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discipline 30 September 2026

The duty in context

No own-interest conflict client

The lawyer must not act where their own (or an associate's) interests conflict, or significantly risk conflicting, with the duty to serve the client's best interests.

109 cases 59% strike-off avg suspension 24.0 mo avg fine 8,503 34 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 6.1 strong 80 cases
6.1 You do not act if there is an own interest conflict or a significant risk of such a conflict.
E&W Barristers BSB Handbook rC21.2; rC21.10 strong
rC21 ... .2 there is a conflict of interest, or real risk of conflict of interest, between your own personal interests and the interests of the prospective client in respect of the particular matter; or ... .10 there is a real prospect that you are not going to be able to maintain your independence.
Cayman Islands Legal Services Code 2026 R.7.6 strong
An attorney-at-law or a recognised law entity shall not act where the attorney-at-law's or recognised law entity's own interests conflict with those of the client or there is a significant risk of a conflict.
AU Solicitors Solicitors' Conduct Rules Rules 12.1; 12.3 strong 19 cases
12.1 A solicitor must not act for a client where there is a conflict between the duty to serve the best interests of a client and the interests of the solicitor or an associate of the solicitor, except as permitted by this Rule. 12.3 A solicitor must not borrow any money, nor assist an associate to borrow money, from: 12.3.1 a client of the solicitor or of the solicitor's law practice...
AU Barristers Uniform Barristers Rules rr95(b),95(g) strong 3 cases
A barrister must refuse to accept or retain a brief ... if: ... (b) the client's interest in the matter is or would be in conflict with the barrister's own interest or the interest of an associate ... (g) the barrister has a material financial or property interest in the outcome of the case, apart from the prospect of a fee.
IE Solicitors Law Society Guide Ch3 — Conflict of interest between solicitor and client strong
A solicitor should not act where their duty to act in the best interests of a client in relation to a matter conflicts, or there is a significant risk that it may conflict, with their own interests in relation to that matter or a related matter.
IE Barristers Bar Code of Conduct Rule 3.12; Rule 3.13 strong
Barristers may not accept instructions in any case where by reason of their connection with the client or the subject matter it would be difficult for them to maintain their professional independence or where such connection might reasonably give rise to the perception ... that their professional independence is or may be compromised in the discharge of their duties as Barristers.
JM Attorneys Canons of Professional Ethics Canon IV(j) strong 2 cases
Except with the specific approval of his client given after full disclosure, an Attorney shall not act in any manner in which his professional duties and his personal interests conflict or are likely to conflict.
JE Lawyers Law Society of Jersey Code R.6.6 strong
A member or their firm must not act where the member's or firm's own interests conflict with those of the client or there is a significant risk of a conflict.
ON Lawyers LSO Rules of Prof. Conduct r 3.4-1; r 3.4-1 commentary [1] strong
3.4-1 A lawyer shall not act or continue to act for a client where there is a conflict of interest, except as permitted under the rules in this Section. [Commentary [1]: a conflict of interest exists when there is a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client, a former client, or a third person.]
BC Lawyers BC Code r 3.4-26.1 strong 3 cases
A lawyer must not perform any legal services if there is a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's (a) relationship with the client, or (b) interest in the client or the subject matter of the legal services.
NZ Lawyers Conduct & Client Care Rules r 5.4 strong
A lawyer must not act or continue to act if there is a conflict or a risk of a conflict between the interests of the lawyer and the interests of a client for whom the lawyer is acting or proposing to act.
SCO Solicitors LSS Standards of Conduct B1.7 strong 2 cases
You must not act for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest or that of your practice unit.
SG Lawyers Professional Conduct Rules 2015 r 22 (Conflict, or potential conflict, between interests of client and interests of legal practitioner or law practice, in general) strong 3 cases
22 Conflict, or potential conflict, between interests of client and interests of legal practitioner or law practice, in general
HK Solicitors Solicitors' Guide Principle 7.02 strong
A solicitor must act in the best interest of his client and he must not put himself in a position where his own interests conflict or are likely to conflict with his duty to his client, quasi-client or potential client.
HK Barristers Bar Code of Conduct para 6.3 strong
A practising barrister must not appear as Counsel:- (a) in a matter in which he himself is a party or has a material personal (whether pecuniary or otherwise) interest; (b) either for or against any company of which he is a shareholder or an officer or in which he has directly or indirectly a material personal (whether pecuniary or otherwise) interest.

