Four Bars reaffirm commitment to cab rank rule

The four Bars of the UK and Ireland have reaffirmed their support for the cab rank rule, ahead of their Four Jurisdictions Conference in Belfast. 

Under the rule, advocates or barristers cannot discriminate between clients, and are obliged to take on any case provided it is within their competence, they are available, and they are appropriately remunerated. It has come under challenge recently by a group of signatories to a letter who stated they would not act for interests that promote the fossil fuel industry, or prosecute climate change protesters.

Although some critics believe the rule can be circumvented, it has also attracted strong support from within the Bars. 

The new statement has been signed by Nick Vineall KC, Chair of the Bar Council of England & Wales; Sara Phelan SC, Chair of the Bar of Ireland; Moira Smyth KC, Chair of the Bar of Northern Ireland; and Roddy Dunlop KC, Dean of the Faculty of Advocates. It reads:

"The cab rank rule is a bedrock obligation for the independent referral bar. The rule means that barristers cannot discriminate between clients, and that they must take on any case provided that it is within their competence, they are available and appropriately remunerated.

"The cab rank rule promotes access to justice. It means that clients will not be deprived of the advocate of their choice because the client or the client’s cause could be seen as objectionable or unpopular. People with unpopular causes or accused of serious offences do not need the additional challenge of having first to persuade a lawyer to take them on.

"Barristers do not choose their clients nor do they associate themselves with their clients’ opinions or behaviour by virtue of representing them.

"The independent referral bars of England & Wales, Ireland, Northern Ireland and Scotland collectively reaffirm our commitment to the cab rank rule. It:

• promotes access to justice;
• recognises that it is for judges and juries to decide and to judge, and that passing judgment is not the role of advocates;
• imposes an obligation on the independent referral bar to accept work even from those with whom we profoundly disagree, and of whom we profoundly disapprove;
• means that our role and duty as advocates is, and is only, to advise, and then to represent, always subject to our duties to the court."