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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

  • Richard Paul Roberts
    SDT solicitor 10835/2011 2011-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Ogbondah Kkem Omodu
    SDT solicitor 10788/2011 2011-01-01 found breached

    Breaches, Failures, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Aurang Khattak, Shane Z Khattak & Another
    SDT solicitor 10795/2011 2011-01-01 found breached

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

    Fine, S.43 Order (clerks), Strike off 1 PDF View decision
  • Ranbir Singh Bains
    SDT solicitor 10775/2011 2011-01-01 found breached text match

    Breaches, Client Money, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Martyn Slocombe
    SDT solicitor 10706/2011 2011-01-01 found breached text match

    Criminal Convictions, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • David Jackson & Fleur Palmer
    SDT solicitor 10818/2011 2011-01-01 found breached text match

    Breaches, Failures, Others, Solicitors' Accounts Rules

    Strike off, Suspend - Fixed Period, Suspend - Indefinite 1 PDF View decision
  • Newford E Shillingford & Another
    SDT solicitor 10714/2011 2011-01-01 found breached text match

    Breaches, Client Money, Failures, Others

    Fine, Suspend - Indefinite 1 PDF View decision
  • David Davies
    SDT solicitor 10879/2011 2011-01-01 found breached text match

    Breaches, Client Money, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Laftsidis, Dimitrios
    OLSC solicitor (Formerly) S L Lawyers|(Formerly) SL Legal Pty Ltd|(Formerly) Sarvaas Ciappara [2010] NSWADT 317 2010-12-10 found breached

    1. Breach of trust account provisions, by withdrawing monies from trust without any authority to do so 2. Breach of trust acocunt provisions, by failing to transfer monies received on trust to a trust account 3. Breach …

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Seosamh O’Daimhin
    LSI solicitor Devine Solicitors, 9 O’Rahilly Street, Nenagh, Co Tipperary 2010-11-29 found breached text match

    In the matter of Seosamh O’Daimhin (otherwise Joseph Devine), solicitor, practising as Devine Solicitors at 9 O’Rahilly Street, Nenagh, Co Tipperary, and in the matter of the Solicitors Acts 1954-2008 [6260/DT106/09 and…

    strike_off View decision
  • Joseph Anthony Allen
    GLC attorney 65 of 2010 2010-10-14 found breached

    Struck off, Restitution Ordered | Disciplinary Committee decision delivered October 14, 2010. View PDF DECISION OF THE DISCIPLINARY COMMITTEEOF THE GENERAL LEGAL COMPLAINT NO.: 65/2010 BETWEEN DENNIS WHITE COMPLAINANT A…

    Struck off, Restitution Ordered 1 PDF View decision
  • MARTIN LEE SEGLER
    LPBWA lawyer 572 Hay Street PERTH WA 6000 Legal Profession Complaints Committee v Segler [2010] WASAT 135 and [2010] WASAT 135 (S) 2010-09-30 found breached

    Professional Misconduct and Unsatisfactory Professional Conduct and Suspended

    Professional Misconduct and Unsatisfactory Professional Conduct and Suspended 2 PDFs View decision
  • Antonnette Haughton Cardenas
    GLC attorney 63 of 2009 2010-09-18 found breached

    Restitution ordered, Already Struck off | Disciplinary Committee decision delivered September 18, 2010. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINTNO 63 OF 2006 IN …

    Restitution ordered, Already Struck off 1 PDF View decision
  • Zulkifli Bin Mohd Amin
    SG-DT lawyer M/S Sadique Marican & Z M Amin 2010-08-06 found breached
    Struck off the roll with immediate effect 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
  • Graeme Stark Herald
    SSDT solicitor Graeme Stark Herald formerly of Herald & Company, 85 High Street, Arbroath, and now of 27/10 Hawthornbank Lane, Edinburgh 2010-06-25 found breached text match
    strike_off No Appeal 1 PDF View decision
  • Desmond O'Brien
    LSI solicitor Cregg, Lahinch, Co Clare 2010-06-14 found breached

    In the matter of Desmond O’Brien, solicitor, Cregg, Lahinch, Co Clare, and in the matter of the Solicitors Acts 1954 to 2008 [4952/DT58/09 and High Court record 2010 no 44SA) Law Society of Ireland (applicant) Desmond O…

    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
  • O'donnell, John Alexander
    OLSC solicitor (Formerly) John A O'Donnell & Associates [2010] NSWADT 130 2010-05-31 found breached

    1. Wilfully breached Sections 255 and 264 of Legal Profession Act 2004 - relating to trust funds 2. Wilfully breached Section 264 of the Legal Profession Act 2004 - handling of trust moneys 3. Misappropriated funds 4. F…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • David Santiago Morales
    GLC attorney 34 of 2009 2010-05-15 found breached

    Restitution Ordered | Disciplinary Committee decision delivered May 15, 2010. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO. 34/2009 IN THE MATTER OF EDNA THORPE v DAVID MORAL…

    Restitution Ordered 1 PDF View decision
  • Mavrakis, George John
    OLSC solicitor Mavrakis & Associates [2010] NSWADT 103 2010-04-28 found breached

    1. Breach of Sections 253, 254, 255 & 260 of the Legal Profession Act 2004 - relating to trust funds 2. Misappropriation of trust funds 3. Breach of Rule 12 of the Revised Professional Conduct & Practice Rules 1995 by b…

    Conditions on Practising Certificate Costs Fine Practitioner to undertake and complete further legal education Reprimand Mentoring of solicitor by Senior Solicitor $3,000.00 Proceedings Instituted 1 PDF View decision
  • DAMIEN GERARD BRENNAN
    LPBWA lawyer 89 Duchess Street BUSSELTON WA 6280 Legal Profession Complaints Committee v Brennan [2010] WASAT 46 2010-04-07 found breached

    Professional Misconduct

    Professional Misconduct 1 PDF View decision
  • David O'Shea
    LSI solicitor O'Donovan Solicitors, 73 Capel St, Dublin 1 2010-02-15 found breached

    In the matter of David O’Shea, solicitor, formerly practising at O’Donovan Solicitors, 73 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [6743/DT63/09 and High Court record no 2009 no108 SA] …

  • Trevor Ruddock
    GLC attorney 74 of 2003 2010-02-13 found breached

    Struck off, Repayment & Restitution Ordered | Disciplinary Committee decision delivered February 13, 2010. View PDF JUDGEMENT OF THE DISCIPLINARY COMMITTEE COMPLAINT NO. 74 OF 2003 BETWEEN JOAN BURKETT POWELL COMPLAINAN…

    Struck off, Repayment & Restitution Ordered 1 PDF View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, 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/DT49/09 and High Court record …

    strike_off 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.