The duty in context
Act only on proper, lawful instructions client
The lawyer must act only on the client's lawful, proper and competent instructions, satisfying themselves the instructions reflect the client's genuine wishes.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 3.1 strong 40 cases
3.1 You only act for clients on instructions from the client, or from someone properly authorised to provide instructions on their behalf. If you have reason to suspect that the instructions do not represent your client's wishes, you do not act unless you have satisfied yourself that they do.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC21.6; rC15.1 partial 3 cases
rC21 You must not accept instructions to act in a particular matter if: ... .6 your instructions require you to act other than in accordance with law or with the provisions of this Handbook; rC15.1 you must promote fearlessly and by all proper and lawful means the client's best interests;
BSB Handbook Part 2: Code of Conduct · 5.0 · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.4.1(c)(i); R.4.1(c)(vi) strong
shall not act in the following circumstances — (i) if by acting, the attorney-at-law will knowingly assist in or commit a breach of the law, regulations or the rules of professional conduct (including this Code)... the attorney-at-law is not satisfied that the instructions represent the client's wishes and that the client understands the consequences of those instructions
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rule 8.1 strong 27 cases
A solicitor must only accept and follow a client's lawful, proper and competent instructions.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules r39 partial 6 cases
A barrister must seek to assist the client to understand the issues in the case and the client's possible rights and obligations, sufficiently to permit the client to give proper instructions, including instructions in connection with any compromise of the case.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch1 — The function of the solicitor in society; Ch2 — Instructions to be taken directly from the client strong 1 case
Solicitors are under a duty to exercise their professional skill and judgement when acting on instructions. A solicitor must then advise on whether what is required is proper and legal... A solicitor should take instructions directly from the client. Where instructions are first received from a third party, the instructions should be confirmed directly with 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 5.5; Rule 4.1 partial 1 case
A Barrister must not devise facts which will assist in advancing the client's case and must not draft any pleading, witness statement, affidavit, notice of appeal or any other document containing any statement of fact or contention which is not supported by the client's instructions.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon III(f); Canon IV(q)(ii) partial 17 cases
An Attorney shall not act contrary to the laws of the land, or aid, counsel or assist any man to break those laws. ... [IV(q)] An Attorney shall withdraw forthwith from employment ... (ii) where the client seeks to pursue a course of conduct which is illegal or which will result in deliberately deceiving the Court.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.1.1 c)i), iii) strong
A member... must not act in the following circumstances: i) if by acting, he or she will knowingly assist in or commit a breach of the law, regulations or the rules of professional conduct... iii) if instructions are given by someone other than the client, or by one person on behalf of others in a joint matter, he or she is unable to obtain confirmation that the client or all of the clients agree with the instructions given.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.2-3 commentary [1]; r 3.7-7(b) partial
[3.2-3 cmt 1] given that an organization depends upon persons to give instructions, the lawyer should ensure that the person giving instructions for the organization is acting within that person's actual or ostensible authority. [3.7-7: a lawyer shall withdraw if ... (b) the client's instructions require the lawyer to act contrary to these rules or by-laws under the Law Society Act.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.2-3, commentary [1] partial 1 case
While the organization or corporation acts and gives instructions through its officers, directors, employees, members, agents or representatives, the lawyer should ensure that it is the interests of the organization that are served and protected. Further, given that an organization depends on persons to give instructions, the lawyer should be satisfied that the person giving instructions for the organization is acting within that person's authority.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.3 strong
Subject to the lawyer's overriding duty to the court, a lawyer must obtain and follow a client's instructions on significant decisions in respect of the conduct of litigation. Those instructions should be taken after the client is informed by the lawyer of the nature of the decisions to be made and the consequences of them.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct B1.5 strong 13 cases
You are the agent of your client and must have the authority of your client for your actings. You must not accept improper instructions
