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 supposed to take the first passenger requesting a ride.

The cab rank rule is set out at rC29 of the BSB Handbook. It states that if you receive instructions from a professional client and the instructions are appropriate taking into account your experience, seniority and/or field or practice, you must (subject to the exceptions in rC30) accept those instructions irrespective of:

1. The identity of the client;
2. The nature of the case to which the instructions relate;
3. Whether the client is paying privately or is publicly funded; and
4. 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.

The cab-rank rule has its opponents. 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.

— Law Society of England and Wales, The Bar Council^[2]

See also

• Hobson's choice

References