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discipline 3 October 2026

The duty in context

Proper basis for allegations court

The lawyer must not allege fact, fraud, criminality or serious misconduct, or put credit suggestions, without reasonable grounds providing a proper basis and (for serious allegations) the client's instructions.

510 cases 67% strike-off avg suspension 19.2 mo avg fine 48,843 343 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 2.4 partial 353 cases
2.4 You only make assertions or put forward statements, representations or submissions to the court or others which are properly arguable.
E&W Barristers BSB Handbook rC7.3; rC9.2.c strong 32 cases
rC7.3 you must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless: .a you have reasonable grounds for the allegation; and .b the allegation is relevant to your client's case or the credibility of a witness; and .c where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary. rC9.2.c any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud;
Cayman Islands Legal Services Code 2026 R.2.5(c); R.3.2(b)(iii) strong
make a serious allegation against any person, or suggest that a person is guilty of a crime with which the attorney-at-law's client is charged unless — (i) there are reasonable grounds for the allegation; (ii) the allegation is relevant to the client's case or the credibility of a witness... any allegation of fraud, unless the attorney-at-law has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud
AU Solicitors Solicitors' Conduct Rules Rules 21.3; 21.4; 21.5 strong 57 cases
21.3 A solicitor must not allege any matter of fact in: ... unless the solicitor believes on reasonable grounds that the factual material already available provides a proper basis to do so. 21.4 A solicitor must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the solicitor believes on reasonable grounds that: 21.4.1 available material by which the allegation could be supported provides a proper basis for it; and 21.4.2 the client wishes the allegation to be made...
AU Barristers Uniform Barristers Rules rr63-64,66 strong 23 cases
A barrister must not allege any matter of fact ... unless the barrister believes on reasonable grounds that the factual material already available provides a proper basis to do so. A barrister must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the barrister believes on reasonable grounds that ... a proper basis for it; and ... the client wishes the allegation to be made.
IE Solicitors Law Society Guide Ch5 — Solicitor instructed in professional negligence proceedings partial 18 cases
A solicitor should not make allegations of professional negligence or issue proceedings alleging professional negligence in the absence of supportive independent expert evidence.
IE Barristers Bar Code of Conduct Rule 5.8; Rule 5.5 strong 18 cases
A Barrister shall not settle a pleading claiming fraud without express instructions and without having satisfied himself that there is or will be available at the trial of the action evidence to support such a claim.
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.3.5 c); R.4.2 b)iii) strong
Members must not: ... c) make a serious allegation against any person, or suggest that a person is guilty of a crime with which their client is charged unless: i) they have reasonable grounds for the allegation; and ii) the allegation is relevant to their client's case or the credibility of a witness... [R.4.2 b)iii)] not draft any... document containing... iii) Any allegation of fraud, unless the member has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud.
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(g) strong
When acting as an advocate, a lawyer shall not ... knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal
BC Lawyers BC Code r 5.1-2(g) strong 8 cases
When acting as an advocate, a lawyer must not: ... (g) knowingly assert as fact that which cannot reasonably be supported by the evidence or taken on judicial notice by the tribunal;
NZ Lawyers Conduct & Client Care Rules r 13.8.1 strong
A lawyer must not be a party to the filing of any document in court alleging fraud, dishonesty, undue influence, duress, or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensure that reasonable grounds for making the allegation exist.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 9 (Conduct of proceedings) partial 15 cases
9 Conduct of proceedings
HK Solicitors Solicitors' Guide Principle 10.03 Commentary 1 / Principle 10.07 Commentary 4 & 6 strong
Breaches of this Principle include: ... (b) knowingly asserting something as a fact for which there is no reasonable basis in evidence, or the admissibility of which must first be established ... This Principle also prohibits a solicitor from making or instructing a barrister to make an allegation which is scandalous. ... A solicitor should not, in a plea in mitigation, make or instruct a barrister to make an allegation which is likely to vilify or insult any person, without having first satisfied himself that there are reasonable grounds for making the statement.
HK Barristers Bar Code of Conduct para 10.23(a)-(b) strong
A practising barrister instructed to draft or settle a court document ... He may not:- (a) make any allegation unsupported by his instructions; (b) allege fraud unless he has clear instructions to make such allegation and he has before him reasonably credible material which, as it stands, establishes a prima facie case of fraud;

Cases dealing with this duty

Clear

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

  • (unnamed)
    SDT solicitor 12672/2024 2025-04-26 found breached

    Appeals

    S.44E/ S.46/Paragraph 14C Appeals 1 PDF View decision
  • Yousif, Alina
    OLSC solicitor [2025] NSWCA 77 2025-04-23 found breached

    1. Participating in a criminal group in contravention of s 93T(1) of the Crimes Act 1900 (NSW); 2. Using a false document with the intention of inducing a person to accept it as genuine and then to influence that person…

    Removal of lawyer’s name from the Roll of Australian lawyers $0.00 1 PDF View decision
  • Waheed Ur Rehman Mian
    SDT solicitor 12646/2024 2025-04-14 found breached