Law Society of Scotland — Practice Rules 2011, Rule B1 (Standards of Conduct) · 2011 · archived copy · official source ↗
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 5.02 / Principle 5.12 Commentary 2 strong
A solicitor must not act or continue to act where to do so would involve him in a breach of law or in professional misconduct. ... A solicitor must act within his client's express or implied authority.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 6.2(c) partial
if the instructions seek to limit the ordinary authority or discretion of a barrister in the conduct of proceedings in Court or to require a barrister to act otherwise than in conformity with the law or with the provisions of this Code;
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
104 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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David Alan McHenry
Guilty of professional misconduct
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Lassen E.St.E. Harvey
Guilty of Professional Misconduct | Disciplinary Committee decision delivered December 13, 2018. || Fined, Compensation ordered | Disciplinary Committee decision delivered July 09, 2019. View PDF DECISION OF THE DISCIPL…
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Osman, Zenah
1. Attempt to mislead the Federal Court 2. Affirming a false affidavit 3. Serving a false affidavit 4. Make false and misleading representations to other legal practitioners 5. Purported to act for organisations or pers…
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Michael Kenneth Smith
Breaches, Failures
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Berger, Victor
1. Failure to make costs disclosure to clients 2. Breach undertakings to Legal Services Commissioner 3. Purporting to act under power of attorney after donor of power died 4. Purporting to act as exectuor when no grant …
Costs Removal of lawyer's name from the Roll of Local Lawyers $0.00 Appeal Status: Dismissed Appeal Decision 3 PDFs View decision -
Mccartney, Duncan Grant
Executed a Withdrawal of Caveat on a property without instructions to do so — Unsatisfactory Professional Conduct
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Daimian Masters
Struck off again, Restitution Ordered | Disciplinary Committee decision delivered June 24, 2017. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 23, 2016 View PDF FORMAL ORDER OF TH…
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Ivor George Peynado
Guilty | Disciplinary Committee decision delivered June 24, 2017. || Suspended | Disciplinary Committee decision delivered April 17, 2019. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COM…
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Hocking, Bruce Percy
1. Breach of s255 LPA 2004 - Mishandling of trust money 2. Failing to account for funds received on client's behalf 3. Misappropriation 4. Mislead clients 5. Overcharging 6. Acting without instructions 7. Breaching Cour…
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John Richard Killington
Breaches
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Richard Thomas Clegg
Breaches, Failures
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Daimian Masters
Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 23, 2016. || Struck off again, Restitution Ordered | Disciplinary Committee decision delivered June 24, 2017. View PDF DECISION OF THE D…
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Orford, John Laurence
1. Falsely certified Transfer 2. Failure to check Transfer properly executed and certfiied prior to and at settlement 3. Failure to protect the interests of his clients 4. Acting without instructions — Professional Misc…
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Stephen Michael Tobin
Breaches
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Paul Anthony Gibbon
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Stephen Paul Kettlewell
Breaches, Others
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Angelovski, Lupco Vanchov
1. Failed to attend court to instruct Counsel when instructed to do so and when in receipt of a grant of Legal Aid to so attend 2. Failed to act in accordance with Legal Aid Practice Standards 3. Recklessly misled the O…
Additional Orders made by the Tribunal (see Tribunal decision) Reprimand $0.00 View decision -
Hancock, John Leslie
1. Acting without instructions 2. Making false and misleading representations 3. Directing a payment without entitlement to do so — Professional Misconduct
Costs Removal of practitioner's name from the Roll of Local Lawyers (13/08/2013 Disciplinary Action) $0.00 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/DT78/09 and High Court reco…
strike_off View decision -
David Rudolph Heinrich
Breaches, Client Money, Failures, Others
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William John Owen
Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules
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Andrew Gibb
Breaches, Failures, Others
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O'donnell, John Alexander
1. Wilfully breached Sections 255 and 264 of Legal Profession Act 2004 - relating to trust funds 2. Wilfully breached Section 264 of the Legal Profession Act 2004 - handling of trust moneys 3. Misappropriated funds 4. F…
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.