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discipline 30 September 2026

The duty in context

File and record retention practice

The lawyer must retain files, accounting and practice records for the prescribed periods and dispose of them and personal data only in compliance with applicable law.

23 cases 48% strike-off avg fine 15,000 2 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code SAR Rule 13.1; CCF 2.2 strong 10 cases
13.1 You must store all accounting records securely and retain these for at least six years. 2.2 You keep and maintain records to demonstrate compliance with your obligations under the SRA's regulatory arrangements.
E&W Barristers BSB Handbook rC87; rC108; rC129 strong 4 cases
rC87 ... When deciding how long records need to be kept, you will need to take into consideration various requirements, such as those of this Handbook (see, for example, Rules C108, C129 and C141), any relevant data protection law and HM Revenue and Customs. rC108 ... The records and copies should be kept for 6 years from resolution of the complaint.
Cayman Islands Legal Services Code 2026 R.4.8; R.8.2(c) strong
In accordance with P.10, a recognised law entity shall maintain appropriate document retention policies compliant with applicable law and regulations, including in respect of data privacy.
AU Solicitors Solicitors' Conduct Rules Rule 14.2 partial 3 cases
A solicitor or law practice may destroy client documents after a period of 7 years has elapsed since the completion or termination of the engagement, except where there are client instructions or legal obligations to the contrary.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch9 — Retention or destruction of files strong
a solicitor should ensure that all files, documents, and other records are retained for appropriate periods and in compliance with GDPR requirements... once the appropriate period has elapsed, personal data relating to clients or others should not be retained longer than necessary.
IE Barristers Bar Code of Conduct Rule 3.7(d) partial
In so far as it may be necessary to keep copy pleadings, advices, or other documents, Barristers have a duty to ensure the security and confidentiality of such documents. Any matter stored in electronic form should enjoy a proper level of encryption.
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.1.10 strong
All files or records of any material matter shall be retained by a member's firm... for at least 11 years from the last material entry on the file/record and shall not then be destroyed unless it is reasonable to do so in the circumstances. In any event, members may destroy files and records, other than original documents... after 20 years.
ON Lawyers LSO Rules of Prof. Conduct no clear equivalent
BC Lawyers BC Code no clear equivalent
NZ Lawyers Conduct & Client Care Rules no clear equivalent
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Anti-Money Laundering appendix (Principle 8.01) para 3 partial
the period for which the records are to be retained is to be the same as that for closed files namely:- (a) conveyancing matters – 15 years (b) tenancy matters – 7 years (c) other matters, except criminal cases – 7 years; and (d) criminal cases – 3 years from expiration of any appeal period.
HK Barristers Bar Code of Conduct para 7.10 strong
It is the duty of every practising barrister to retain in his custody or control for at least 2 years from the date when the same was first made or received by the barrister, legible copies of the following documents in respect of each and every case or matter on which he has been instructed ...

Cases dealing with this duty

Clear

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

  • Matthew David McCormick
    LSC-QLD solicitor McCormick's Law 2025-08-26 rule cited

    The Respondent’s conduct identified in Charges 2 and 6 in the discipline application is proved and is found to constitute professional misconduct.

    Struck off 2 PDFs View decision
  • Law and Lawyers Limited; Francis Mathew
    SDT solicitor 12581/2024 2025-01-22 rule cited

    Breaches, Code of Conduct 2011, Solicitors Accounts Rules 2019

    Fine 1 PDF View decision
  • Chen, Shan
    OLSC solicitor Chen Shan Legal Group Pty Ltd 2023-07-20 rule cited

    The Solicitor failed to act on a client’s direction to transfer files, in breach of Rule 14.1.2 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015. The Solicitor failed to disburse trust monie…

    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
  • James Borbor Allie
    SDT solicitor 12309/2022 2022-06-29 rule cited

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Keisha Hackett
    SDT solicitor 11969/2019 2019-01-01 rule cited

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Tamika Kahlilah Spencer
    GLC attorney 189 of 2017 2018-09-15 found breached

    Fined | Disciplinary Committee decision delivered September 15, 2018. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 189/2017 IN THE MATTER OF GENERAL LEGAL COUNCIL (ALLAN…

    Fined 1 PDF View decision
  • Charles Alcides Pullar Ganga-Singh
    GLC attorney 80 of 2014 2018-09-15 found breached

    Fined | Disciplinary Committee decision delivered September 15, 2018. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 80/2014 IN THE MATTER OF GENERAL LEGAL COUNCIL (HILARY…

    Fined 1 PDF View decision
  • Courtney Akinwale Kazembe
    GLC attorney 139 of 2017 2018-09-15 found breached

    Fined | Disciplinary Committee decision delivered September 15, 2018. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 139/2017 IN THE MATTER OF GENERAL LEGAL COUNCIL (ALLAN…

    Fined 1 PDF View decision
  • Leonie Marie Campbell
    GLC attorney 167 of 2017 2018-05-19 found breached

    Fined | Disciplinary Committee decision delivered May 19, 2018. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 167/2017 IN THE MATTER OF GENERAL LEGAL COUNCIL (RICHARD AYO…

    Fined 1 PDF View decision
  • Arnaldo Alphanso Brown
    GLC attorney 136 of 2017 2018-04-14 found breached

    Fined | Disciplinary Committee decision delivered April 14, 2018. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 136/2017 IN THE MATTER OF GENERAL LEGAL COUNCIL (ALLAN WOO…

    Fined 1 PDF View decision
  • Ellen Yee-Man Windsor
    SDT solicitor 11808/2018 2018-01-01 rule cited

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Chad Everett ROWE
    LSC-QLD solicitor Rowe Lawyers Pty Ltd 2017-03-10 rule cited

    28 Charges of professional misconduct proven

    other 1 PDF View decision
  • Mimi Mankiu Luk
    LSBC lawyer 2009-04-02 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts View decision
  • Vincent Okey Udah and Others
    SDT solicitor 10126/2008 2008-01-01 found breached

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

    Strike off 1 PDF View decision
  • Stephen Benedict John Barth & Others
    SDT solicitor 10150/2008 2008-01-01 found breached

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

    Strike off 1 PDF View decision
  • E W Orie, Z Orie & 2 Others
    SDT solicitor 10059/2008 2008-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    S.43 Order (clerks), Strike off 1 PDF View decision
  • David Andrew Gatherer
    SDT solicitor 8973/2004 2004-01-01 text match

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

    Strike off 1 PDF View decision
  • Howard Neil McCartney
    SDT solicitor 8854/2003 2003-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • Carron-Ann Russell
    SDT solicitor 8374/2001 2001-01-01 text match

    Breaches, Client Money, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Julian Orr
    BTAS barrister Lincoln's Inn rule cited
    strike_off Final 2 PDFs View decision
  • Tariq Rehman
    BTAS barrister Lincoln's Inn rule cited
    strike_off appeal dismissed 1 PDF View decision
  • Mariam El-Sobky
    BTAS barrister Lincoln's Inn rule cited
    no_order Adjourned - Part Heard 1 PDF View decision
  • John Stenhouse
    BTAS barrister Lincoln's Inn rule cited
    dismissed Final 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.