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discipline 1 October 2026

The duty in context

Non-discriminatory acceptance and cab-rank client

The lawyer must not unfairly refuse or withhold services on objectionable grounds and, where a cab-rank principle applies, must accept proper instructions in their field irrespective of the client, case or funding.

446 cases 75% strike-off avg suspension 18.5 mo avg fine 30,488 280 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.1 partial 418 cases
1.1 You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services.
E&W Barristers BSB Handbook rC28; rC29 strong 5 cases
rC28 You must not withhold your services or permit your services to be withheld: .1 on the ground that the nature of the case is objectionable to you or to any section of the public; rC29 ... you must, subject to Rule rC30 below, accept the instructions addressed specifically to you, irrespective of: .a the identity of the client; .b the nature of the case ...; .c whether the client is paying privately or is publicly funded; and .d any belief or opinion which you may have formed ...
Cayman Islands Legal Services Code 2026 R.4.1(a); R.4.1(b) partial
is free to decide whether to accept instructions from a client other than where an attorney-at-law is appointed to act under legal aid... shall not do anything to compromise or impair a person's freedom of choice in placing instructions for legal services
AU Solicitors Solicitors' Conduct Rules Rule 42.1 partial 13 cases
A solicitor must not in the course of, or in connection with, legal practice or their profession, engage in conduct which constitutes: 42.1.1 discrimination, 42.1.2 sexual harassment, or 42.1.3 any other form of harassment, or 42.1.4 workplace bullying.
AU Barristers Uniform Barristers Rules rr21,5(f) strong 2 cases
A barrister must accept a brief from a solicitor to appear before a court in a field in which the barrister practises or professes to practise if: (a) the brief is within the barrister's capacity, skill and experience; (b) the barrister would be available ... (c) the fee offered on the brief is acceptable ... and (d) the barrister is not obliged or permitted to refuse the brief under Rules 95, 97, 98 or 99.
IE Solicitors Law Society Guide Ch2 — Acceptance of instructions: General; Legally aided clients in criminal matters partial 1 case
In general, a solicitor is not bound to accept instructions from any client... However, a solicitor should not discriminate unfairly between members of the public, nor refuse to act for a person on the grounds of discrimination... Where a solicitor on the legal aid panel is either instructed by the defendant or nominated by the court to act on behalf of the defendant, they are under a duty to comply with those instructions unless they have reasonable grounds for refusing to act.
IE Barristers Bar Code of Conduct Rule 3.10; Rule 2.4 strong 1 case
Having regard to the anticipated length and complexity of a case and having regard to their other professional commitments and the provisions of this Code Barristers are bound to accept instructions in any case in the field in which they profess to practise (having regard to their experience and seniority) subject to the Payment of a proper professional fee.
JM Attorneys Canons of Professional Ethics Canon III(a); Canon III(c) strong 3 cases
An Attorney is under no obligation to act on behalf of every person who may wish to become his client, but in furtherance of the ethics of the profession to make legal services fully available, he shall not lightly decline a proffered retainer. ... (c) An Attorney shall not be deterred from accepting proffered employment owing to the fear or dislike of incurring disapproval of officials, fellow Attorneys or members of the public.
JE Lawyers Law Society of Jersey Code R.1.1 a)-b); R.1.4 partial
A member: a) is free to decide whether to accept instructions from a client other than where a member is appointed to act under the Legal Aid Scheme; b) must not do anything to compromise or impair a person's freedom of choice in placing instructions for legal services.
ON Lawyers LSO Rules of Prof. Conduct r 4.1-1 commentary [4] partial
Right to Decline Representation - A lawyer may decline a particular representation (except when assigned as counsel by a tribunal), but that discretion should be exercised prudently ... Generally, a lawyer should not decline representation merely because a person seeking legal services or that person's cause is unpopular or notorious, or because powerful interests or allegations of misconduct or malfeasance are involved, or because of the lawyer's private opinion about the guilt of the accused. [No cab-rank rule; this is a non-discriminatory-decline principle only.]
BC Lawyers BC Code r 2.1-1(c) partial 3 cases
A lawyer should accept without hesitation, and if need be without fee or reward, the cause of any person assigned to the lawyer by the court, and exert every effort on behalf of that person.
NZ Lawyers Conduct & Client Care Rules r 4 / r 4.1.1 strong
A lawyer as a professional person must be available to the public and must not, without good cause, refuse to accept instructions from any client or prospective client for services within the reserved areas of work that are within the lawyer's fields of practice. ... The following are not good cause to refuse to accept instructions: (a) any grounds of discrimination prohibited by law ...; (c) the merits of the matter ...
SCO Solicitors LSS Standards of Conduct B1.15 partial 1 case
You must not discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation in your professional dealings with other lawyers, clients, employees or others
SG Lawyers Professional Conduct Rules 2015 r 4(e) partial 2 cases
A legal practitioner must facilitate the access of members of the public to justice.
HK Solicitors Solicitors' Guide Principle 5.01 / Commentary 1 & 2 partial
A solicitor is generally free to decide whether to accept instructions from any prospective client. ... A solicitor should not refuse to accept instructions based upon the race, colour, ethnic or national origins, sex or religious or political beliefs ... In deciding whether to represent a prospective client who is accused of a crime, a solicitor should not be influenced by his own opinion of the client's guilt.
HK Barristers Bar Code of Conduct para 6.1 strong
A practising barrister must accept any brief to appear before a court or instruction to provide any other legal services in a field in which the barrister practises or professes to practise if ... and must do so irrespective of:- (i) the nature of the case; (ii) the party on whose behalf he is instructed; and (iii) any belief or opinion which he may have formed as to the character, reputation, cause, conduct, guilt or innocence of that person.

