The duty in context
Safeguard documents and limit liens money
On completion or termination the lawyer must deliver up client documents and property as soon as reasonably possible, retaining or destroying files only per retention rules, and may exercise any lien only as properly permitted.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 4.2 partial 76 cases
4.2 You safeguard money and assets entrusted to you by clients and others.
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC131 partial
rC131 Save where otherwise agreed: .1 you shall be entitled to copy all documents received from your lay client, and to retain such copies; .2 you shall return all documents received from your lay client on demand, whether or not you have been paid for any work done for the lay client;
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.4.2(d); R.4.3(g); R.4.8 partial
reasonable details about the recovery of unpaid costs (at the point of termination), the ownership of documents and timescales for the destruction of files and data... details of the circumstances in which the attorney-at-law or recognised law entity may be entitled to exercise a lien for unpaid fees and disbursements
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 14.1; 14.2; 15.1 strong 19 cases
14.1 ...upon completion or termination of the law practice's engagement: the client or former client... is given any client documents... as soon as reasonably possible when requested to do so by the client, unless there is an effective lien. 14.2 A solicitor or law practice may destroy client documents after a period of 7 years... 15.1 ...when a solicitor claims to exercise a lien for unpaid legal costs over client documents which are essential to the client's defence or prosecution of current proceedings...
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 Ch10 — The solicitor's lien on monies; Ch7 — The file belongs to the client strong 38 cases
A solicitor cannot exercise a lien on monies coming into the solicitor's control if the monies were sent to him for a specific purpose, such as for the payment of stamp duty. If a solicitor holds monies in the client account that are greater than the amount due to the solicitor, the exercise of the lien should be limited to the amount due... Once the fees and outlay of a solicitor have been paid, the file belongs to 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 6.10; Rule 3.7(c)-(d) strong 38 cases
The papers in any brief or instructions delivered to a Barrister are the property of the client. Barristers have no right without the consent of the client or solicitor to lend them or reveal their contents to any person save in accordance with Rule 3.7. At the conclusion of the case Barristers should return the papers to the instructing solicitor (if there is an instructing solicitor), unless otherwise agreed.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon IV(o)(iii); Canon VII(c) strong 19 cases
[on withdrawal] (iii) delivering to the client all documents and property to which he is entitled ... [VII(c)] Nothing in these Canons shall deprive an Attorney of any recourse or right whether by way of lien, set-off, counter-claim, charge or otherwise against monies standing to the credit of a client's account maintained by that Attorney.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.1.2 e); R.1.3 h); R.1.10; G.1.33 strong
All files or records of any material matter shall be retained by a member's firm... for at least 11 years from the last material entry... a member... shall... deliver to the client all papers or property to which the client is entitled, or otherwise held to the client's order. The handing over of documents... must be in accordance with the provisions of Annex 1. The client must be advised in writing of... the ownership of documents and timescales for the destruction of files/data... and... details of the circumstances in which the member, employee or firm may be entitled to exercise a lien for unpaid fees and disbursements.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.7-9(b); r 3.5-2 commentary [2] strong
3.7-9(b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled. [3.5-2 cmt 2: the lawyer ... should, subject to any rights of lien, promptly return them to the client upon request or at the conclusion of the lawyer's retainer.]
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.7-9(b) strong 1 case
On discharge or withdrawal, a lawyer must, as soon as practicable: ... (b) subject to the lawyer's right to a lien, deliver to or to the order of the client all papers and property to which the client is entitled;
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 4.4.1 / r 4.4.2 strong
Subject to any statutory provisions to the contrary, upon changing lawyers a client has the right ... to uplift all documents, records, funds, or property held on the client's behalf. The former lawyer must act upon any written request to uplift documents without undue delay subject only to any lien that the former lawyer may claim.
