The duty in context
Pay instructed practitioners and agents profession
The lawyer is personally responsible for paying the proper fees of counsel, agents and other practitioners they instruct, unless otherwise expressly agreed.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook rC155 partial
rC155 If in the course of practice you instruct a lawyer of a CCBE State other than the UK to provide legal services on your behalf, you must pay the fees, costs and outlays which are properly incurred by that lawyer (even where the client is insolvent) unless: ...
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.11.5 strong
An attorney-at-law or a recognised law entity that instructs an attorney-at-law or a practitioner in the law of another jurisdiction will be responsible for the payment of the proper fees and disbursements of that other attorney-at-law or practitioner unless otherwise agreed.
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rule 35.1 partial 18 cases
If a solicitor instructs a third party on behalf of the client, and the solicitor is not intending to accept personal liability for payment of the third party's fees, the solicitor must advise the third party in advance.
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 Ch8 — The solicitor's liability for professional fees; Ch11 — Instructing foreign lawyers partial 2 cases
A solicitor has no personal liability for counsel's fees... A solicitor who has received a fee from a client intended for counsel should pay such fee when it falls due. A solicitor who instructs counsel should use reasonable endeavours to ensure that counsel receives fees that are properly due... if they engage a lawyer in another jurisdiction on behalf of a client, they themselves may be held personally liable for that lawyer's fees.
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 VI(j) strong
An Attorney who instructs or employs another Attorney to act on behalf of his client, unless otherwise agreed, shall pay the proper fee of such Attorney whether or not he has received payment from his client.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.10.5 strong
A member will be personally responsible for paying the proper costs of any agent or other person who is instructed on behalf of the client, unless the member and the person instructed make an express agreement to the contrary or it is otherwise clear that the person instructed is instructed on terms that the member is not so personally responsible.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 7.1-2 strong
A lawyer shall promptly meet financial obligations incurred in the course of practice on behalf of clients unless, before incurring such an obligation, the lawyer clearly indicates in writing to the person to whom it is to be owed that it is not to be a personal obligation.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 7.1-2, commentary [1] strong
In order to maintain the honour of the Bar, lawyers have a professional duty (quite apart from any legal liability) to meet financial obligations incurred, assumed or undertaken on behalf of clients, unless, before incurring such an obligation, the lawyer clearly indicates in writing that the obligation is not to be a personal one.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 12.2 / r 10.12 strong
Where a lawyer instructs a third party on behalf of a client to render services in the absence of an arrangement to the contrary, the lawyer is personally responsible for payment of the third party's fees, costs, and expenses. ... A lawyer who, acting in a professional capacity, instructs another lawyer must pay the other lawyer's account promptly and in full unless agreement to the contrary is reached ...
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 7 (Responsibilities of legal practitioners to each other) partial 4 cases
7 Responsibilities of legal practitioners to each other
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 12.04 / Principle 4.14 strong
In the absence of reasonable excuse a solicitor is personally liable as a matter of professional conduct for the payment of a barrister's proper fees. ... unless there is an agreement to the contrary, a solicitor is personally responsible for paying the proper costs of any professional agent or other person whom he instructs on behalf of his client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 6.27(a) strong
It is the duty of a practising barrister who arranges for another practising barrister to undertake work on his behalf ...:- (i) to pay proper financial remuneration for the work done; (ii) to make payment within a reasonable time and in any event within 2 months after the work has been done ...; and (iii) to deal with payment for such work himself and not delegate responsibility to anyone else.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
56 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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Zhang, Shijing
Failure to pay Counsel’s fees until ordered to do so by Local Court — Unsatisfactory Professional Conduct
