Cab rank principle and related rules

Question 1

17 CAB RANK PRINCIPLE (to appear in area B practises/professes if CSP; available; fees; not obliged/permitted)

Answer 1

● Must accept brief from sollie to appear in a court in field which barrister practises or professes to practise if:
○ (a) Within capacity, skill and experience
○ (b) Available (the barrister would be available to work as a barrister when the brief would require the barrister to appear or to prepare, and the barrister is not already committed to other professional or personal engagements which may, as a real possibility, prevent the barrister from being able to advance a client’s interests to the best of the barrister’s skill and diligence)
○ (c) The fees offered are acceptable
○ (d) Not obliged or permitted to refuse the brief under these rules (rules 101, 103, 104, 105).

Question 2

18 Hiking fees

Answer 2

Can’t artificially hike with intent to defer sollie from offering the brief

Question 3

19 Briefing others condition

Answer 3

A barrister must not require that any other particular legal practitioner be instructed or briefed so as in any way to impose that requirement as a condition of the barrister accepting any brief or instructions.

Question 4

20 Competition

Answer 4

A barrister must not make or have any arrangement with any person in connection with any aspect of the barrister’s practice which imposes any obligation on the barrister of such a kind as may prevent the barrister from:

(a) accepting any brief to appear for reasons other than those provided by the exceptions to the cab-rank principle in rule 101, 103, 104 or 105, or
(b) competing with any other legal practitioner for the work offered by any brief for reasons other than those referred to in rule 101, 103, 104 or 105.

Question 5

21 Direct briefs

Answer 5

Cab rank principle only applies to solicitor briefs, not direct briefs.

Question 6

22 REQUIREMENTS IF ACCEPTING A DIRECT BRIEF
(a)(i) effect (ii) instructing solicitor (iii) disadvantage (iv) relative capacity to supply facilities/services (v) fair description (b) written signed acknowledgment

Answer 6

(a) Inform the prospective client in writing of:
● (i) The effect of rules 11 and 13
● (ii) The fact that circumstances may require the client to retain an instructing solicitor at short notice and possibly during the performance of the work
● (iii) Any other disadvantage which barrister believes on reasonable grounds may, as a real possibility, be suffered by the client if they do not retain an instructing solicitor
● (iv) The relative capacity of the barrister to supply the requested facilities or services to the client compared to the capacity of the barrister together with an instructor to supply them; and
● (v) A fair description of the advocacy experience of the barrister
(b) AND obtain a written signed acknowledgment from client that he/she has been informed of these matters.