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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Rodney Richard BUDGEN
Professional misconduct
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Berwick, John Patrick
Professional Misconduct: Practitioner received two payments of trust money from his (then) client in June and July 2012 in contravention of section 252 LPA 2004 by depositing those monies into a mortgage account before …
Costs Reprimand Undertaking, to be filed in the Tribunal, that he will not apply for a practising certificate as a barrister or as a solicitor in any jurisdiction at any time in the future Ordered to pay compensation in the amount of $25,000 (NSWCATOD 06.09.2017) $0.00 3 PDFs View decision -
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Noel William Pugsley
Breaches, Client Money, Solicitors' Accounts Rules
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John A Tobin
In the matter of John A Tobin, solicitor, practising as John A Tobin Solicitors, Level 3 Cornmarket, Robert Street, Limerick, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplin…
strike_off View decision -
James M Sweeney
In the matter of James M Sweeney, a solicitor formerly practising as James M Sweeney at 14 New Cabra Road, Phibsborough, Dublin 7, and in the matter of the Solicitors Acts 1954-2011 [3572/DT110/13 and High Court record …
strike_off View decision -
David Walsh
In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT116/13 and High Court…
fine View decision -
Marcus Paul Nickson
Breaches, Failures
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Steven Platts & Another
Breaches, Solicitors' Accounts Rules
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John JA Rynne
In the matter of John JA Rynne, solicitor, formerly practising as Rynne Hanrahan & Associates, Abbington House, 4 Limerick Road, Ennis, Co Clare, and in the firm of Hanrahan Rynne Solicitors, 3B Riverside Business Park,…
strike_off View decision -
David Walsh
In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT04/12and 2014 no 38 S…
strike_off View decision -
Annan (Formerly John Ebenezer Eyeson-Annan), John Ebow
1. Practising as a Migration Agent whilst disqualified from doing so by virtue of a decision of the Migration Agents Review Authority 2. Falsely represented himself to a client as being a Migration Agent without disclos…
Costs Removal of practitioner's name from the Roll of Local Lawyers (08/10/2014 Disciplinary Action) $0.00 View decision -
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Gregory F O'Neill
In the matter of Gregory F O’Neill, solicitor, formerly practising as Greg O’Neill, Solicitors, Suite 109, The Capel Building, Mary’s Abbey, Dublin 7, and in the matter of the Solicitors Acts 1954-2011 [3365/DT123/11 an…
strike_off View decision -
Duncan Hugh Ranton
Breaches, Failures
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KAREN ALETHEA MULLALLY WROUGHTON
Unsatisfactory Professional Conduct
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Brian Johnston
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/DT95/11 and High Court re…
strike_off View decision -
Brian Johnston
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/DT95/11 and High Court rec…
strike_off View decision -
Mee Ling, Paul Adrian
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 View decision -
Katherine MA Ryan
In the matter of Katherine MA Ryan, a solicitor formerly practising under the style and title of Ryan & Company, Solicitors, at 42 Woodley Park, Kilmacud, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [6…
strike_off View decision -
Jackie Daniel
Others
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Malcolm Ronald Hannaford
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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.