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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

  • Jermaine Ryan Simms
    GLC attorney 48 of 2009 2017-10-12 found breached

    Restitution Ordered | Disciplinary Committee decision delivered October 12, 2017. View PDF View Decision SANCTION DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 48/2009 IN THE MATTER O…

    Restitution Ordered 1 PDF View decision
  • David Grant Rattray
    SSDT solicitor David Grant Rattray, 36 Alma Street, Falkirk 2017-10-04 found breached
    strike_off No Appeal 1 PDF View decision
  • William Walls
    SSDT solicitor William Walls, 1 Muir Gardens, St Andrews 2017-10-04 found breached
    strike_off No Appeal 1 PDF View decision
  • Christopher Roy Penty
    LSBC lawyer 2017-09-28 found breached

    Agreed Statement of Facts | Summary

    Agreed Statement of Facts | Summary 1 PDF View decision
  • Jermaine Ryan Simms
    GLC attorney 48 of 2009 2017-09-21 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 21, 2017. View PDF View Sanction DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 48/2009 IN THE M…

    Guilty of Professional Misconduct 1 PDF View decision
  • Berger, Victor
    OLSC solicitor Milne Berry & Berger [2017] NSWCATOD 137 2017-09-21 found breached

    1. Failure to make costs disclosure to clients 2. Breach undertakings to Legal Services Commissioner 3. Purporting to act under power of attorney after donor of power died 4. Purporting to act as exectuor when no grant …

    Costs Removal of lawyer's name from the Roll of Local Lawyers $0.00 Appeal Status: Dismissed Appeal Decision 3 PDFs View decision
  • Barry Murphy
    LSI solicitor Eugene Carey & Company, Solicitors, Courthouse Chambers, Mallow, Co Cork 2017-07-24 found breached text match

    In the matter of Barry Murphy, a solicitor formerly practising as Eugene Carey & Company, Solicitors, Courthouse Chambers, Mallow, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [12724/DT90/16 and High Cour…

    strike_off View decision
  • Michael O’Neill
    LSI solicitor Kingscourt, 33 South Main Street, Naas, Co Kildare 2017-07-17 found breached

    In the matter of Michael O’Neill, a solicitor previously practising as Michael O’Neill at Kingscourt, 33 South Main Street, Naas, Co Kildare, and in the matter of the Solicitors Acts 1954-2011 [2842/DT71/15; 2842/DT79/1…

    strike_off View decision
  • Daniel (Donal) Downes
    LSI solicitor O’Dea & Company, Solicitors, 1st floor, Hardiman House, Eyre Square, Galway 2017-07-10 found breached

    In the matter of Daniel (Donal) Downes, a solicitor formerly practising as O’Dea & Company, Solicitors, 1st floor, Hardiman House, Eyre Square, Galway, and in the matter of the Solicitors Acts 1954-2011 [4298/DT46/14; 4…

    strike_off View decision
  • Michael Thomas McSherry
    SSDT solicitor Michael Thomas McSherry, Solicitor, 51 Morven Road, Bearsden, Glasgow 2017-06-27 found breached
    strike_off No Appeal 1 PDF View decision
  • Graceann Marie Cameron
    GLC attorney 113 of 2015 2017-05-27 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 27, 2017. || Struck off, Restitution ordered | Disciplinary Committee decision delivered July 22, 2017. View PDF DECISION OF THE DISCIPLI…

    Guilty of Professional Misconduct 1 PDF View decision
  • Andrew G Morrow
    LSI solicitor David Wilson and Company, Raphoe, Lifford, Co. Donegal 2017-05-24 found breached

    In the matter of Andrew G Morrow, solicitor, formerly practising as David Wilson & Co, Solicitors, Raphoe, Lifford, Co Donegal, and in the matter of an application by the Law Society of Ireland to the Solicitors Discipl…

    conditions View decision
  • Richard D. Bonner
    GLC attorney 97 of 2014 2017-04-28 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered April 28, 2017. || Struck off | Disciplinary Committee decision delivered June 05, 2017. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF T…

    Guilty of Professional Misconduct 1 PDF View decision
  • Russell William Tracy BIDDLE
    LSC-QLD solicitor Biddle Lawyers 2017-04-27 found breached

    Professional misconduct (theft of a total of $1,821,230.59 from two of his clients' estates)

    other 1 PDF View decision
  • Beazley, Philip James
    OLSC solicitor Beazley Boorman Lawyers [2017] NSWCATOD 35 2017-03-15 found breached

    Professional Misconduct: 1. Breach section 67 LPA 2004 - not notifying a show cause event 2. Failure to honour undertaking 3. Breach of section 254 LPA 2004 - failure to deposit trust money in a trust account 4. Breach …

    Costs Fine Reprimand $6,000.00 Proceedings Instituted 1 PDF View decision
  • David Herlihy
    LSI solicitor David Herlihy, Solicitors, Lord Edward Street, Kilmallock, Co Limerick 2017-03-10 found breached

    In the matter of David Herlihy, solicitor, formerly practising as principal of David Herlihy, Solicitors, Lord Edward Street, Kilmallock, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [9286/DT90/15 and…

    strike_off View decision
  • Harold C. Brady
    GLC attorney 78 of 2015 2017-02-25 found breached

    Finding of Professional Misconduct | Disciplinary Committee decision delivered February 25, 2017. | Struck off, Restitution ordered - March 4, 2017 View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL CO…

    Finding of Professional Misconduct 1 PDF View decision
  • Rajesh Babajee
    BTAS barrister Middle Temple 2017-02-16 found breached
    strike_off Final 1 PDF View decision
  • John Gerard O'Donnell
    SSDT solicitor John Gerard O’Donnell, formerly of 14 Winton Drive, Glasgow and now residing at Flat 1/2, 322 Kelvindale Road, Glasgow 2017-02-15 found breached
    strike_off No Appeal 4 PDFs View decision
  • Gregory M.D. Lopez
    GLC attorney 1 of 2015 2017-02-04 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered February 04, 2017 || Struck off | Disciplinary Committee decision delivered March 25, 2017 View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF…

    Guilty of Professional Misconduct 1 PDF View decision
  • Michael Hanrahan
    LSI solicitor 43 Lower Main Street, Dungarvan, Co Waterford 2017-01-23 found breached

    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
  • Patrick Stephen Alexander Copinger
    SSDT solicitor Patrick Stephen Alexander Copinger, Kirk House, 33 Miller Avenue, Wick, Caithness 2017-01-13 found breached
    dismissed Appeal Concluded 1 PDF View decision
  • Andrew John Peters
    SDT solicitor 11746/2017 2017-01-01 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • John Martin Gao
    SDT solicitor 11735/2017 2017-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • John Richard Killington
    SDT solicitor 11719/2017 2017-01-01 found breached

    Breaches

    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.