The duty in context
Safeguard documents and limit liens money
On completion or termination the lawyer must deliver up client documents and property as soon as reasonably possible, retaining or destroying files only per retention rules, and may exercise any lien only as properly permitted.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 4.2 partial 76 cases
4.2 You safeguard money and assets entrusted to you by clients and others.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC131 partial
rC131 Save where otherwise agreed: .1 you shall be entitled to copy all documents received from your lay client, and to retain such copies; .2 you shall return all documents received from your lay client on demand, whether or not you have been paid for any work done for the lay client;
BSB Handbook Part 2: Code of Conduct · 5.0 · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.4.2(d); R.4.3(g); R.4.8 partial
reasonable details about the recovery of unpaid costs (at the point of termination), the ownership of documents and timescales for the destruction of files and data... details of the circumstances in which the attorney-at-law or recognised law entity may be entitled to exercise a lien for unpaid fees and disbursements
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 14.1; 14.2; 15.1 strong 13 cases
14.1 ...upon completion or termination of the law practice's engagement: the client or former client... is given any client documents... as soon as reasonably possible when requested to do so by the client, unless there is an effective lien. 14.2 A solicitor or law practice may destroy client documents after a period of 7 years... 15.1 ...when a solicitor claims to exercise a lien for unpaid legal costs over client documents which are essential to the client's defence or prosecution of current proceedings...
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch10 — The solicitor's lien on monies; Ch7 — The file belongs to the client strong 39 cases
A solicitor cannot exercise a lien on monies coming into the solicitor's control if the monies were sent to him for a specific purpose, such as for the payment of stamp duty. If a solicitor holds monies in the client account that are greater than the amount due to the solicitor, the exercise of the lien should be limited to the amount due... Once the fees and outlay of a solicitor have been paid, the file belongs to the client.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 6.10; Rule 3.7(c)-(d) strong 39 cases
The papers in any brief or instructions delivered to a Barrister are the property of the client. Barristers have no right without the consent of the client or solicitor to lend them or reveal their contents to any person save in accordance with Rule 3.7. At the conclusion of the case Barristers should return the papers to the instructing solicitor (if there is an instructing solicitor), unless otherwise agreed.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon IV(o)(iii); Canon VII(c) strong 22 cases
[on withdrawal] (iii) delivering to the client all documents and property to which he is entitled ... [VII(c)] Nothing in these Canons shall deprive an Attorney of any recourse or right whether by way of lien, set-off, counter-claim, charge or otherwise against monies standing to the credit of a client's account maintained by that Attorney.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.1.2 e); R.1.3 h); R.1.10; G.1.33 strong
All files or records of any material matter shall be retained by a member's firm... for at least 11 years from the last material entry... a member... shall... deliver to the client all papers or property to which the client is entitled, or otherwise held to the client's order. The handing over of documents... must be in accordance with the provisions of Annex 1. The client must be advised in writing of... the ownership of documents and timescales for the destruction of files/data... and... details of the circumstances in which the member, employee or firm may be entitled to exercise a lien for unpaid fees and disbursements.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.7-9(b); r 3.5-2 commentary [2] strong
3.7-9(b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled. [3.5-2 cmt 2: the lawyer ... should, subject to any rights of lien, promptly return them to the client upon request or at the conclusion of the lawyer's retainer.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.7-9(b) strong 2 cases
On discharge or withdrawal, a lawyer must, as soon as practicable: ... (b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled;
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 4.4.1 / r 4.4.2 strong
Subject to any statutory provisions to the contrary, upon changing lawyers a client has the right ... to uplift all documents, records, funds, or property held on the client's behalf. The former lawyer must act upon any written request to uplift documents without undue delay subject only to any lien that the former lawyer may claim.
