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discipline 30 September 2026

The duty in context

Not misrepresent regulated status profession

The lawyer must not hold out an unregulated business or person as regulated, and must take reasonable steps to prevent clients wrongly believing a third party is regulated.

272 cases 59% strike-off avg suspension 15.1 mo avg fine 51,577 119 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 8.10; CCS 5.4 strong 184 cases
8.10 You ensure that clients understand whether and how the services you provide are regulated. This includes: ... (c) ensuring that you do not represent any business or employer which is not authorised by the SRA, including any separate business, as being regulated by the SRA.
E&W Barristers BSB Handbook rC83; rC84; rC19.4 strong 5 cases
rC83 If you refer a client to a third party which is not a BSB authorised person or an authorised (non-BSB) person, you must take reasonable steps to ensure that the client is not wrongly led to believe that the third party is subject to regulation by the Bar Standards Board or by another approved regulator. rC84 You must not have a material commercial interest in any organisation which gives the impression of being, or may be reasonably perceived as being, subject to the regulation of the Bar Standards Board ... where it is not so regulated.
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 39.1 partial 21 cases
the solicitor, or law practice... must take all reasonable steps to ensure that the client is clearly informed about the nature and the terms of the services being provided to the client by the solicitor or law practice, including (if applicable) that the services provided by the other entity are not provided by solicitor or the law practice as legal services.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch9 — The solicitor as agent for an institution partial 18 cases
If a solicitor holds an agency for an institution, the office of the solicitor should be clearly seen to be the office of a solicitor and not a branch of the organisation from whom the solicitor holds the agency.
IE Barristers Bar Code of Conduct Rule 2.10 partial 18 cases
Barristers shall not abuse the title Barrister-at-Law or where applicable Senior Counsel, but this rule shall not prohibit the disclosure of their professional qualification by Barristers in a manner consistent with the Code and any instrument made under the Code.
JM Attorneys Canons of Professional Ethics Canon II(a) partial 6 cases
An Attorney shall not hold out any person (not qualified to practise as a lawyer) as a partner, associate consultant or Attorney.
JE Lawyers Law Society of Jersey Code no clear equivalent
ON Lawyers LSO Rules of Prof. Conduct r 4.2-1.1; r 6.1-1 commentary [5.1] strong
4.2-1.1 A lawyer marketing legal services shall specifically identify in all marketing materials that they are licensed as a lawyer. [6.1-1 cmt 5.1: A lawyer should ensure that the non-lawyer is identified as such when communicating orally or in writing with clients, licensees, public officials, or with the public generally.]
BC Lawyers BC Code r 4.2-8 strong 10 cases
A lawyer must not list a person not entitled to practise law in British Columbia on any letterhead or in any other marketing activity without making it clear in the marketing activity that the person is not entitled to practise law in British Columbia.
NZ Lawyers Conduct & Client Care Rules r 2.11 / r 14.13 partial
If a lawyer learns that a person is committing an offence by— ... (c) providing legal services in breach of any of sections 21, 22, or 23 of the Act (which relate to persons, not being lawyers, engaging in misleading conduct regarding their right or qualifications to practise law)— the lawyer must immediately report the matter to the Law Society ...
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 33 (Descriptions) partial 2 cases
33 Descriptions
HK Solicitors Solicitors' Guide Principle 13.04 partial
No solicitor shall wilfully and knowingly: (a) act as agent in any action or in any matter in bankruptcy for any unqualified person; or (b) permit his name to be made use of in any such action or matter upon the account or for the profit of any unqualified person; or ... (d) do any other act enabling any unqualified person to appear, act or practise in any respect as a solicitor.
HK Barristers Bar Code of Conduct no clear equivalent

Cases dealing with this duty

Clear

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

  • Richard Anthony Barnett & Another
    SDT solicitor 11249/2014 2014-01-01 found breached

    Breaches, Others

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Lundy, John
    OLSC solicitor Lundy Lawyers [2013] NSWADT 105 2013-05-14 found breached

    1. Failed to comply with Clause 74(b) of the Legal Profession Regulation 2005 - notice of closure of a general trust account 2. Failed to comply with Section 274(1) of the Legal Profession Act 2004 ? law practice must h…

    Additional Orders made by the Tribunal (see Tribunal decision) Costs Fine Reprimand $3,000.00 Proceedings Instituted View decision
  • Patrick McCarthy
    LSI solicitor McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork 2013-04-08 found breached

    In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT144/11 and High Court r…

    strike_off View decision
  • Seamus P McConnell
    LSI solicitor Tullamore, Co Offaly 2013-01-28 found breached

