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 obliged to take the first passenger requesting a ride.
The cab rank rule is set out at rC29 of the Bar Standards Board Handbook. It states that if the barrister receives instructions from a professional client and the instructions are appropriate taking into account their experience, seniority and/or field of practice, they must (subject to the exceptions in rC30) accept those instructions irrespective of:
- The identity of the client;
- The nature of the case to which the instructions relate;
- Whether the client is paying privately or is publicly funded; and
- 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.
History
Addressing the continued necessity for the rule 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.
On 28 Jan 2013 the Bar Standards Board received an independent report on the cab-rank rule [3] that said:
The 2010 Bar Council report had reached various conclusions which are incorrect and unjustified.
We came to the clear and strong conclusion that the Cab Rank Rule should be retained.
On 26 Mar 2013 the Bar Standards Board issued a press release titled "Removal of the ‘cab rank’ rule a major threat to justice" [4]. This said:
The cab rank rule is fundamental to justice.
The BSB report shows that the rule protects barristers from the wrath of the community and the social stigma that might arise from representing an unpopular defendant.
On 24 Mar 2023 more than 100 lawyers, including at least six senior barristers were revealed as signatories to a declaration that they would defy the cab-rank rule to withhold their services from specific classes of clients and cases [5]. The Bar Standards Board is currently “assessing” self-reports from barristers over this cab-rank rule defiance [6]
On 24 Mar 2023 the Bar Standards Board issued a statement reaffirming the nature and importance of the “cab-rank” rule [7]. This said:
This rule [...] is designed to ensure that everyone can have access to legal advice.
See also
References
- ^ "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.
- ^ "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.[permanent dead link]
- ^ "The Cab Rank Rule: A fresh view". Bar Standards Board. 28 Jan 2013. Retrieved 5 April 2023.
- ^ "Removal of the 'cab rank' rule a major threat to justice". Bar Standards Board. 26 Mar 2013. Retrieved 5 April 2023.
- ^ "Declaration of Conscience". Lawyers are responsible. Retrieved 5 April 2023.
- ^ "BSB assessing self-reports from barristers over cab-rank rule defiance". Legal Futures Publishing Limited. Retrieved 5 April 2023.
- ^ "Statement by Mark Neale, the Director General of the Bar Standards Board, concerning the "cab-rank" rule". Bar Standards Board. 24 Mar 2023. Retrieved 5 April 2023.
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