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discipline 1 October 2026

The duty in context

No baseless or threatened misconduct report profession

The lawyer must not make or threaten a professional-misconduct allegation or report without a genuine, reasonably held and bona fide belief that it applies.

522 cases 43% strike-off avg suspension 11.5 mo avg fine 57,181 193 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook rC67 strong 50 cases
rC67 You must never make, or threaten to make, a report under Rule rC66 without a genuine and reasonably held belief that Rule rC66 applies.
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 32.1 strong 196 cases
A solicitor must not make an allegation against another Australian legal practitioner of unsatisfactory professional conduct or professional misconduct unless the allegation is made bona fide and the solicitor believes on reasonable grounds that available material by which the allegation could be supported provides a proper basis for it.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide no clear equivalent
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code no clear equivalent
ON Lawyers LSO Rules of Prof. Conduct r 3.2-5(b); r 7.1-3 commentary [1] partial
3.2-5 A lawyer shall not, in an attempt to gain a benefit for a client, threaten, or advise a client to threaten, without reasonable and lawful justification ... (b) to make a complaint to a regulatory authority. [7.1-3 commentary [1]: In all cases, the report must be made without malice or ulterior motive. 3.2-5 commentary [1]: It is an abuse of the process of a court or, ordinarily, a regulatory authority to threaten to make or advance a charge or complaint in order to secure the satisfaction of a private grievance.]
BC Lawyers BC Code r 7.1-3, commentary [2] partial 41 cases
Nothing in this paragraph is meant to interfere with the lawyer-client relationship. In all cases, the report must be made without malice or ulterior motive.
NZ Lawyers Conduct & Client Care Rules r 2.10 strong
A lawyer must not use, or threaten to use, the complaints or disciplinary process for an improper purpose.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 29 (Allegations against another legal practitioner) partial 11 cases
29 Allegations against another legal practitioner
HK Solicitors Solicitors' Guide no clear equivalent
HK Barristers Bar Code of Conduct para 10.50 partial
A practising barrister shall not make any allegation of misconduct or dishonesty against another barrister unless such allegation is supported by reasonably credible evidence.

Cases dealing with this duty

Clear

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

  • Berwick, John Patrick
    OLSC barrister [2016] NSWCATOD 81 2016-06-23 found breached

    Professional Misconduct: Practitioner received two payments of trust money from his (then) client in June and July 2012 in contravention of section 252 LPA 2004 by depositing those monies into a mortgage account before …

    Costs Reprimand Undertaking, to be filed in the Tribunal, that he will not apply for a practising certificate as a barrister or as a solicitor in any jurisdiction at any time in the future Ordered to pay compensation in the amount of $25,000 (NSWCATOD 06.09.2017) $0.00 Proceedings Instituted 3 PDFs View decision
  • Yawar Shah
    BTAS barrister Lincoln's Inn 2016-06-14 found breached
    strike_off Final 1 PDF View decision
  • MANRAJ SINGH KHOSA
    LPBWA lawyer Suite C1 58 Newcastle Street PERTH WA 6000 Legal Profession Complaints Committee v Khosa [2015] WASAT 107 (S) 2016-05-16 found breached

    Suspended

    Suspended 2 PDFs View decision
  • Habib Abraham MELLICK
    LSC-QLD solicitor Mellick Smith and Associates 2016-04-14 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Paul Michael VOLL
    LSC-QLD solicitor Not practising 2016-03-09 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • John Urquhart
    SSDT solicitor John Urquhart, solicitor, residing at 35 Back Dykes, East Wemyss, Kirkcaldy 2016-02-16 found breached
    strike_off No Appeal 1 PDF View decision
  • Warren Lance ROSEN
    LSC-QLD solicitor Rosen Lawyers 2016-02-05 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Andrew Christopher Aitchison
    SDT solicitor 11496/2016 2016-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Victoria Emma Craig
    SDT solicitor 11519/2016 2016-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Christopher Charles Edward Hayes
    SDT solicitor 11514/2016 2016-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • CAROL PENN
    LPBWA lawyer PO Box 153 MIRRABOOKA WA 6941 VR 18 of 2015 2015-12-18 found breached

    Professional Misconduct

    Professional Misconduct 1 PDF View decision
  • Sue Machelle JOHNSTON
    LSC-QLD solicitor SJ Law 2015-12-15 found breached

    Guilty of professional misconduct on 9 charges. Guilty of unsatisfactory professional misconduct on 2 charges.

    other 1 PDF View decision
  • Karl SCOTT
    LSC-QLD solicitor N/A 2015-10-12 found breached

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • David Masao Saito
    LSBC lawyer 2015-09-24 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts 1 PDF View decision
  • MANRAJ SINGH KHOSA
    LPBWA lawyer Suite C1 58 Newcastle Street PERTH WA 6000 Legal Profession Complaints Committee v Khosa [2015] WASAT 2015-09-23 found breached

    Professional Misconduct

    Professional Misconduct 2 PDFs View decision
  • Peter Curtiss BEVAN
    LSC-QLD solicitor Bevan & Griffin 2015-07-30 found breached

    Guilty of professional misconduct on 1 charge

    other 1 PDF View decision
  • William James PETSCHLER
    LSC-QLD solicitor Bill Petschler Lawyers 2015-07-22 found breached

    Guilty of unsatisfactory professional conduct on 2 charges. Guilty of professional misconduct on 8 charges.

    other 1 PDF View decision
  • Nasr, Joe
    OLSC solicitor CPC Lawyers [2015] NSWCATOD 70 2015-07-10 found breached

    Ground 1: Misappropriation of trust money Ground 2: Breach of section 258 LPA 2004 - dealing with trust money received in the form of cash Ground 3: Failure to comply with section 671 LPA 2004 - failure to comply with i…

    Conditions on Practising Certificate Reprimand $0.00 Proceedings Instituted 1 PDF View decision
  • Fiona Jayne FYFE
    LSC-QLD solicitor Not practising 2015-07-07 found breached

    Guilty of professional misconduct on 4 charges

    other 1 PDF View decision
  • Michael Dermott YARWOOD
    LSC-QLD solicitor Not practising 2015-06-12 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Michael John WRIGHT
    LSC-QLD solicitor Wrightway Legal 2015-05-20 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Donald Alexander Gittens
    GLC attorney 8 of 2013 2015-04-22 found breached

    Reprimanded | Disciplinary Committee decision delivered April 22, 2015. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 8/2013 IN THE MATTER OF INDRA BAHADUR and DONALD GITTENS…

    Reprimanded 1 PDF View decision
  • Gail Susan HINSCHEN
    LSC-QLD solicitor Hinschen Lawyers 2015-04-22 found breached

    Guilty of professional misconduct on 1 charge. Guilty of unsatisfactory professional conduct on 1 charge.

    other 1 PDF View decision
  • Manjit Singh s/o Kirpal Singh
    SG-DT lawyer Manjit Govind & Partners 2015-04-13 found breached
    Struck off the roll with immediate effect 1 PDF View decision
  • Ian Wakeham BARTELS
    LSC-QLD solicitor Ian W Bartels and Associates 2015-02-25 found breached

    Guilty of professional misconduct on 1 charge.

    other 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.