The duty in context
Advise on alternatives, settlement and outcome client
The lawyer must inform the client of reasonably available alternatives to contested adjudication (such as mediation/ADR) and fully communicate settlement offers and likely net outcomes so the client can decide.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 8.6 partial 113 cases
8.6 You give clients information in a way they can understand. You ensure they are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 7.2 strong 13 cases
A solicitor must inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client, unless the solicitor believes on reasonable grounds that the client already has such an understanding of those alternatives as to permit the client to make decisions about the client's best interests in relation to the matter.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr38-40 strong 5 cases
A barrister must inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client, unless the barrister believes on reasonable grounds that the client already has such an understanding of those alternatives.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch2 — Litigation, arbitration and mediation; Ch5 — Duty of solicitors to encourage mediation and ADR; Ch10 — Explanations to client during settlement negotiations strong 16 cases
Solicitors must provide their client with information on mediation as a means of resolving disputes unless the circumstances deem it inappropriate to do so... To enable a client to make an informed decision about the settlement on offer, the solicitor should explain matters as fully as possible to the client, including the likely deductions that will be made from the settlement figure.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 3.26 partial 16 cases
Where a Barrister receives on behalf of a client an offer of settlement and the client is available for consultation and to instruct the Barrister, the Barrister, in the presence of the solicitor, shall inform the client fully of all the terms of the offer.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon III(i) partial 2 cases
An Attorney shall not by his actions stir up strife or litigation, and where it is in the interest of his client he shall seek to obtain reasonable settlements of disputes.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code G.1.25 partial
Depending on the nature of the instruction, it may be necessary to provide additional costs/fees information, for example, ensuring that clients understand the cost implications of any offers of settlement, including details of the costs to be deducted and how the figures are calculated.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.2-4; r 3.2-4 commentary [1] strong
3.2-4 A lawyer shall advise and encourage the client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and shall discourage the client from commencing or continuing useless legal proceedings. [Commentary [1]: It is important to consider the use of alternative dispute resolution (ADR). When appropriate, the lawyer should inform the client of ADR options and, if so instructed, take steps to pursue those options.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.2-4 strong
A lawyer must advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and must discourage the client from commencing or continuing useless legal proceedings.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.4 strong
A lawyer assisting a client with the resolution of a dispute must keep the client advised of alternatives to litigation that are reasonably available ... to enable the client to make informed decisions regarding the resolution of the dispute.
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 no clear equivalent
HK Solicitors Solicitors' Guide Principle 10.17 strong
A litigation solicitor needs to keep in mind that a settlement may be in his client's interests and to advise and act accordingly. ... a solicitor should ... inform his client of a settlement offer made by the opposing party and give his opinion of its merits ... A litigation solicitor should consider and if appropriate advise his client on alternative dispute resolution procedures such as mediation.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.27 partial
Where appropriate, a practising barrister should consider with his clients the possibility of attempting to resolve a dispute or any particular issue thereof by way of mediation.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
159 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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S Dhama & Others
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
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Lynn Diane Cornthwaite
Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others
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M J Ashraf & 2 Others
Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules
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Anthony Scotland Grassick Walker
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Gray, Roger Winchester
1. Breached Section 61(3)(b) Legal Profession Act. 1987 - handling of trust moneys 2. Breached Clause 78 Legal Profession Regulation 2002 - 3. Breached Section 261(1)(b) Legal Profession Act, 2004 - dealing with trust m…
Suspension of Practising Certificate $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 -
Russell Galt WALTERS
Guilty of professional misconduct on 7 charges.
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Kevin Harper
Breaches, Failures
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Julie Grant
Others
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Simon Paul Hett
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Mubeen Kashmiri & Mahendra Chandmal Jain
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Ayoola Adebambo Olaitan
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Joseph Christopher McDermott
Breaches, Client Money, Failures, Others
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Christopher Elliot Cleaver Thomas
Breaches, Failures, Solicitors' Accounts Rules, Others
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Thomas Flood
THE HIGH COURT 2006 No 7 SA In the matter of Thomas Flood, solicitor, and in the matter of the Solicitors Acts 1954 to 2002 Law Society of Ireland (applicant) Thomas Flood (respondent solicitor) On 6 March 2006, the pre…
strike_off View decision -
Peter Schilli-Somjen
Breaches, Failures, Solicitors' Accounts Rules, Others
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9623-2006 - James Donald Rory Anderson
Breaches, Failures, Solicitors' Accounts Rules, Others
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Peter Anthony Yeeles
Client Money, Failures, Solicitors' Accounts Rules, Others
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Annabella Sau Fung Lai-Burke
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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Sean Christopher Garland Hagan
Breaches, Failures
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Bernardo De Abbeville Paz-Penia De Vire
Breaches, Failures
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Imran Karim, Saira Karim & Shamim Akktar Karim
Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others
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PETER JOHN WARD
Unsatisfactory Conduct
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Christopher Robert Fuller
Others
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.