Cab-rank rule

In English law (and other countries which adopt the rule), the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a Hackney carriage driver at the head of a queue of taxicabs is supposed to take the first passenger requesting a ride.

The cab rank rule is set out at rC29 of the BSB Handbook. It states that if you receive instructions from a professional client and the instructions are appropriate taking into account your experience, seniority and/or field or practice, you must (subject to the exceptions in rC30) accept those instructions irrespective of:

  1. The identity of the client;
  2. The nature of the case to which the instructions relate;
  3. Whether the client is paying privately or is publicly funded; and
  4. Any belief or opinion which you may have formed as to the character, reputation, cause, conduct, guilt or innocence of the client.[1]

Without the cab-rank rule, an unpopular person might not get legal representation; barristers who acted for them might be criticised for doing so.

The cab-rank rule has its opponents. In 2010, the Law Society of England and Wales, which represents solicitors, together with The Bar Council said:

The Society questions whether the cab-rank rule remains a necessary and proportionate rule for the Bar at a time when there is increasing competition for advocacy services.
— Law Society of England and Wales, The Bar Council[2]

See also

References

  1. ↑ "Guidance on the Cab Rank Rule" (PDF). Code of Conduct of the Bar of England & Wales. Bar Standards Board. 2 September 2015. Retrieved 12 October 2016.
  2. ↑ "Summary of Responses to the Bar Council 2010 Consultation on Contractual Terms of Work for the supply of Legal Services by Barristers to Solicitors" (PDF). General Council of the Bar. 2010. p. 19. Retrieved 28 June 2011.


This article is issued from Wikipedia - version of the 10/12/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.