Cab rank rule
Encyclopedia
In English law
(and other countries which adopt the rule) the expression cab rank rule refers to the obligation of a barrister
to accept any work in a field in which he professes himself competent to practise, at a court at which he normally appears and at his 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.
Paragraph 602 of the Code of Conduct of the Bar of England and Wales states:
In the absence of such a rule it might be difficult for an unpopular person to obtain legal representation, and barristers who act for such people might be criticised for doing so.
In 1999, Lord Irvine
, the then Lord Chancellor
, said: "The "cab rank" rule is one of the glories of the Bar. It underscores that every member of the Bar is obliged, without fear or favour, to represent clients who offer themselves, regardless of how unpopular they may be in the community or elsewhere."
The cab rank rule is not universally admired and in 2010 the Law Society of England and Wales 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."
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
(and other countries which adopt the rule) the expression cab rank rule refers to the obligation of a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
to accept any work in a field in which he professes himself competent to practise, at a court at which he normally appears and at his usual rates. The rule derives its name from the tradition by which a Hackney Carriage
Hackney carriage
A hackney or hackney carriage is a carriage or automobile for hire...
driver at the head of a queue of taxicabs is supposed to take the first passenger requesting a ride.
Paragraph 602 of the Code of Conduct of the Bar of England and Wales states:
A self-employed barrister must comply with the ‘Cab-rank rule’ and accordingly except only as otherwise provided in paragraphs 603 604 605 and 606 he must in any field in which he professes to practise in relation to work appropriate to his experience and seniority and irrespective of whether his client is paying privately or is publicly funded:
(a) accept any brief to appear before a Court in which he professes to practise;
(b) accept any instructions;
(c) act for any person on whose behalf he is instructed;
and do so irrespective of
(i) the party on whose behalf he is instructed
(ii) the nature of the case and
(iii) any belief or opinion which he may have formed as to the character reputation cause conduct guilt or innocence of that person.
In the absence of such a rule it might be difficult for an unpopular person to obtain legal representation, and barristers who act for such people might be criticised for doing so.
In 1999, Lord Irvine
Derry Irvine, Baron Irvine of Lairg
Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, PC, QC , known as Derry Irvine, is a British lawyer and political figure who served as Lord Chancellor under his former pupil barrister Tony Blair....
, the then Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, said: "The "cab rank" rule is one of the glories of the Bar. It underscores that every member of the Bar is obliged, without fear or favour, to represent clients who offer themselves, regardless of how unpopular they may be in the community or elsewhere."
The cab rank rule is not universally admired and in 2010 the Law Society of England and Wales 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."