, 2005. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 65/2003 BETWEEN HORT…

    Restitution Ordered, Conditional Suspension 1 PDF View decision
  • Bharati, Jyoti
    OLSC solicitor Bharati Solicitors 2005-02-28 text match

    Incompetence — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $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
  • Bharati, Jyoti
    OLSC solicitor Bharati Solicitors 2005-02-28 text match

    Incompetence — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $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
  • Herbert W. Grant
    GLC attorney 11 of 2003 2005-02-21 rule cited

    Reprimanded | Disciplinary Committee decision delivered February 21, 2005. View PDF DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO. 11/2003 BETWEEN MARNOL LIMITED NOEL JUMPP COMPLAINANT AND HERBERT W. …

    Reprimanded 1 PDF View decision
  • Arlean D. Moreta Beckford
    GLC attorney 146 of 2002 2005-01-29 rule cited

    Fined | Disciplinary Committee decision delivered January 29, 2005. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT NO. 146/2002 IN THE MATTER OF THE COMPLAINT BY WILBE…

    Fined 1 PDF View decision
  • Peter Llewellyn Meldrum
    SDT solicitor 9226/2005 2005-01-01 text match

    Delays, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Anthony David Saunders
    SDT solicitor 9009/2004 2004-01-01 found breached

    Others

    S.43 Order (clerks) 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.