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discipline 1 October 2026

The duty in context

Honour professional undertakings profession

The lawyer is personally bound to honour and perform within the agreed or a reasonable time any undertaking given, and must not give an undertaking they cannot fulfil or use one as an improper inducement.

450 cases 55% strike-off avg suspension 13.1 mo avg fine 77,603 105 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.3 strong 224 cases
1.3 You perform all undertakings given by you, and do so within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time.
E&W Barristers BSB Handbook rC11; gC33 partial 1 case
rC11 You must within an agreed timescale or within a reasonable period of time comply with any undertaking you give in the course of conducting litigation.
Cayman Islands Legal Services Code 2026 R.11.4 strong
An attorney-at-law who has given a personal undertaking to another attorney-at-law or a recognised law entity in the course of practice is personally bound by that undertaking, shall honour that undertaking and shall ensure that it is performed in a timely and effective manner, unless the attorney-at-law is clearly and unequivocally released by the recipient or the Court.
AU Solicitors Solicitors' Conduct Rules Rule 6.1 strong 92 cases
A solicitor who has given an undertaking in the course of legal practice must honour that undertaking and ensure the timely and effective performance of the undertaking, unless released by the recipient or by a court of competent jurisdiction.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch6 — Undertakings: General; General guidance on undertakings strong 84 cases
A solicitor is required to honour the terms of an undertaking as a matter of professional conduct. A breach of an undertaking is a matter of professional misconduct... An undertaking should not be given by a solicitor as an inducement to a client to secure that client's business... A solicitor who gives an undertaking that is expressed to be dependent upon the happening of a future event should notify the recipient promptly if it becomes clear that the event will not occur.
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics Canon VI(c); Canon VI(d); Canon VI(e) strong 25 cases
(c) An Attorney shall not commit a breach of an undertaking given by him to a Judge, a Court or other tribunal or an official thereof ... (d) An Attorney shall not give a professional undertaking which he cannot fulfil and shall fulfil every such undertaking which he gives.
JE Lawyers Law Society of Jersey Code R.10.4 strong
A member who has given, or whose employee has given, an undertaking to another member or the firm of another member in the course of practice is personally bound by that undertaking and must honour that undertaking and ensure that it is performed in a timely and effective manner.
ON Lawyers LSO Rules of Prof. Conduct r 7.2-11; r 5.1-6 strong
7.2-11 A lawyer shall not give an undertaking that cannot be fulfilled and shall fulfill every undertaking given and honour every trust condition once accepted. [5.1-6: A lawyer must strictly and scrupulously fulfill any undertakings given by him or her and honour any trust conditions accepted in the course of litigation.]
BC Lawyers BC Code r 7.2-11 strong 7 cases
A lawyer must: (a) not give an undertaking that cannot be fulfilled; (b) fulfill every undertaking given; and (c) honour every trust condition once accepted.
NZ Lawyers Conduct & Client Care Rules r 10.5 strong
A lawyer must honour all undertakings, whether written or oral, that the lawyer gives to any person in the course of practice.
SCO Solicitors LSS Standards of Conduct B1.14 partial 8 cases
You must act with other regulated persons in a manner consistent with persons having mutual trust and confidence in each other.
SG Lawyers Professional Conduct Rules 2015 r 7 (Responsibilities of legal practitioners to each other) partial 6 cases
7 Responsibilities of legal practitioners to each other
HK Solicitors Solicitors' Guide Principle 14.02 / Principle 14.01 strong
A solicitor must honour the terms of a professional undertaking. ... An undertaking shall only be given by a solicitor and is binding upon him personally, and if given in the course of practice, also binds his firm. ... an undertaking should never be given unless the solicitor giving it is certain that he personally can comply with it.
HK Barristers Bar Code of Conduct para 10.4 strong
A practising barrister, while engaging in practice, must not give any undertaking that cannot be fulfilled and must fulfil every undertaking that has been given by him.

Cases dealing with this duty

Clear

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

  • Russell Sean McDonough
    LSBC lawyer 2024-01-28 text match

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • (unnamed)
    SDT solicitor 12475/2023 2023-12-14 found breached text match
    Determination of Indefinite Suspension - Granted 1 PDF View decision
  • Barbara Ledgister
    GLC attorney 111 of 2019 2023-12-06 rule cited

    Suspended | Disciplinary Committee decision delivered December 06, 2023 | Guilty of Professional Misconduct | Disciplinary Committee decision delivered June 16, 2020. View PDF DECISION ON SANCTION OF THE DISCIPLINARY CO…

    Suspended 2 PDFs View decision
  • Downey, David Kelvin
    OLSC solicitor Downeys Lawyers Pty Ltd [2023] NSWCATOD 162 2023-11-10 text match

    Failing to comply with an Undertaking — Professional Misconduct

    Costs Fine Reprimand $3,000.00 Disciplinary Action 1 PDF View decision
  • Feng, James Jianshu
    OLSC solicitor WB Legal Pty Ltd [2023] NSWCATOD 129 2023-08-30 found breached

