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discipline 30 September 2026

The duty in context

No improper use of client money money

The lawyer must withdraw client money only for its proper purpose, must not overdraw a client's funds, and must not use the client account as a banking facility.

1,489 cases 67% strike-off avg suspension 21.4 mo avg fine 50,037 794 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code SAR Rule 5.1; SAR Rule 3.3; SAR Rule 5.3 strong 1,008 cases
5.1 You only withdraw client money from a client account: (a) for the purpose for which it is being held; ... 3.3 You must not use a client account to provide banking facilities to clients or third parties. ... 5.3 You only withdraw client money from a client account if sufficient funds are held on behalf of that specific client or third party to make the payment.
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 P.7; R.9.2 partial
Attorneys-at-law shall protect client money and assets... An attorney-at-law and a recognised law entity shall safeguard money and assets entrusted to them by clients and others.
AU Solicitors Solicitors' Conduct Rules no clear equivalent
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch9 — Accounts regulations: General strong 90 cases
To use each client's money for that client's matter only, To use trust money only for the purpose of that trust... To establish and maintain proper accounting systems and proper internal control systems to ensure compliance with the regulations.
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics Canon VII(a) partial 118 cases
An Attorney shall comply with rules as may from time to time be prescribed by the General Legal Council relating to the keeping in separate accounts- (i) the funds of himself or any firm with which he is associated; and (ii) those of his clients.
JE Lawyers Law Society of Jersey Code P.7; R.7.4 a),c) partial
Members must protect client money and assets... Members must: a) identify, monitor and manage risks to money and assets entrusted to them by clients and others... c) ensure compliance with the Accounts Rules.
ON Lawyers LSO Rules of Prof. Conduct r 3.6-10; r 3.2-7.3 strong
3.6-10 A lawyer shall not appropriate any funds of the client held in trust or otherwise under the lawyer's control for or on account of fees except as permitted by the by-laws under the Law Society Act. [3.2-7.3 A lawyer shall not use their trust account for purposes not related to the provision of legal services.]
BC Lawyers BC Code r 3.6-10 strong 71 cases
A lawyer must not appropriate any client funds held in trust or otherwise under the lawyer's control for or on account of fees, except as permitted by the governing legislation.
NZ Lawyers Conduct & Client Care Rules r 10.5.2 / r 9.3 partial
A lawyer who receives funds on terms requiring the lawyer to hold the funds in a trust account as a stakeholder must adhere strictly to those terms and disburse the funds only in accordance with them. ... A lawyer who wishes to debit fees held in trust or to receive funds to cover fees in advance must comply with the requirements of regulations 9 and 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 16 (Client money) partial 19 cases
16 Client money
HK Solicitors Solicitors' Guide Principle 13.02 / Principle 4.02 Commentary 4 partial
A client account cheque must never be dishonoured. A solicitor must take care to ensure that any cheque for use in connection with his practice will be honoured upon presentation. ... Dishonour of a client account cheque will other than in exceptional circumstances indicate a breach of the Solicitors' Accounts Rules (Cap. 159 sub. leg. F). ... Under rule 9(2) of the Solicitors' Accounts Rules (Cap. 159 sub. leg. F), money received for or on account of an agreed fee which is paid by a client to his solicitor must be paid into an office account.
HK Barristers Bar Code of Conduct no clear equivalent

Cases dealing with this duty

Clear

1,489 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • Preeti King
    SDT solicitor 11040/2012 2012-01-01 found breached

    Breaches, Criminal Convictions, Failures, Others

    Strike off 1 PDF View decision
  • K Pearce
    SDT solicitor 11083/2012 2012-01-01 found breached

    Breaches, Failures, Others

    S.43 Order (clerks) 1 PDF View decision
  • Anwaar Ul Haq & Sridevi Veldandi
    SDT solicitor 10925/2012 2012-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off, Strike Off Register of Foreign Lawyers 1 PDF View decision
  • Alan David Tickell
    SDT solicitor 10998/2012 2012-01-01 found breached

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

    Strike off 1 PDF View decision
  • Patricia Ann Rooney
    SDT solicitor 10979/2012 2012-01-01 found breached

    Client Money, Others

    S.43 Order (clerks) 1 PDF View decision
  • Malcolm Ronald Hannaford
    SDT solicitor 11085/2012 2012-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • A. Jimoh
    SDT solicitor 10937/2012 2012-01-01 found breached

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

    Strike off 1 PDF View decision
  • Miles Roderick Cox & Another
    SDT solicitor 10946/2012 2012-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Fine, Strike off 1 PDF View decision
  • Michael Pack
    SDT solicitor 11080/2012 2012-01-01 found breached text match

