By Gary Webber, Barrister
The "cab-rank" rule is a restriction on freedom. The solicitor may choose any barrister he likes to represent the client. The barrister has no choice. If he practises in the area concerned he must accept the brief so long as a proper fee is to be paid. At its most extreme, this rule requires a black or Jewish barrister to act for a Nazi. In most cases a barrister can be expected to act with professional detachment but in such circumstances he or she is being asked to be less than human. More mundanely, the practical effect is to require the barrister to accept work from a solicitor for whom, for a variety of possible reasons, he or she just does not wish to work.
The "cab-rank" rule is a restriction on freedom. The solicitor may choose any barrister he likes to represent the client. The barrister has no choice. If he practises in the area concerned he must accept the brief so long as a proper fee is to be paid. At its most extreme, this rule requires a black or Jewish barrister to act for a Nazi. In most cases a barrister can be expected to act with professional detachment but in such circumstances he or she is being asked to be less than human. More mundanely, the practical effect is to require the barrister to accept work from a solicitor for whom, for a variety of possible reasons, he or she just does not wish to work.