    In the matter of Seamus P McConnell, solicitor, of Tullamore, Co Offaly, and in the matter of the Solicitors Acts 1954-2008 [6626/DT83/11, 6626/DT84/11 and High Court record 2012 no 87SA] Law Society of Ireland (applica…

    conditions View decision
  • Iwan Meredydd Davies
    SDT solicitor 11196/2013 2013-01-01 found breached

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • Mee Ling, Paul Adrian
    OLSC solicitor Mee Ling [2012] NSWADT 146 2012-07-25 found breached

    Application no. 102024: 1. Failure to comply with undertaking 2. Failure to comply with condition on practising certificate 3. Failure to respond to the Society’s correspondence Application no. 102025: 1. Failure to pay…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Noel Brennan
    LSI solicitor Joy Brennan & Company, Solicitors, 1 New Quay, Clonmel, Co Tipperary 2012-07-23 found breached

    In the matter of Noel Brennan, a solicitor formerly practising as a partner in Joy Brennan & Company, Solicitors, at 1 New Quay, Clonmel, Co Tipperary, and in the matter of the Solicitors Acts 1954-2008 [4028/DT21/11 an…

  • Timothy Schools
    SDT solicitor 10968/2012 2012-01-01 found breached

    Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Terence James Synnott
    SDT solicitor 11047/2012 2012-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Kathleen Chadwick & 2 Others
    SDT solicitor 11013/2012 2012-01-01 found breached

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

    Fine, S.43 Order (clerks), Strike off 1 PDF View decision
  • Nosa Kings Erhunmwunsee
    SDT solicitor 10947/2012 2012-01-01 found breached

    Breaches, Client Money, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Marc Joseph Levy
    SDT solicitor 10975/2012 2012-01-01 found breached

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

    Strike off 1 PDF View decision
  • Brian Johnston
    LSI solicitor Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth 2011-10-17 found breached

    In the matter of Brian Johnston, a solicitor formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [6927/DT64/10 and High Court rec…

    strike_off View decision
  • Peter McGarry
    LSI solicitor Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1 2011-05-30 found breached

    In the matter of Peter McGarry, a solicitor, formerly practising as Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [4989/DT02/11 and High Court record no 20…

    strike_off View decision
  • Mark Victor Michie
    SSDT solicitor Mark Victor Michie, 25 Rosebery Street, Aberdeen 2011-03-09 found breached
    strike_off Appeal Concluded 1 PDF View decision
  • Anthony Thomas Bryson
    SDT solicitor 10849/2011 2011-01-01 found breached

    Breaches, Failures

    Suspend - Indefinite 1 PDF View decision
  • Newford E Shillingford & Another
    SDT solicitor 10714/2011 2011-01-01 found breached

    Breaches, Client Money, Failures, Others

    Fine, Suspend - Indefinite 1 PDF View decision
  • Julio Perez
    SDT solicitor 10766/2011 2011-01-01 found breached

    Others

    S.43 Order (clerks) 1 PDF View decision
  • Michael J Murphy
    LSI solicitor MJ Murphy & Co, Solicitors, 25 Lower Salthill, Galway, Co Galway 2010-06-14 found breached

    In the matter of Michael J Murphy, a solicitor formerly practising as MJ Murphy & Co, Solicitors, 25 Lower Salthill, Galway, Co Galway, and in the matter of the Solicitors Acts 1954-2008 [4803/DT119/08 and High Court re…

    strike_off View decision
  • Humphrey Lee Mcpherson
    GLC attorney 205 of 2007 2010-06-05 found breached

    Fined | Disciplinary Committee decision delivered June 05, 2010. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT NO. 205/2007 GEORGE SOUTAR VS HUMPHREY MCPHERSON Panel: Mrs…

    Fined 1 PDF View decision
  • Kenneth Hunt & Barbara Gayton
    SDT solicitor 10645/2010 2010-01-01 found breached

    Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Chukwuma Emele
    SDT solicitor 10441/2010 2010-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    S.43 Order (clerks) 1 PDF View decision
  • J W Smith, A A Voliere, F Dawodu
    SDT solicitor 10431/2010 2010-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off, Strike Off Register of Foreign Lawyers 1 PDF View decision
  • Robert Scott
    SDT solicitor 10635/2010 2010-01-01 found breached

    Breaches, Failures, Others

    S.43 Order (clerks) 1 PDF View decision
  • Deborah Beyioku & Others
    SDT solicitor 10416/2010 2010-01-01 found breached

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

    No Order, Reprimand, S.43 Order (clerks) 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.