The Cab Rank Principle is a rule outlined by the Legal Profession Uniform Conduct (Barristers) Rules 2015 – Regulation 17 which outlines that a barrister must accept a brief from a solicitor or client to appear before a court if:
- The brief is within the barristers expertise and skills;
- The barrister is not already committed to other professional engagements which would prevent them from accepting the brief, and
- The fee offered is acceptable;
(A brief contains a summary of information that is given to barristers regarding a case with legal points that they are able to utilise in proceedings in court.)
The term “Cab rank” rule is derived from the idea that a Barrister must act on a first come, first serve basis, similar to the way a cab driver must drive the next person in like at the rank. This principle is a foundational to the Bar and comes back to the rule of law; the idea that no individual is above the law and hence it should be equally accessible and applicable to everyone. The rule has a further basis in that a barrister does not only owe a duty to their client, but also a duty to the administration of justice and thus they must maintain high standards of professional conduct.
As Justice Brennan said:
“The observance of the rule is essential to the availability of justice…it is unacceptable that the privileges of legal representation should be available according to the predilections of counsel or only on the payment of extravagant fees. If access to legal representation before the courts were dependent on counsel’s predilections as to the acceptability of the cause or the munificence of the client, it would be difficult to bring unpopular causes to court and the profession would become the puppet to the powerful” – Giannarelli v Wraith (1988) 165 CLR 453.
Presently, this rule is only applicable to legal professionals who practice as barristers but there have been discussions as to whether this is a rule that should also apply to solicitors considering that all legal professionals, irrespective of whether they practice as barristers, conduct their work primarily to serve the community. Solicitors are also officers of the law and also have their own duties to uphold justice. Thus, if they are able to pick and choose the cases they work on, there may be a danger that those who may be perceived to have unfavourable cases by the public, or those that are marginalised, may be denied access to justice.
Once again noting that lawyers do not only have a duty to clients, but also the wider community and the legal system, it is important to have discussions about the rule and what it will look like in the future.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.