Cases dealing with this duty

Clear

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

  • Ian George Marsh RICHARDSON
    LSC-QLD solicitor KRG Conveyancing 2009-11-11 found breached

    Guilty of professional misconduct on 2 charges. Guilty of unsatisfactory professional conduct on 1 charge.

    other 1 PDF View decision
  • Holt, Michael Francis
    OLSC solicitor Holt & Allen [2009] NSWADT 163 2009-06-26 found breached

    1. Misled or attempted to mislead officer of State Revenue and Trust Account Inspectors 2. Failure to account 3. False stamping of documents in attempt to defraud the Office of State Revenue 4. Misappropriation 5. Negli…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • John Davidson
    SSDT solicitor John Davidson, Solicitor, Ivybank House, 22 Forrest Street, Airdrie 2009-03-26 found breached
    strike_off No Appeal 1 PDF View decision
  • JOSEPHINE PEPE
    LPBWA lawyer Level 1, 533 Hay Street PERTH WA 6000 Legal Practitioners Complaints Committee v Pepe [2009] WASC 2009-02-04 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Kevin Alexander Long
    SDT solicitor 10234/2009 2009-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Rajesh Singh Pathania & Another
    SDT solicitor 10400/2009 2009-01-01 text match

    Delays

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Mark David Rowland
    SDT solicitor 10407/2009 2009-01-01 text match

    Breaches, Others

    Strike off 1 PDF View decision
  • Karl Phillips
    SDT solicitor 9979/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Nicholas James Foster
    SDT solicitor 10122/2008 2008-01-01 found breached

    Client Money, Others

    Strike off 1 PDF View decision
  • Dudley Richard Owen-Thomas
    SDT solicitor 9943/2008 2008-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Viresh Patel
    SDT solicitor 9950/2008 2008-01-01 found breached

    Breaches, Delays, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Dennison & Others
    SDT solicitor 9942/2008 2008-01-01 found breached

    Failures, Others

    Fine, Strike off 1 PDF View decision
  • Christopher Paul Harrison
    SDT solicitor 9912/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Alison Manning
    SDT solicitor 9889/2008 2008-01-01 found breached text match

    Failures, Others

    S.43 Order (clerks) 1 PDF View decision
  • Kennedy, Paul Herbert
    OLSC solicitor (Formerly) Kennedy & Associates [2007] NSWADT 59 2007-03-15 found breached

    1. The Solicitor breached Rule 12 of the Revised Conduct and Practice Rules dealing with borrowing transactions 2. Negligent in failing to secure registration of the second mortgage 3. Engaged in unethical conduct by br…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Vosnakis, Joseph Con
    OLSC solicitor (Formerly) Vosnakis & Associates [2007] NSWADT 42 2007-01-23 found breached

    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
  • Mark I Bronzite & Another
    SDT solicitor 9848/2007 2007-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Andrew Thomas Eastham
    SDT solicitor 9689/2007 2007-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Terence Jeffrey Sopel
    SDT solicitor 9644/2007 2007-01-01 found breached

    Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Michael Lee PODMORE
    LSC-QLD solicitor Michael Podmore & Associates 2006-10-25 found breached

    Guilty of professional misconduct on 10 charges

    other 2 PDFs View decision
  • PAUL THOMAS WILLIAMS
    LPBWA lawyer PO Box 8259 Perth Business Centre PERTH WA 6849 Legal Practitioners Complaints Committee v Williams [2006] WASAT 108 2006-04-10 found breached text match

    Unprofessional Conduct

    Unprofessional Conduct 1 PDF View decision
  • David John Christensen
    SDT solicitor 9528/2006 2006-01-01 found breached

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • Catherine Charlene Samuel
    SDT solicitor 9511/2006 2006-01-01 found breached

    Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Stephen Wilbert Dermont Sam & Another
    SDT solicitor 9531/2006 2006-01-01 found breached

    Breaches, Client Money, Others

    Reprimand, Strike off 1 PDF View decision
  • Philip Shaun Lowe
    SDT solicitor 9485/2006 2006-01-01 found breached

    Criminal Convictions, Failures, Solicitors' Accounts Rules, Others

    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.