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discipline 30 September 2026

The duty in context

Proper termination and return of instructions client

The lawyer may only terminate a retainer or return instructions for just cause and, save in exceptional circumstances, on reasonable notice with clear reasons to the client.

60 cases 58% strike-off avg suspension 27.6 mo avg fine 7,000 13 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook rC25; rC26; rC27 strong
rC27 Notwithstanding the provisions of Rules rC25 and rC26, you must not: .1 cease to act or return instructions without either: .a obtaining your client's consent; or .b clearly explaining to your client or your professional client the reasons for doing so;
Cayman Islands Legal Services Code 2026 R.4.7 strong
An attorney-at-law may only terminate a retainer, other than in exceptional circumstances, on reasonable notice, unless the retainer is terminated automatically by law. A client is free to terminate a retainer at any time.
AU Solicitors Solicitors' Conduct Rules Rules 13.1; 13.4 strong 5 cases
13.1 A solicitor with designated responsibility for a client's matter must ensure completion of the legal services for that matter UNLESS: ... 13.1.3 the law practice terminates the engagement for just cause and on reasonable notice... 13.4 In subrule 13.1.3 just cause includes the following: ...
AU Barristers Uniform Barristers Rules rr101-102 partial 4 cases
A barrister must not return under Rule 99 a brief to defend a charge of a serious criminal offence unless ... the client has consented after the barrister has clearly informed the client of the circumstances in which the barrister wishes to return the brief ... A barrister must not return a brief to appear in order to accept another brief to appear unless the instructing solicitor or the client in the first brief has permitted the barrister to do so beforehand.
IE Solicitors Law Society Guide Ch2 — Termination of a retainer: General strong 4 cases
A solicitor should not terminate the solicitor/client relationship without good cause and without reasonable notice. The solicitor should confirm in writing that they have ceased to act. Where court proceedings have been commenced, the solicitor must comply with the procedures for coming off record.
IE Barristers Bar Code of Conduct Rule 3.22; Rule 3.25 partial 4 cases
A Barrister whose client behaves in an offensive manner towards that Barrister must nevertheless continue to act for that client provided however that where they are justified in assuming that their professional conduct is being or is likely to be impugned ... they can withdraw from the case provided that their withdrawal will not have the effect of jeopardising their client's interests.
JM Attorneys Canons of Professional Ethics Canon IV(o) strong 9 cases
An Attorney who withdraws from employment by virtue of any of the provisions of Canon IV (n) shall not do so until he has taken reasonable steps to avoid foreseeable prejudice or injury to the position and rights of his client including- (i) giving due notice; (ii) allowing time for employment of another Attorney; (iii) delivering to the client all documents and property to which he is entitled;
JE Lawyers Law Society of Jersey Code R.1.8 strong
Members may only terminate a retainer for just cause and, other than in exceptional circumstances, upon reasonable notice, unless the retainer is terminated automatically by law. A client is free to terminate a retainer at any time.
ON Lawyers LSO Rules of Prof. Conduct r 3.7-1 strong
A lawyer shall not withdraw from representation of a client except for good cause and on reasonable notice to the client.
BC Lawyers BC Code r 3.7-1 strong 4 cases
A lawyer must not withdraw from representation of a client except for good cause and on reasonable notice to the client.
NZ Lawyers Conduct & Client Care Rules r 4.2 strong
A lawyer who has been retained by a client must complete the regulated services required by the client under the retainer unless— ... (c) the lawyer terminates the retainer for good cause and after giving reasonable notice to the client specifying the grounds for termination.
SCO Solicitors LSS Standards of Conduct B1.12 strong 5 cases
You must not cease to act for clients without just cause and without giving reasonable notice, or in a manner which would prejudice the course of justice.
SG Lawyers Professional Conduct Rules 2015 r 26 (Completion of retainer and withdrawal from representation) partial
26 Completion of retainer and withdrawal from representation
HK Solicitors Solicitors' Guide Principle 5.22 strong
Unless otherwise provided in a written retainer, a solicitor must not terminate his retainer with his client except for good reason and upon reasonable notice, or with the client's consent.
HK Barristers Bar Code of Conduct para 6.13 strong
A practising barrister must not cease to act or return instructions, even where it is appropriate to do so:- (a) without having first explained to the client his reasons for doing so; (b) without having first given reasonable notice to the client or otherwise in circumstances that would leave the client unable to find other legal assistance in time to prevent prejudice being suffered by the client;

Cases dealing with this duty

Clear

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

  • Walker, Brian David
    OLSC barrister Clarence Chambers 2025-08-21 found breached

    In the course of Mr Walker acting for a direct access client he: directed the client to pay and accepted his legal fees in advance of performing the legal work and did so contrary to the requirements of cl 15(2) of the …

    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
  • David Roger Edwards
    LSC-QLD solicitor Riverlegal 2025-08-08 found breached

    The Respondent’s conduct subject of charges 1 and 4 is characterised as professional misconduct.

