‘The cab-rank rule’

An informal vote following a seminar debate at the Bar Council annual conference resulted in an overwhelming majority to retain the cab-rank rule, which prevents barristers cherry-picking cases by forcing them to accept the next one in line – as long as they are available and appropriately qualified. Neil Edison proposing the motion to abolish the rule contended that it might breach lawyers’ own human rights by forcing them to act against their moral or religious convictions in some cases. David Etherington QC supported the rule as the best means of not only ensuring all clients are properly represented, but also protecting those lawyers acting for frequently vilified clients such as paedophiles. It also helped to prevent barristers from refusing to take on difficult cases they might lose. Mr. Etherington concluded: ‘I have no doubt that the cab-rank rule should be an enforceable rule and not aspirational… one of your human rights is that you do not have to be a barrister’.