    Ground 1: From around 1 March 2017 to 17 September 2019 the Lawyer did not comply with his trust accounting obligations and did not keep trust records in accordance with the provisions of the Legal Profession Uniform La…

    Costs Order recommending removal of lawyer's name from the Roll of Australian Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • George S Ross
    SSDT solicitor George S Ross, represented by Brodies LLP, 58 Morrison Street, Edinburgh 2023-08-22 found breached
    reprimand No Appeal 1 PDF View decision
  • Kirsten Von Wedel
    SDT solicitor 12313/2022 2023-08-09 found breached rule cited

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Witts, Michael John
    OLSC solicitor Maclarens Lawyers 2023-07-20 rule cited

    The solicitor contravened Rule 6.1 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules by breaching an undertaking given in the course of legal practice — 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
  • Nirosha Jayawardena
    SDT solicitor 12388/2022 2023-05-19 rule cited

    Breaches

    Suspend - Fixed Period 1 PDF View decision
  • Liam Prakash Kearns
    LSBC lawyer 2023-05-18 text match

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • (unnamed)
    SDT solicitor 12417/2022 2023-04-26 text match
    Restoration to the Roll - Granted 1 PDF View decision
  • Hughes, Owen Maldwyn
    OLSC solicitor (Former practice) Beesley Hughes (Manager appointed) 2023-04-03 found breached text match

    Findings made by the Federal Circuit Court of Australia in May 2019 and the Federal Court of Australia in July 2020 that Mr Hughes’ conduct towards his former employee amounted to sexual harassment, the findings, declar…

    Refusal of grant 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
  • Stephen David Jones
    SDT solicitor 12312/2022 2022-12-13 found breached text match

    Breaches, Failures

    Strike off 1 PDF View decision
  • Chilwin Chienhan Cheng
    LSBC lawyer 2022-11-28 text match

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Soophia Khan
    SDT solicitor 12323/2022 2022-09-08 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Kernaghan, Aaron Noel
    OLSC solicitor Kernaghan & Associates Pty Ltd [2022] NSWCATOD 64 2022-06-20 found breached text match

    Professional Misconduct Failed to honour an undertaking Committing various trust monies breaches concerning multiple clients and events between December 2015 and July 2016 Failed to answer a s 370 Notice Failed over a l…

    Costs Reprimand Solicitor to undertake and complete further legal education Employment and medical conditions imposed on the Solicitor’s practising certificate $0.00 Proceedings Instituted 1 PDF View decision
  • Raja Shazad Khan & Colin Anthony Goldring
    SDT solicitor 12263/2021 2022-05-27 found breached
    S.43 Order (clerks) 1 PDF View decision
  • Farr, Alison
    OLSC solicitor DIRECT2U Law 2022-04-07 text match

    Breach of Undertaking — Unsatisfactory Professional Conduct

    Practitioner to undertake and complete further legal education 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
  • Michelle Cronin
    LSI solicitor Kennedy Buildings, 24 Main Street, Tallaght Village, Dublin 24 2022-02-14 found breached text match

    In the matter of Michelle Cronin, a solicitor previously practising as Michelle Cronin Solicitors at Kennedy Buildings, 24 Main Street, Tallaght Village, Dublin 24 [2020/DT13 and High Court record 2022 no 3SA] Law Socie…

    conditions View decision
  • Alvin Gilbert Just & Devon Anthony Brown
    SDT solicitor 12322/2022 2022-01-01 found breached text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Fine, Strike off 1 PDF View decision
  • Tanya Latoya Walters Powell
    GLC attorney 176 of 2018 2021-12-03 rule cited

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered December 3, 2021. ||Restitution ordered, Fined | Disciplinary Committee decision delivered March 09, 2022 View PDF DECISION OF THE DISCIPLINA…

    Guilty of Professional Misconduct 4 PDFs View decision
  • Kumar, Avinesh Vijay
    OLSC solicitor Mas Law Australia 2021-10-07 text match

    Failing to comply with an undertaking — 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
  • Amanda Jane Rose
    LSBC lawyer 2021-09-23 found breached

    Rule 4-29 Admission and Undertaking to the Discipline Committee

    Rule 4-29 Admission and Undertaking to the Discipline Committee 1 PDF View decision
  • Lancelot A. St. Martin Cowan
    GLC attorney 39 of 2019 2021-07-10 rule cited

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 10, 2021. || RESULT: Restitution ordered | Disciplinary Committee decision delivered October 23, 2021. View PDF in Full Screen …

    Guilty of Professional Misconduct 1 PDF View decision
  • Fisher, Catherine Bridget
    OLSC solicitor [2021] NSWCATOD 73 2021-05-31 text match

    1. Breach of practising certificate condition 2. Failure to comply with undertaking to Law Society of NSW — Professional Misconduct

    Costs Reprimand $0.00 Disciplinary Action 2 PDFs 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.