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 no clear equivalent
HK Solicitors Solicitors' Guide Principle 5.23 strong
On termination a solicitor should, subject to any lien, promptly deliver to the client or his new solicitor all papers and property to which the client is entitled or hold them to his order and account for all funds of the client then held by the solicitor.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 7.13(c)(viii) partial
When no longer required, all confidential material should be disposed of securely, for example, by returning it to the person instructing the barrister, shredding papers, permanently erasing information stored electronically and securely disposing of any electronic devices which hold confidential information.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
161 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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Alastair James McGregor Gilfillan
Breaches
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Chad Everett ROWE
28 Charges of professional misconduct proven
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Michael John Elsdon
Breaches, Failures, Solicitors' Accounts Rules
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Thomas G Myles
In the matter of Thomas G Myles, a solicitor formerly practising as Myles & Co, Solicitors, 21 Hillside, Monaghan, Co Monaghan, and in the matter of the Solicitors Acts 1954-2011 [4961/DT110/14 and High Court record 201…
strike_off View decision -
Robert Sweeney
In the matter of Robert Sweeney, a solicitor previously practising as Robert Sweeney, First Floor, Crossview House, High Road, Letterkenny, Co Donegal, and in the matter of the Solicitors Acts 1954-2011 [10658/DT130/14;…
strike_off 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 -
Raymond St John O’Neill
In the matter of Raymond St John O’Neill, a solicitor practising under the style and title of Raymond St J O’Neill & Co, 27/29 Washington Street, Cork, and in the matter of the Solicitors Acts 1954-2011 [3138/DT143/11; …
conditions View decision -
Paul Lambert
In the matter of Paul Lambert, a solicitor practising as Merrion Legal, Solicitors & Community Trademark Agents, Suite 12, Butlers Court, Sir John Rogerson’s Quay, Dublin 2, and in the matter of the Solicitors Acts 1954…
strike_off View decision -
Gail Susan HINSCHEN
Guilty of professional misconduct on 1 charge. Guilty of unsatisfactory professional conduct on 1 charge.
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Kevin O'Keeffe
In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA] …
conditions View decision -
Fergus Appelbe
In the matter of Fergus Appelbe, solicitor, formerly practising in the firm of PJ O’Driscoll, 41 South Main Street, Bandon, Co Cork, and now practising as Appelbe & Co, Solicitors, 34 South Main Street, Bandon, Co Cork,…
conditions View decision -
John JA Rynne
In the matter of John JA Rynne, solicitor, formerly practising as Rynne Hanrahan & Associates, Abbington House, 4 Limerick Road, Ennis, Co Clare, and in the firm of Hanrahan Rynne Solicitors, 3B Riverside Business Park,…
strike_off View decision -
Angela Farrell
In the matter of Angela Farrell, a solicitor formerly practising as Farrell Solicitors, 28 North Great George’s Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2011 [6102/DT112/13 and 2014 no 57SA] Law S…
strike_off View decision -
David Walsh
In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT41/10 and 2014 no 37 …
strike_off View decision -
Aiden Barry
In the matter of Aiden Barry, solicitor, formerly practising as Aiden Barry Solicitor, Roche House, 8 Bank Place, Limerick, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [7243/DT65/13 and High Court re…
strike_off View decision -
Michele O'Keeffe
In the matter of Michele O’Keeffe, a solicitor previously practising as Michele O’Keeffe & Company, 1 Cornmarket Street, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2011 [8246/DT151/12 and 2013 no 109…
strike_off View decision -
Stephen John Chubb
Breaches, Failures, Others
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Adrian Patrick Shaun Dann
Breaches, Failures, Others, Solicitors' Accounts Rules
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Donovan, Michael Stephen
1. Failing to comply with a direction as to release of trust funds 2. Improperly exercising a lien over trust funds — 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 -
Lawrence L. Haynes
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…
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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/DT120/11 and High Court r…
strike_off View decision -
Jacqueline M Durcan
In the matter of Jacqueline M Durcan, solicitor, formerly practising as Durcans Solicitors, 1 Hazel Grove, Spencer Park, Castlebar, Co Mayo, and in the matter of the Solicitors Acts 1954-2008 [7083/DT86/11 and 2012 no 7…
strike_off View decision -
Gabrielle M Dalton
In the matter of Gabrielle M Dalton, a solicitor formerly practising under the style and title of Gabrielle Dalton & Associates, 21 Otteran Place, South Parade, Waterford, and in the matter of the Solicitors Acts 1954-2…
other View decision -
Noel Brennan
In the matter of Noel Brennan, a solicitor formerly practising as a partner in Joy Brennan & Company, Solicitors, at 1 New Quay, Clonmel, Co Tipperary, and in the matter of the Solicitors Acts 1954-2008 [4028/DT21/11 an…
fine View decision -
Chrystine A. Bernard
Struck off | Disciplinary Committee decision delivered April 14, 2012. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL Complaint No. 102/2011 IN THE MATTER of a Complaint against Chrystine W…
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.