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 5.23 strong
On termination a solicitor should, subject to any lien, promptly deliver to the client or his new solicitor all papers and property to which the client is entitled or hold them to his order and account for all funds of the client then held by the solicitor.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 7.13(c)(viii) partial
When no longer required, all confidential material should be disposed of securely, for example, by returning it to the person instructing the barrister, shredding papers, permanently erasing information stored electronically and securely disposing of any electronic devices which hold confidential information.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
22 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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Jacqueline Marie Minto
Suspended, Fined | Disciplinary Committee decision delivered November 18, 2023. | Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 23, 2023. View PDF SANCTION DECISION OF THE DISCI…
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Sean Garvin Moses Osbourne
Reprimanded, Restitution ordered, Fined | Disciplinary Committee decision delivered October 09, 2023 || Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 25, 2023 View PDF FORMAL OR…
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Sean Garvin Moses Osbourne
Reprimanded, Restitution ordered, Fined | Disciplinary Committee decision delivered October 09, 2023 || Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 25, 2023 || Formal Order Vi…
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Jacqueline Marie Minto
Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 23, 2023. | Suspended, Fined | Disciplinary Committee decision delivered November 18, 2023. View PDF DECISION OF THE DISCIPLINARY C…
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Seymour George Stewart
Fined | Disciplinary Committee decision delivered November 03, 2021. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 26, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE…
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Seymour George Stewart
Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 26, 2021. || Fined | Disciplinary Committee decision delivered November 03, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE…
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Lassen E.St.E. Harvey
Fined, Compensation ordered | Disciplinary Committee decision delivered July 09, 2019. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered December 13, 2018. View PDF FORMAL ORDER OF THE DIS…
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Sean A. Clarke
Guilty of Professional Misconduct, Restitution Ordered | Disciplinary Committee decision delivered January 26, 2019. Full Screen View View Decision View Formal Order JUDGMENT OF THE DISCIPLINARY COMMITTEE OF THE GENERAL…
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Jennifer Messado
Struck off | Disciplinary Committee decision delivered October 08, 2018 - Sanction Hearing. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered September 15, 2018. View PDF DECISION OF THE D…
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Harold C. Brady
Finding of Professional Misconduct | Disciplinary Committee decision delivered February 25, 2017. | Struck off, Restitution ordered - March 4, 2017 View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL CO…
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Lawrence L. Haynes
Restitution ordered | Disciplinary Committee decision delivered May 04, 2013. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 140/2009 IN THE MATTER of ROBERT HENRY and LAWRENC…
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Carlton H. Campbell
Fined, Restitution ordered | Disciplinary Committee decision delivered December 03, 2011. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL Complaint No. 160/2007 IN THE MATTER of BERTON I. AD…
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Howard A. Lettman
Fined | Disciplinary Committee decision delivered December 13, 2008. View PDF DECISION of THE DISCIPLINARY COMMITTEE of THE GENERAL LEGAL COUNCILCOMPLAINT NO. 254/2005 In the Matter of FREDERICK CHAMBERS and HOWARD LETT…
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Dorcas White
Reprimanded | Disciplinary Committee decision delivered July 29, 2006. View PDF DECISION of THE DISCIPLINARY COMMITTEE of THE GENERAL LEGAL COUNCILCOMPLAINT No. 110/2005 BETWEEN C. DENNIS MORRISON Q.C. COMPLAINANT AND D…
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Lorraine Earle
Fined, Already Struck off | Disciplinary Committee decision delivered May 13, 2006. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THEGENERAL LEGAL COUNCILCOMPLAINT NO. 87/2003 In the Matter of LUNETH ORAM, RASFORD …
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Paul I. Miller
Suspension/Disbarment Pending Order Fulfillment | Disciplinary Committee decision delivered March 11, 2006. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT NO: 150/2004 IN THE MATTE…
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Dahlia Allison B. Allen
Struck off, Restitution ordered | Disciplinary Committee decision delivered March 09, 2002. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT 197/1999 BETWEEN BARRINGTON G. ROBINSON …
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Carlton H. Campbell
Restitution & Repayment ordered, Fined | Disciplinary Committee decision delivered October 20, 2001. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO. 133/97 BETWEEN HERBERT TOML…
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Adrian A.F. “Freddie” Brown
Suspended | Disciplinary Committee decision delivered August 10, 2001. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT No. 123/97 GUY AND LOIS HIBBERT COMPLAINANT AND FREDDIE BROWN …
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Raphael Bishop
Fined | Disciplinary Committee decision delivered September 23, 1999. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO. 20/95 MICHAEL HARVEY GLAZER AND BARBARA JEAN DELMAR Execut…
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Enoch L. Blake
Fined | Disciplinary Committee decision delivered April 04, 1992. View PDF DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL ORDER COMPLAINT NO. 77/91 In the matter of Spurgeon Reid and Enoch Blake Attorney-at-Law In …
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Louis E.A. Forde
Struck off, Restitution ordered | Disciplinary Committee decision delivered February 16, 1985. View PDF DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL ORDER Complaint No. 31/1978 Kenman Davis - ComplainantL.E.A. Fo…
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.