Solicitor to undertake and complete further legal education To undertake training pursuant to section 299(1)(e)(i) of the LPUL $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 -
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JOHN WESLEY BUTLER
Professional Misconduct. Suspension. Costs
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MANRAJ SINGH KHOSA
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 -
Henry, Catherine Anne
On or about 16 December 2019, the Respondent Solicitor made false statements about the status of funds relating to the matter in which the Complainant (a barrister) had been engaged on behalf of the Respondent Solicitor…
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 -
Kernaghan, Aaron Noel
Professional Misconduct Failed to honour an undertaking Committing various trust monies breaches concerning multiple clients and events between December 2015 and July 2016 Failed to answer a s 370 Notice Failed over a l…
Costs Reprimand Solicitor to undertake and complete further legal education Employment and medical conditions imposed on the Solicitor’s practising certificate $0.00 Proceedings Instituted 1 PDF View decision -
Kernaghan, Aaron Noel
Professional Misconduct Breached an undertaking to the Office of the Legal Services Commissioner Breach section 137 of the Legal Profession Uniform Law (NSW) - Certain trust money to be deposited in general trust accoun…
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Richard Charles Prescott
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Autore, Anthony
1. Failure to comply with undertaking 2. Failure to pay barrister fees — Professional Misconduct
Costs Fine Practitioner to undertake and complete further legal education Reprimand $5,000.00 Proceedings Instituted 2 PDFs View decision -
Mahony, John Francis Thomas
1. Falsely witnessed the signature of his fellow director 2. Attempted to mislead the Law Society of NSW 3. Failed to pay Counsel's fees — Professional Misconduct
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Paul Anthony Dumbleton & Martin James Gabriel & Barrie Yorath Jones
Breaches, Failures, Solicitors' Accounts Rules
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Russo, Salvatore
1. Breach of section 255 LPA 2004 - not holding trust money in a trust account, failing to disburse trust money only in accordance with direction given by client 2. Failure to pay Counsel's fees 3. Failure to account fo…
Costs Fine Reprimand Practitioner lodged an appeal in the NSWCA in relation to the NCAT orders of 12/4/2016 removing practitioner's name from the local Roll $20,000.00 Proceedings Instituted 2 PDFs View decision -
Greenstein, David
1. Contravened a condition on his practising certificate for the years ending 30 June 2011 and 30 June 2012 2. Failed to comply with his undertaking to the Law Society 3. Failed to respond to correspondence in respect o…
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Brendan MacNamara
In the matter of Brendan MacNamara, solicitor, Mountrath Road, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2011 [10447/DT131/11 and High Court record 2015 no 69 SA] Law Society of Ireland (applic…
strike_off View decision -
Andreone, Francesco Leonardo
1. Misappropriation of trust money 2. Breach of trust account requirements 3. Failure to pay barristers 4. Failure to account 5. Failure to pay PAYE deductions and GST 6. Failure to pay employer's compulsory contributio…
Costs Removal of practitioner's name from the Roll of Local Lawyers 24/07/2014 (Disciplinary Action) $0.00 Proceedings Instituted View decision -
Patrick McCarthy
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 -
Andrew John Cresswell
Breaches, Client Money, Failures, Others
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Paul Francis Fallon
Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules
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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 Proceedings Instituted View decision -
Paul Henry Sherriff
Breaches, Failures, Solicitors' Accounts Rules
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Ekes, Hector
Failure to pay counsel fees in relation to invoices dated 27 July 2006 and 1 August 2006 — A reasonable likelihood of a finding of unsatisfactory professional conduct
Reprimand $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 -
Nicopoulos, James
1. Delay in submitting BAS to the ATO 2. Delay in remitting GST & PAYG to the ATO 3. Wilful breach of Section 61 Legal Profession Act 1987 -handling of trust moneys 4. Wilful breach of Section 62 Legal Profession Act 19…
Additional Orders made by the Tribunal (see Tribunal decision) Costs Fine Reprimand $4,000.00 Proceedings Instituted View decision -
S Mireskandari & C S Turbin
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Muir, Brian Thomas Gregory
1. Breached Section 61 of the Legal Profession Act,1987 - handling of trust moneys 2. Breached Section 62 of the Legal Profession Act,1987 - keeping of trust accounts 3. Breached Section 255 of the Legal Profession Act …
Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 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.