Duty of Representation

Question 1

What is the cab-rank rule?

Answer 1

R 17 - a barrister must accept a brief from a solicitor if within the barrister’s capacity, skill and experience.

Question 2

What did J Brennan say in Giannarelli v Wraith regarding the cab-rank rule?

Answer 2

It is to ensure that unpopular cases, often involving the poor, are heard justly, and that the legal profession does not ‘become the puppet of the powerful’

Question 3

What statutory provision dictates that a lawyer must refuse a brief?

Answer 3

R 101.

Question 4

When must a barrister refuse a brief?

Answer 4

A) Barrister has confidential info on another person in the case: there is a real possibility, it is material to the client’s case.

B) The client’s interest would be in conflict with the barrister’s interests.

Where barrister might be a witness.

Question 5

Do solicitors have the cab-rank rule?

Answer 5

No

Question 6

What are the rules governing solicitors with respect to taking on clients?

Answer 6

R 4 .- solicitors must deliver legal services competently, diligently and as promptly as reasonably possible.

Sols must also follow a client’s lawful, proper and competent instructions.

Question 7

What is the rationale for defending an unpopular case?

Answer 7

1. Garbage Collector’s Answer.
2. Positivist
3. Political Activist
4. Social Worker
5. Egotist