Cab Rank Rule Flashcards
What is the rationale for the cab rank principle?
The cab rank rule (as set out in r 21 of BCR) requires barristers to accept briefs from solicitors to appear before court in a field which it practices where (1) it is within their skill (2) they have capacity (3) fee offered is acceptable and (4) they are not required to refuse the brief by r 95, r 97, r 98, and r 99.
There are rules designed to protect against barristers circumventing the rule such as (1) r 22 must not set a fee above what one would ordinarily charge to deter a person offering a brief (2) r 23 must not create a condition on which the brief will be accepted (third line forcing), and (3) r 24 must not fetter one’s self as the can rank rule.
The cab rank rule is fundamental to functioning of the Bar, and administration of justice. Without it, (1) access to justice would be at the discretion of individual counsel; (2) the poor clients with unpopular cases would go without legal representation and (3) the rule of law would be eroded.
Without the cab rank rule, the law would become an instrument of oppression and the courts would lose confidence in the community.
When must a barrister accept a brief from a solicitor in a field which they practise?
r 21 can rank rule - must accept brief from a solicitor in a field which practise if
(a) the brief is within barristers capacity, skill, and experience ;
(b) available to work;
(c) the fee offered is acceptable; and
(d) the barrister is not permitted to refuse the brief r 95, 97, 98-99.
What are the three rule which protect the cab rank rule (R 21) in the BRC ?
r 22 No increased fees as a deterrent for being offered brief
r 23 No third line forcing - i.e. I will only accept the brief on the condition that….
r 24 Not to fetter self as to the cab rank rule - i.e. must not make or have any arrangements designed to circumvent the application of the can rank rule
Does the cab rank rule apply to a person who is not a solicitor?
r 24A - a barrister is not obligated to accept a brief from a person who is not a solicitor
what must a barrister do if he wishes to accept instructions from a person who is not a solicitor? (i.e. direct access briefs - Hint)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(2)
PD [?] of 20[?]
r 24B - where a barrister wants to accept a brief from a client who is not a solicitor must
(a) inform the client in writing…
(i) explain what work a barrister can and cant do (r 15-17)
(ii) the fact the client might need to get a solicitor on short notice and maybe during the matter
(iii) any disadvantage the client may suffer if solicitor is not retained
(iv) the difference in capacity to perform the with and without a solicitor to assist
(v) the barristers advocacy experience
(b) the above must be signed by the client
PD 13 of 2024 - (a) must comply with r 24B (b) prepare a document which sets out r 24B matters plus explain the LSC complaint referral process (c) before the proceeding commenced or before first appearance etc must file a copy in the registry and give a copy to the Bar
Where a government legal officer wishes to brief a barrister does PD 13 of 2024 apply?
No does not apply to legal officers as defined under s 12 of the LPA
