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discipline 30 September 2026

The duty in context

Advise on alternatives, settlement and outcome client

The lawyer must inform the client of reasonably available alternatives to contested adjudication (such as mediation/ADR) and fully communicate settlement offers and likely net outcomes so the client can decide.

141 cases 61% strike-off avg suspension 42.2 mo avg fine 13,700 52 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 8.6 partial 100 cases
8.6 You give clients information in a way they can understand. You ensure they are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them.
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 7.2 strong 9 cases
A solicitor must inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client, unless the solicitor believes on reasonable grounds that the client already has such an understanding of those alternatives as to permit the client to make decisions about the client's best interests in relation to the matter.
AU Barristers Uniform Barristers Rules rr38-40 strong 8 cases
A barrister must inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client, unless the barrister believes on reasonable grounds that the client already has such an understanding of those alternatives.
IE Solicitors Law Society Guide Ch2 — Litigation, arbitration and mediation; Ch5 — Duty of solicitors to encourage mediation and ADR; Ch10 — Explanations to client during settlement negotiations strong 16 cases
Solicitors must provide their client with information on mediation as a means of resolving disputes unless the circumstances deem it inappropriate to do so... To enable a client to make an informed decision about the settlement on offer, the solicitor should explain matters as fully as possible to the client, including the likely deductions that will be made from the settlement figure.
IE Barristers Bar Code of Conduct Rule 3.26 partial 16 cases
Where a Barrister receives on behalf of a client an offer of settlement and the client is available for consultation and to instruct the Barrister, the Barrister, in the presence of the solicitor, shall inform the client fully of all the terms of the offer.
JM Attorneys Canons of Professional Ethics Canon III(i) partial
An Attorney shall not by his actions stir up strife or litigation, and where it is in the interest of his client he shall seek to obtain reasonable settlements of disputes.
JE Lawyers Law Society of Jersey Code G.1.25 partial
Depending on the nature of the instruction, it may be necessary to provide additional costs/fees information, for example, ensuring that clients understand the cost implications of any offers of settlement, including details of the costs to be deducted and how the figures are calculated.
ON Lawyers LSO Rules of Prof. Conduct r 3.2-4; r 3.2-4 commentary [1] strong
3.2-4 A lawyer shall advise and encourage the client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and shall discourage the client from commencing or continuing useless legal proceedings. [Commentary [1]: It is important to consider the use of alternative dispute resolution (ADR). When appropriate, the lawyer should inform the client of ADR options and, if so instructed, take steps to pursue those options.]
BC Lawyers BC Code r 3.2-4 strong
A lawyer must advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and must discourage the client from commencing or continuing useless legal proceedings.
NZ Lawyers Conduct & Client Care Rules r 13.4 strong
A lawyer assisting a client with the resolution of a dispute must keep the client advised of alternatives to litigation that are reasonably available ... to enable the client to make informed decisions regarding the resolution of the dispute.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 10.17 strong
A litigation solicitor needs to keep in mind that a settlement may be in his client's interests and to advise and act accordingly. ... a solicitor should ... inform his client of a settlement offer made by the opposing party and give his opinion of its merits ... A litigation solicitor should consider and if appropriate advise his client on alternative dispute resolution procedures such as mediation.
HK Barristers Bar Code of Conduct para 10.27 partial
Where appropriate, a practising barrister should consider with his clients the possibility of attempting to resolve a dispute or any particular issue thereof by way of mediation.

Cases dealing with this duty

Clear

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

  • David Walsh
    LSI solicitor David Walsh & Co, Solicitors, 12 Mount Street, Mullingar, Co Westmeath 2015-01-12 found breached

    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/DT116/13 and High Court…

  • Paul Anthony Gibbon
    SDT solicitor 11376/2015 2015-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • John JA Rynne
    LSI solicitor Rynne Hanrahan & Associates, Abbington House, 4 Limerick Road, Ennis, Co Clare, and Hanrahan Rynne Solicitors, 3B Riverside Business Park, Ennis, Co Clare 2014-06-30 found breached

    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
  • James Kelly
    SSDT solicitor James Kelly, Solicitor, Dunnet House, Saline, Fife 2014-06-03 found breached
    strike_off No Appeal 1 PDF View decision
  • Annan (Formerly John Ebenezer Eyeson-Annan), John Ebow
    OLSC barrister [2014] NSWCATOD 41 2014-04-30 found breached

    1. Practising as a Migration Agent whilst disqualified from doing so by virtue of a decision of the Migration Agents Review Authority 2. Falsely represented himself to a client as being a Migration Agent without disclos…

