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discipline 30 September 2026

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.

56 cases 54% strike-off 2 with dishonesty finding

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: ...
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.
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.
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.
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.
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.
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.
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.
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 ...
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
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.
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.

Cases dealing with this duty

Clear

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

  • Mohammed Riaz
    SDT solicitor 10112/2008 2008-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Hossein Gharaie
    SDT solicitor 9981/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Rasif David
    SG-DT lawyer David Rasif & Partners 2007-11-15 rule cited
    Struck off the roll with immediate effect 1 PDF View decision
  • Graham, Ian Douglas
    OLSC solicitor (Formerly) Ian D Graham & Associates [2007] NSWADT 67 2007-03-29 text match

    1. Wilful breaches of Section 61 of the Legal Profession Act 1987 - handling of trust moneys 2. Wilful breaches of Section 62 of the Legal Profession Act 1987 - keeping of trust accounts 3. Misappropriation of trust mon…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Malcolm Congreve Brown
    SDT solicitor 9646/2007 2007-01-01 text match

    Client Money, Criminal Convictions, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Kojo Asare
    SDT solicitor 9766/2007 2007-01-01 found breached text match

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

    Strike off 1 PDF View decision
  • Jane Elizabeth Loveday
    SDT solicitor 9439/2006 2006-01-01 text match

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

    Strike off 1 PDF View decision
  • Munasinghe Mabarana
    SDT solicitor 9370/2005 2005-01-01 found breached

    Breaches, Failures

    Suspend - Indefinite 1 PDF View decision
  • Stuart Samual Garcia & John Martin
    SDT solicitor 9193 2005-01-01 found breached

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

    Strike off 1 PDF View decision
  • Dennis Alphonso Cummings-John
    SDT solicitor 9301/2005 2005-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Susan Anne Manchester
    SDT solicitor 8975/2004 2004-01-01 text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Hovan, George Leslie
    OLSC solicitor Hovan & Co [2003] NSWADT 208 2003-09-08 found breached

    1. Fail to provide accounts 2. Fail to disclose costs 3. Fail to respond to letters 4. Fail to keep accounts 5. Fail to comply with request of Inspector 6. Breach of Section.61 of the Legal Profession Act 1987 - handlin…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Quan Chee Seng Michael
    SG-DT lawyer M/S Michael Quan & Kenneth Lee 2003-05-23 rule cited
    Struck off the roll with immediate effect 1 PDF View decision
  • Roberts, Dai Peter
    OLSC solicitor Mark Rumore Solicitors [2003] NSWADT 101 2003-05-13 text match

    Professional Misconduct 1. Gross negligence & delay/gross delay 2. Failed to comply with a Notice under Section 152 of the Legal Profession Act 1987 3. Misappropriated trust monies 4. Breached Section 61 of the Legal Pr…

    Compensation Order Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Michael Robert Taylor
    SDT solicitor 8813/2003 2003-01-01 text match

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

    Suspend - Indefinite 1 PDF View decision
  • Robert Harvey Greenfield and James Smithson
    SDT solicitor 8787/2003 2003-01-01 text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Ian Peter Moss
    SDT solicitor 8773/2003 2003-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Mohammed Irshad
    SDT solicitor 8537/2002 2002-01-01 text match

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

    Strike off 1 PDF View decision
  • Peter William Silver
    SDT solicitor 8308/2001 2001-01-01 text match

    Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • Philip William Holliday
    SDT solicitor 8265/2000 2000-01-01 found breached text match

    Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Christopher Tedleff John Sawyer
    SDT solicitor 7322/1997 1997-01-01 text match

    Breaches, Criminal Convictions, Failures

    Strike off 1 PDF View decision
  • Richard Llewelyn Sutton Owen
    SDT solicitor 7365/1997 1997-01-01 text match

    Client Money, Delays, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • William Ellis Crawford
    SDT solicitor 7283/1996 1996-01-01 text match

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

    Strike off 1 PDF View decision
  • Richard Donnellan
    SDT solicitor 7299/1996 1996-01-01 found breached text match

    Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Graham Stanley Hessell
    SDT solicitor 7132/1996 1996-01-01 text match

    Client Money, Failures, Solicitors' Accounts Rules, Others

    Strike off 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.