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Concept
Cab-rank rule
Résumé
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.
The ethos of the rule is thought to originate with Thomas Erskine, a prominent and wealthy barrister with links to the leader of the Whig Party, Charles James Fox, who was himself a sympathiser with French revolutionaries.
Erskine – against the advice of his friends, who suspected that it would likely affect his political career – took on the case of Thomas Paine, who was being tried in absentia for seditious libel for the publication of the second part of his Rights of Man. Erskine's speech while defending Paine – unsuccessfully – is noted for a passage on the duty of barristers to take on even unpopular cases:
I will for ever, at all hazards, assert the dignity, independence, and integrity of the English Bar, without which impartial justice, the most valuable part of the English constitution, can have no existence. From the moment that any advocate can be permitted to say that he will or will not stand between the Crown and the subject arraigned in the court where he daily sits to practise, from that moment the liberties of England are at an end.
Source officielle
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