    Breaches, Code of Conduct 2011, Failures, SRA Principles 2011

    Suspend - Fixed Period 1 PDF View decision
  • David Baynon Crosby
    SDT solicitor 12658/2024 2025-03-14 found breached

    Breaches, Client Money, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, Misappropriation of Client Account, Solicitors Accounts Rules 2019, SRA Principles 2019

    Strike off 1 PDF View decision
  • Dennis Ko
    SDT solicitor 12538/2024 2024-12-23 found breached

    Breaches, Code of Conduct 2011, Money Laundering Regulations, Solicitors Accounts Rules 2011, SRA Principles 2011

    Fine 1 PDF View decision
  • Vo, Dung Quoc
    OLSC solicitor Vo Lawyers [2024] NSWCA 275 2024-11-22 found breached

    On 11 March 2022, the Respondent was convicted in the District Court of New South Wales of two counts of causing a financial disadvantage by deception under section 192E(1)(b) of the Crimes Act 1900 (NSW) (Crimes Act) a…

    Costs Removal of lawyer’s name from the Roll of Australian lawyers $0.00 1 PDF View decision
  • (unnamed)
    SDT solicitor 12607/2024 2024-11-15 found breached
    Variation of Conditions on Practising Certificate 1 PDF View decision
  • Mills Kirin
    LSC-QLD solicitor Seraphus Solicitors 2024-11-14 rule cited

    Respondent's conduct the subject of Charge 1 amounts to unsatisfactory professional conduct

    Fined 1 PDF View decision
  • Matthew Waterfield
    SDT solicitor 12586/2024 2024-10-28 found breached
    S.43 Order (clerks) 1 PDF View decision
  • Domenico Pisano
    SDT solicitor 12531/2023 2024-10-24 text match

    Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Failures, Lack of Integrity, SRA Principles 2019

    Strike off 1 PDF View decision
  • Philip Julian Paul Hyland
    SDT solicitor 12539/2024 2024-09-24 found breached rule cited

    Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019

    Fine 1 PDF View decision
  • Michael John Potter
    SDT solicitor 12584/2024 2024-09-19 found breached

    Criminal Convictions, Failures, SRA Principles 2019

    Strike off 1 PDF View decision
  • Joanne Elizabeth Allen
    SDT solicitor 12568/2024 2024-07-15 found breached

    Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, Lack of Integrity, SRA Principles 2019

    Strike off 1 PDF View decision
  • (unnamed)
    SDT solicitor 12537/2024 2024-06-28 found breached
    Restoration to the Roll - Refused 1 PDF View decision
  • Hughes, Owen Maldwyn
    OLSC solicitor (Formerly) Beesley and Hughes 2024-06-27 found breached

    Failure to disclose AHRC sexual harassment complaint to the Law Society in his practising certificate renewal application Failure to disclose sexual harassment proceedings to the Law Society in his practising certificat…

    Refusal of grant of practising certificate for the year ending 30 June 2024 $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
  • Danielle De Carpentier
    SDT solicitor 12564/2024 2024-05-30 found breached

    Criminal Convictions, Dishonesty, Lack of Integrity, SRA Principles 2011

    Strike off 1 PDF View decision
  • Richard Gregory Barca
    SDT solicitor 12486/2023 2024-05-09 found breached

    Code of Conduct 2011, SRA Principles 2011

    Fine 1 PDF View decision
  • RICHARD JAMES LAWSON
    LPBWA lawyer 7 Wilberforce Street MOUNT HAWTHORN WA 6016 Legal Services and Complaints Committee v Lawson [2024] WASC 158 2024-05-06 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Ruggero-Salerno, Maria Luisa
    OLSC solicitor Vizzone Ruggero Twigg Lawyers 2024-04-18 rule cited

    Breached Rule 21.2 and 34.1 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules. — 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
  • O'Loughlin, Jonathan Edward
    OLSC solicitor RJCR Holdings Pty Ltd t/as O’Loughlin Westhoff Lawyers 2024-04-18 rule cited

    1: The Respondent Solicitor engaged in discourteous conduct in breach Rule 21.2 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules (Conduct Rules) 2: The Respondent Solicitor breached Rule 22.2 of …

    An apology from the Respondent Solicitor to be made to the Complainant within six months in a form that is approved by the Director, Legal Regulation (s 299(1)(c) of the Uniform Law); $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
  • Stephen Taylor
    BTAS barrister Inner Temple 2024-04-10 rule cited
    suspension appealed 1 PDF View decision
  • Seah Zhen Wei Paul
    SG-DT lawyer Tan Kok Quan Partnership 2024-04-09 rule cited
    Suspended for a period of three (3) years with effect from 17 August 2024 1 PDF View decision
  • Chandra Mohan Rethnam
    SG-DT lawyer Rajah & Tann Singapore LLP 2024-04-09 rule cited
    Suspended for a period of three (3) years with effect from 1 June 2024 1 PDF View decision
  • Anthony David GRAY
    LSC-QLD solicitor 2024-03-28 found breached

    In respect of each of Charges 1 and Charge 2 there is a finding of professional misconduct.

    Struck off 1 PDF View decision
  • Krystel Marzan
    SDT solicitor 12480/2023 2024-02-23 found breached

    Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2011, SRA Principles 2019

    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.