    Costs Removal of practitioner's name from the Roll of Local Lawyers (08/10/2014 Disciplinary Action) $0.00 Proceedings Instituted View decision
  • Gregory F O'Neill
    LSI solicitor Greg O’Neill, Solicitors, Suite 109, The Capel Building, Mary’s Abbey, Dublin 7 2014-03-03 found breached

    In the matter of Gregory F O’Neill, solicitor, formerly practising as Greg O’Neill, Solicitors, Suite 109, The Capel Building, Mary’s Abbey, Dublin 7, and in the matter of the Solicitors Acts 1954-2011 [3365/DT123/11 an…

    strike_off View decision
  • KAREN ALETHEA MULLALLY WROUGHTON
    LPBWA lawyer PO Box 198 LEEDERVILLE WA 6903 Legal Profession Complaints Committee v Wroughton [2013] WASAT 191 and [2013] WASAT 191 (S) 2013-11-27 found breached

    Unsatisfactory Professional Conduct

    Unsatisfactory Professional Conduct 2 PDFs View decision
  • John O'Callaghan
    BTAS barrister Gray's Inn 2013-11-12 found breached
    strike_off Final 1 PDF View decision
  • Brian Johnston
    LSI solicitor Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth 2013-06-10 found breached

    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/DT95/11 and High Court re…

    strike_off View decision
  • Mee Ling, Paul Adrian
    OLSC solicitor Mee Ling [2012] NSWADT 146 2012-07-25 found breached

    Application no. 102024: 1. Failure to comply with undertaking 2. Failure to comply with condition on practising certificate 3. Failure to respond to the Society’s correspondence Application no. 102025: 1. Failure to pay…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Katherine MA Ryan
    LSI solicitor Ryan & Company, 42 Woodley Park, Kilmacud, Dublin 14 2012-03-26 found breached

    In the matter of Katherine MA Ryan, a solicitor formerly practising under the style and title of Ryan & Company, Solicitors, at 42 Woodley Park, Kilmacud, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [6…

    strike_off View decision
  • CARMEL MARY FITZPATRICK
    LPBWA lawyer PO Box 812 MANDURAH WA 6210 Legal Profession Complaints Committee v Fitzpatrick [2011] WASC 320 2011-08-30 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • English, Martin Francis
    OLSC solicitor (Formerly) English Kearns (2004) 2011-03-02 found breached

    1. Breached an undertaking to the Legal Services Commissioner 2. Practised without a Practising Certificate 3. Failed to account 4. Wilfully breached Section 61 of the Legal Profession Act 1987 - handling of trust money…

    Conditions on Practising Certificate Costs Reprimand $0.00 Proceedings Instituted View decision
  • Richard James Burley (J)
    SDT solicitor 10789/2011 2011-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Andrew Gibb
    SDT solicitor 10882/2011 2011-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Joseph Traynor
    LSI solicitor Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth 2010-07-05 found breached

    In the matter of Joseph Traynor, solicitor, formerly practising as Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [5554/DT01/10 and High Court…

    strike_off View decision
  • Michael J Murphy
    LSI solicitor MJ Murphy & Co, Solicitors, 25 Lower Salthill, Galway, Co Galway 2010-06-14 found breached

    In the matter of Michael J Murphy, a solicitor formerly practising as MJ Murphy & Co, Solicitors, 25 Lower Salthill, Galway, Co Galway, and in the matter of the Solicitors Acts 1954-2008 [4803/DT119/08 and High Court re…

    strike_off View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT90/08 and High Court record …

    strike_off View decision
  • Barrie Nigel Barker
    SDT solicitor 10512/2010 2010-01-01 found breached

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

    Strike off 1 PDF View decision
  • Gbenga Adedapo Ogunrinde
    SDT solicitor 10423/2010 2010-01-01 found breached

    Breaches, Others

    Strike off 1 PDF View decision
  • Alexander David Winterton & Michael Miller
    SDT solicitor 10481/2010 2010-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Joanne Grace
    SDT solicitor 10450/2010 2010-01-01 found breached

    Breaches, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • C T Weeden
    SDT solicitor 10561/2010 2010-01-01 found breached

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • John B McGlynn
    LSI solicitor 11 Castle Street, Athlone, Co Westmeath 2009-02-16 found breached

    In the matter of John B McGlynn, a solicitor formerly carrying on practice as John McGlynn & Company at 11 Castle Street, Athlone, Co Westmeath, and in the matter of the Solicitors Acts 1954-2002 [7068/DT90/07 and High …

    strike_off View decision
  • Neil Bashir
    SDT solicitor 10252/2009 2009-01-01 found breached

    Breaches, 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.