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
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Roderick Coston McLeod
Rule 3-7.1 Consent Agreement
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Jasbinder Singh Sohal
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011, SRA Principles 2019
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Guy Andrew Adams
Code of Conduct 2011, Dishonesty, Lack of Integrity, Solicitors Accounts Rules 2011, SRA Principles 2011
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Dominic Leon Macknight
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Failures, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2019
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Gerald Edward Palmer
Rule 3-7.1 Consent Agreement
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Patrick Cornelius Burke
Rule 3-7.1 Consent Agreement
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Hughes, Owen Maldwyn
Failure to disclose AHRC sexual harassment complaint to the Law Society in his practising certificate renewal application Failure to disclose sexual harassment proceedings to the Law Society in his practising certificat…
Refusal of grant of practising certificate for the year ending 30 June 2024 $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 -
Duncan, Nigel Ian
Used his position as a solicitor to engage in serious dishonest conduct for an extended period of time. For over six years he misappropriated funds from clients’ estates to meet his own financial obligations and living …
Costs Removal of lawyer’s name from the Roll of Australian lawyers $0.00 Proceedings Instituted 1 PDF View decision -
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Mackey, John Charles
The Respondent Solicitor made unauthorised withdrawals of commission in breach of his fiduciary duty to the beneficiaries of two deceased estates. In particular, the Respondent Solicitor: a. made calculations and paymen…
Reprimand Solicitor to undertake and complete further legal education $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 -
Lee Scott Tupper
Rule 3-7.1 Consent Agreement
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Michael Shane Dugas
Rule 3-7.1 Consent Agreement
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Braden William Lauer
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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Anthony David GRAY
In respect of each of Charges 1 and Charge 2 there is a finding of professional misconduct.
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Mark William Sager
Rule 4-29 Admission of Misconduct and Undertaking to the Discipline Committee
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Amanda Marie Lennon
Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2011, SRA Principles 2019
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Russell Sean McDonough
Rule 3-7.1 Consent Agreement
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Sean Garvin Moses Osbourne
Struck off, Restitution ordered | Disciplinary Committee decision delivered January 26, 2024. | Guilty of Professional Misconduct | Disciplinary Committee decision delivered November 03, 2023. | Formal Order View PDF SA…
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HOWARD JOHN GINBEY
Professional Misconduct. Costs. Referral to Supreme Court recommending name be removed from the roll of practitioners
Professional Misconduct. Costs. Referral to Supreme Court recommending name be removed from the roll of practitioners 2 PDFs View decision -
Sean Garvin Moses Osbourne
Guilty of Professional Misconduct | Disciplinary Committee decision delivered November 03, 2023. | Struck off, Restitution ordered | Disciplinary Committee decision delivered January 26, 2024. | Formal Order View PDF AM…
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.