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

    Fine, S.43 Order (clerks) 1 PDF View decision
  • S P Kenny & E Coates
    SDT solicitor 11007/2012 2012-01-01 found breached

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

    S.43 Order (clerks), Strike off 1 PDF View decision
  • Simon William Griffiths
    SDT solicitor 11100/2012 2012-01-01 found breached text match

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

    Strike off 1 PDF View decision
  • ALEXANDER JASON McLEAN
    LPBWA lawyer GPO Box A39 PERTH WA 6837 Legal Profession Complaints Committee v McClean (sic) [2011] WASAT 199 2011-12-09 found breached

    Professional Misconduct by Illegal Conduct and Suspended

    Professional Misconduct by Illegal Conduct and Suspended 1 PDF View decision
  • Conrad Milton Powell
    GLC attorney 107 of 2010 2011-11-05 found breached

    Struck off, Restitution ordered | Disciplinary Committee decision delivered November 05, 2011. View PDF DECISION OF THE DISCIPLINARY COMMITTEE Complaint No. 107 of 2010 In the matter of a Complaint by Linford Bogle AND …

    Struck off, Restitution ordered 1 PDF View decision
  • Jiang, Ren Hai
    OLSC solicitor Churchill Lawyers [2011] NSWADT 270 2011-10-28 found breached

    1. Breach of undertaking 2. Misled the Vendor's Solicitor 3. Failed to render to his employer trust monies received from clients of the law practice and deposited these monies to his own account 4. Practised in contrave…

    Additional Orders made by the Tribunal (see Tribunal decision) Fine Impose conditions on Practising Certificate Reprimand $9,000.00 Proceedings Instituted View decision
  • Michael Small
    LSI solicitor Michael Small, Solicitor, Carraig House, 10 Newenham Street, Limerick 2011-10-21 found breached

    In the matter of Michael Small, a solicitor previously carrying on practice as Michael Small, Solicitor, at Carraig House, 10 Newenham Street, Limerick, and in the matter of the Solicitors Acts 1954-2008 [10119/DT19/11 …

    strike_off View decision
  • Joseph Anthony Allen
    GLC attorney 65 of 2010 2011-09-24 found breached

    Application for rehearing refused | Disciplinary Committee decision delivered September 24, 2011. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OFON APPLICATION FOR REHEARING COMPLAINT NO.: 65 OF 2010 IN THE MATTER OF…

    Application for rehearing refused 1 PDF 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
  • Julie Theresa DEVERY
    LSC-QLD solicitor Platinum Lawyers 2011-08-16 found breached

    Guilty of professional misconduct on 2 charges. Guilty of unsatisfactory professional conduct on 3 charges.

    other 1 PDF View decision
  • Michael Small
    LSI solicitor Michael Small, Solicitor, Carraig House, 10 Newenham Street, Limerick 2011-07-11 found breached

    In the matter of Michael Small, a solicitor previously carrying on practice as Michael Small, Solicitor, at Carraig House, 10 Newenham Street, Limerick, and in the matter of the Solicitors Acts 1954-2008 [10119/DT172/10…

    strike_off View decision
  • Antonnette Haughton Cardenas
    GLC attorney 63 of 2009 2011-07-06 found breached

    Repayment ordered, Already struck off | Disciplinary Committee decision delivered July 06, 2011. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OFTHE GENERAL LEGAL COUNCIL MADE ON COMPLAINTNO. 63 of 2009 IN THE MAT…

    Repayment ordered, Already struck off 1 PDF View decision
  • Peter McGarry
    LSI solicitor Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1 2011-05-30 found breached

    In the matter of Peter McGarry, a solicitor, formerly practising as Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [4989/DT02/11 and High Court record no 20…

    strike_off View decision
  • Gray, Roger Winchester
    OLSC solicitor Grays Lawyers [2011] NSWADT 139 2011-05-13 found breached

    1. Misappropriation 2. Wilful breach of Section 61 of the Legal Profession Act 1987 - handling of trust moneys 3. Wilful breach of Section 255 of Lthe Legal Profession Act 2004 - holding, disbursing and accounting for t…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Jacqueline Levesque
    LSBC lawyer 2011-05-12 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts View decision
  • PAUL ERNEST MASTEN
    LPBWA lawyer Suite 2 and Suite 11 16 Philimore Street FREMANTLE WA 6166 Legal Profession Complaints Committee v Masten [2011] WASC 2011-04-27 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

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.