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discipline 4 October 2026

The duty in context

No baseless or threatened misconduct report profession

The lawyer must not make or threaten a professional-misconduct allegation or report without a genuine, reasonably held and bona fide belief that it applies.

505 cases 43% strike-off avg suspension 15.0 mo avg fine 83,213 198 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook rC67 strong 28 cases
rC67 You must never make, or threaten to make, a report under Rule rC66 without a genuine and reasonably held belief that Rule rC66 applies.
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 32.1 strong 198 cases
A solicitor must not make an allegation against another Australian legal practitioner of unsatisfactory professional conduct or professional misconduct unless the allegation is made bona fide and the solicitor believes on reasonable grounds that available material by which the allegation could be supported provides a proper basis for it.
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide no clear equivalent
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code no clear equivalent
ON Lawyers LSO Rules of Prof. Conduct r 3.2-5(b); r 7.1-3 commentary [1] partial
3.2-5 A lawyer shall not, in an attempt to gain a benefit for a client, threaten, or advise a client to threaten, without reasonable and lawful justification ... (b) to make a complaint to a regulatory authority. [7.1-3 commentary [1]: In all cases, the report must be made without malice or ulterior motive. 3.2-5 commentary [1]: It is an abuse of the process of a court or, ordinarily, a regulatory authority to threaten to make or advance a charge or complaint in order to secure the satisfaction of a private grievance.]
BC Lawyers BC Code r 7.1-3, commentary [2] partial 37 cases
Nothing in this paragraph is meant to interfere with the lawyer-client relationship. In all cases, the report must be made without malice or ulterior motive.
NZ Lawyers Conduct & Client Care Rules r 2.10 strong
A lawyer must not use, or threaten to use, the complaints or disciplinary process for an improper purpose.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 29 (Allegations against another legal practitioner) partial 6 cases
29 Allegations against another legal practitioner
HK Solicitors Solicitors' Guide no clear equivalent
HK Barristers Bar Code of Conduct para 10.50 partial
A practising barrister shall not make any allegation of misconduct or dishonesty against another barrister unless such allegation is supported by reasonably credible evidence.

Cases dealing with this duty

Clear

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

  • Doherty, Peter John
    OLSC solicitor (Formerly) Lloyd Lancaster Pty Ltd [2009] NSWADT 296 2009-11-30 found breached

    1. Breach Section 255 of the Legal Profession Act 2004 - holding, disbursing and accounting for trust money 2. Misappropriation of trust monies 3. Knowingly mislead the client 4. Unreasonable delay 5. Failure to account…

    Additional Orders made by the Tribunal (see Tribunal decision) Conditions on Practising Certificate Costs Cancellation of practising certificate from 25 September 2009 to 25 September 2010 $0.00 Appeal Status: Dismissed Appeal Decision View decision
  • Ian George Marsh RICHARDSON
    LSC-QLD solicitor KRG Conveyancing 2009-11-11 found breached

    Guilty of professional misconduct on 2 charges. Guilty of unsatisfactory professional conduct on 1 charge.

    other 1 PDF View decision
  • Colin CHADWICK
    LSC-QLD solicitor Winchester Young and Maddern 2009-08-06 found breached

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • Patrick Brendan CAIN
    LSC-QLD solicitor Lynch & Associates 2009-08-06 found breached

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • Georgette May Scott
    GLC attorney 118 of 2008 2009-07-30 found breached

    Appeal dismissed, Disciplinary Committee Decision affirmed | Court of Appeal decision delivered July 30, 2009. View PDF JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO. 118/2008 BEFORE THE HON. MR. JUSTICE …

    Appeal dismissed, Disciplinary Committee Decision affirmed 1 PDF View decision
  • MARTIN LEE SEGLER
    LPBWA lawyer 572 Hay Street PERTH WA 6000 Legal Practitioners Complaints Committee v Segler [2009] WASAT 91 and [2009] WASAT 91 (S) 2009-07-02 found breached

    Unsatisfactory Conduct by Unprofessional Conduct

    Unsatisfactory Conduct by Unprofessional Conduct 2 PDFs View decision
  • Slowgrove, Bradley
    OLSC barrister [2009] NSWADT 150 2009-06-19 found breached

    1. He settled and advised the sending of a letter by his instructing solicitor to a Magistrate to discourage the Magistrate from sitting and the letter was intended to inappropriately influence, or attempt to influence,…

    Removal of practitioner's name from the Roll of Local Lawyers Reprimand $0.00 1 PDF View decision
  • Robin Carl TAMPOE
    LSC-QLD solicitor Hoolihans Lawyers (now defunct) 2009-06-05 found breached

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • Brynly Whyford THOMAS
    LSC-QLD solicitor Thomas Solicitors (now defunct) 2009-05-07 found breached

    Guilty of professional misconduct on 2 charges. Guilty of unsatisfactory professional conduct on 4 charges.

    other 1 PDF View decision
  • Jeffrey Leslie GARRETT
    LSC-QLD solicitor Attwood Marshall 2009-05-01 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Miller, James Mathew
    OLSC barrister (Formerly) Blackstone Chambers 2009-04-02 found breached

    1, Failure to compoly with Notices issued under Section 660 of the Legal Profession Act 2004 2. Failure to provide to the Bar Council written Notice in respect of Show Cause events under Section 67(2)(a) of the Legal Pr…

    Cancellation 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
  • Mimi Mankiu Luk
    LSBC lawyer 2009-04-02 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts 1 PDF View decision
  • David Steven SORBAN
    LSC-QLD solicitor Sciaccas Lawyers 2009-02-19 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Dean George FARNHAM
    LSC-QLD solicitor Complete Legal Solutions 2009-02-18 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Mark Ian GREGORY
    LSC-QLD solicitor McCormick Lawyers 2009-02-17 found breached

    Guilty of unsatisfactory professional conduct on 1 charge. Guilty of professional misconduct on 10 charges.

    other 1 PDF View decision
  • Sean Petrie Allen COUSINS
    LSC-QLD barrister 2009-02-05 found breached

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Nazneen Raza Suleman
    SDT solicitor 10177/2009 2009-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • S Aziz
    SDT solicitor 10346/2009 2009-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • J J Patel
    SDT solicitor 10347/2009 2009-01-01 found breached

    Breaches, Failures, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Jean Francis-Passley
    SDT solicitor 10181/2009 2009-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • S Mireskandari & C S Turbin
    SDT solicitor 10411/2009 2009-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Andrew Herbert Wettern
    SDT solicitor 10379/2009 2009-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Alan Matthew Avetoom & Another
    SDT solicitor 10208/2009 2009-01-01 found breached

    Breaches, Client Money, Delays, Failures, Solicitors' Accounts Rules, Others

    Reprimand, Strike off 1 PDF View decision
  • Mahmood Ali & Montague Mason Solicitors Ltd
    SDT solicitor 10330/2009 2009-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • James Darren GRIFFITHS
    LSC-QLD barrister N/A 2008-12-19 found breached

    Guilty of professional misconduct on 3 charges.

    other 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.