    Struck off 1 PDF View decision
  • Imran Haider Khawaja
    SDT solicitor 12681/2024 2025-06-19 found breached

    Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, SRA Principles 2019

    Fine 1 PDF View decision
  • Nguyen, Mai Anh
    OLSC solicitor Empower Legal Pty Ltd 2025-04-17 found breached

    1. Engaged in legal practice between December 2021 and May 2024 without an Australian Practising Certificate, in contravention of the Legal Profession Uniform Law NSW (Uniform Law) and failed to disclose this in her App…

    Refusal of grant of practising certificate $0.00 Disciplinary Action View decision
  • Simon Biancardi
    LSBC lawyer 2023-12-19 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Richard Yan-Yun Liu
    LSBC lawyer 2022-12-14 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Daniel Anthony McGinn
    SSDT solicitor Daniel Anthony McGinn, 68 Sannox Drive, Glasgow 2022-05-26 found breached
    strike_off No Appeal 2 PDFs View decision
  • Qunmber Bin Ehsan
    SDT solicitor 12267/2021 2022-02-22 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Fiona McKinnon
    SSDT solicitor Fiona McKinnon 2022-01-12 found breached
    conditions 3 PDFs View decision
  • Seymour George Stewart
    GLC attorney 78 of 2020 2021-11-03 rule cited

    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…

    Fined 1 PDF View decision
  • Seymour George Stewart
    GLC attorney 78 of 2020 2021-07-26 rule cited

    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…

    Guilty of Professional Misconduct 1 PDF View decision
  • Konrad Malik
    LSBC lawyer 2020-03-30 found breached

    Rule 4-29 Admission of Conduct and Undertaking to Discipline Committee | Summary

    Rule 4-29 Admission of Conduct and Undertaking to Discipline Committee | Summary 1 PDF View decision
  • Gray, Ventry Rollo Wakefield
    OLSC barrister 13th Floor St James Hall 2020-03-26 rule cited

    1: Breached Rule 101(h) of the Legal Profession Uniform Conduct (Barristers) Rules - Briefs which must be refused or must be returned - for the recovery of costs from former client 2: Breached Rule 101(g) of the Legal P…

    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
  • Nagle, Peter Richard
    OLSC barrister [2019] NSWCATOD 26 2019-02-19 found breached

    1. Borrowed money from his client - breach r 47 of the of NSW Barristers’ Rules 2014 2. Failed to disclose to his client all matters required to be disclosed in the case of a direct access retainer between a barrister a…

    Costs Reprimand Waive fees $0.00 Proceedings Instituted 1 PDF View decision
  • Rose Elizabeth Egarr & Andrew Walsh
    SDT solicitor 11596/2017 2017-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Fine, Strike off 1 PDF View decision
  • Stephen John Ellis
    SDT solicitor 11512/2016 2016-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Victoria Emma Craig
    SDT solicitor 11519/2016 2016-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Gerard Tierney
    SSDT solicitor Gerard Tierney, formerly of G Tierney & Co, Boswell Legal Chambers, 189 Main Street, Auchinleck and presently residing at 13 Park Avenue, Prestwick 2015-12-16 found breached
    strike_off No Appeal 1 PDF View decision
  • Alexander Gibbons
    LSI solicitor Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork 2015-10-19 text match

    In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT119/12; 5839/DT147/12; 5839/…

    strike_off View decision
  • Oliver Hanrahan
    LSI solicitor Hanrahan Rynne Solicitors, 3B Riverside Business Park, Ennis, Co Clare 2015-01-26 found breached

    In the matter of Oliver Hanrahan, solicitor, formerly practising as Hanrahan Rynne Solicitors, 3B Riverside Business Park, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2011 [9381/DT12/14 and High Court…

    strike_off View decision
  • Anthony Alabi
    SDT solicitor 11378/2015 2015-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • James Kelly
    SSDT solicitor James Kelly, Solicitor, Dunnet House, Saline, Fife 2014-06-03 found breached
    strike_off No Appeal 1 PDF View decision
  • Mishal Abrahams
    LSBC lawyer 2013-09-26 text match

    Agreed Statement of Facts

    Agreed Statement of Facts View decision
  • Lawrence L. Haynes
    GLC attorney 140 of 2009 2013-05-04 rule cited

    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…

    Restitution ordered 1 PDF View decision
  • KENNETH PAUL BATES
    LPBWA lawyer 1st Floor, International House 26 St Georges Terrace PERTH WA 6000 Legal Profession Complaints Committee v Bates [2012] WASAT 2012-07-20 found breached

    Unsatisfactory Professional Conduct

    Unsatisfactory Professional Conduct 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.