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
-
H S Fernando & P Rajoo
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
J W Smith, M Rahman & Others
Breaches, Failures, Solicitors' Accounts Rules
-
Stephen Kojo Baidoe-Ansah
Breaches, Failures, Solicitors' Accounts Rules, Others
-
Muhammad Iqbal
Client Money, Solicitors' Accounts Rules, Others
-
Anal Sheikh
Client Money, Failures, Solicitors' Accounts Rules, Others
-
Mojisola Adetokunbo Adesola Kareem
Breaches, Client Money, Failures, Solicitors' Accounts Rules
-
John Rhys Davies
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
James Michael Hill
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
Sharon Baseley
Others
-
Malcolm S Graham & Wendy K Ostell
Breaches, Failures, Solicitors' Accounts Rules, Others
-
Timothy John Chapman
Breaches, Client Money, Others
-
J C Barber & G H Cartain
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
-
-
NINO DE PARDO
Struck Off the Roll of Practitioners
-
NINO DE PARDO
Illegal and Unsatisfactory Conduct and Suspended
-
Damianos, Michael Anthony (Aka Michael Anthony)
1. Wilfully breached Section 61 of the Legal Profession Act,1987 - handling of trust monies 2. Without his clients' authority or knowledge, used security documents held by him on their behalf to obtain an advance of mon…
Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision -
Gray, Roger Winchester
1. Breached Section 61(3)(b) Legal Profession Act. 1987 - handling of trust moneys 2. Breached Clause 78 Legal Profession Regulation 2002 - 3. Breached Section 261(1)(b) Legal Profession Act, 2004 - dealing with trust m…
Suspension of Practising Certificate $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 -
Derrick J. Darby
Restitution Ordered | Disciplinary Committee decision delivered June 20, 2007. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT No. 45/2003 IN THE MATTER of the complaint by DOREEN M…
-
Michael Geoffrey JOHNSTON
Guilty of professional misconduct on 8 charges
-
Stephen Joseph HOOLIHAN
Guilty of professional misconduct on 21 charges Guilty of unsatisfactory professional conduct on 3 charges
-
Levick, Wayne Ronald
Professional Misconduct: 1. The solicitor wilfully breached s.61 of the Legal Profession Act 1987 - handling of trust monies 2. The solicitor wilfully breached s.62 of the Legal Profession Act 1987 - keeping of trust ac…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
-
-
Vosnakis, Joseph Con
1. Failure to comply with a Notice under Section 152 of the Legal Profession Act 1987 2. Borrowed from clients in breach of Rule 12 of the Professional Conduct & Practice Rules 3. Failed to document the loans from clien…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
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 …
Suspension of Practising Certificate $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
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.