Cases dealing with this duty

Clear

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

  • Sean Michael Callaghan
    SDT solicitor 12319/2022 2022-07-11 found breached

    Breaches, Client Money, Code of Conduct 2007, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 1998, …

    Strike off 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
  • Ashley Peter Barry Attwood
    SDT solicitor 12279/2021 2022-04-19 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • Nicholas James Bohun
    SDT solicitor 12261/2021 2022-02-24 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • Elizabeth Catherine Nedin
    SDT solicitor 12195/2021 2022-02-23 found breached

    Client Money, Failures

    Strike off 1 PDF View decision
  • Muhammad Halon Miah Harun
    SDT solicitor 12297/2022 2022-01-20 found breached

    Breaches

    Strike off 1 PDF View decision
  • Michael Edward Garstang
    SDT solicitor 12269/2021 2022-01-20 found breached

    Breaches

    Strike off 1 PDF View decision
  • George Edward Nosworthy
    SDT solicitor 12356/2022 2022-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Hughes, Owen Maldwyn
    OLSC solicitor Beesley & Hughes 2021-11-24 rule cited

    Allegation 1 - The Lawyer engaged in sexual harassment and / or workplace bullying in breach of Rule 42 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (“the Solicitors’ Rules”) Further, or…

    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
  • Elina, Hermansah Herman
    OLSC solicitor GNB Lawyers [2021] NSWCATOD 98 2021-07-20 found breached

    Contravened section 137 of the Legal Profession Uniform Law (NSW) Mixed trust money with other money in contravention of section 146 of the Legal Profession Uniform Law (NSW) Made false declarations in the annual Law Pr…

    Costs Practitioner to undertake and complete further legal education Reprimand $0.00 Proceedings Instituted 1 PDF View decision
  • Andrew Roman Pena
    SDT solicitor 12142/2020 2021-03-18 found breached

    Breaches, Client Money, Dishonesty, Failures, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2011, SRA Principles 2011

    Strike off 1 PDF View decision
  • David Johnson
    SDT solicitor 12266/2021 2021-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Gregory Stuart Saunders
    SDT solicitor 12157/2021 2021-01-01 found breached

    Breaches, Client Money

    Strike off 1 PDF View decision
  • Mark Reginald Stuart Hodge
    SDT solicitor 12190/2021 2021-01-01 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • John Pursley
    SDT solicitor 12239/2021 2021-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Simon Sui Ping Hsu
    SDT solicitor 12181/2021 2021-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Andrew McNeill
    SDT solicitor 12200/2021 2021-01-01 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • Mohamed Faliq Mohamed Ismail
    SDT solicitor 12277/2021 2021-01-01 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • Sam Themis
    SDT solicitor 12212/2021 2021-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Victor Richard Stockinger
    SDT solicitor 12177/2021 2021-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • David Ellis
    SDT solicitor 12193/2021 2021-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Femida Jamali
    SDT solicitor 12205/2021 2021-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Mohammed Arshad Amin
    SDT solicitor 12173/2021 2021-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Martin Keith Waters & Rodney William Noon
    SDT solicitor 12101/2020 2020-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Maria Williams
    SDT solicitor 12081/2020 2020-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    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.