Topic > The Cab Rank Rule - 1664

Research EssayIntroductionAustralia took its cue from English law by adopting the cab ranking rule, codified in The Victorian Bar Incorporated Practice Rules 2009 (Vic). This essay will discuss the application of the rule, its strengths and weaknesses, and conclude by discussing why the rule should remain an integral part of the Bar despite many calls for its abolition. What is the "taxi rank principle"? The taxi rank rule states that a lawyer who practices exclusively as a lawyer must accept tenure in a field he claims to practice. Lawyers are professionally bound to this duty if the task is within the lawyer's ability, ability and competence; the lawyer is available to appear and is not engaged in other duties that could inhibit his ability to promote the client's interests; the fee offered is acceptable to the lawyer; and the attorney is not obligated or authorized to reject the pleading based on any exception. Strengths and Weaknesses There are two main reasons behind the cabin seat principle; access to justice and protection of lawyers. The former has been widely accepted as a useful and valuable objective, while the latter is often overlooked. The two justifications are equally important and both have strengths and weaknesses. First, because lawyers are professionally obligated to accept a brief, the booth rank rule promotes access to justice by ensuring that legal representation is available to all, including the unwanted or unpopular client. cause. This ensures equality before the law and allows clients to be represented by a lawyer of their choice. Since the choice is up to the client and not the lawyer, this improves the quality of the legal representation available. It promotes the ideal of service for t...... middle of paper ......st 2013.Giannarelli v Wraith (1988) 165 CLR 543, 580 (Brennan J).Mr Justice Wilson, 'Lectures on Advocacy and ethics in the Supreme Court" (1979) 15 Legal Research Foundation Inc. Maree Quinlivan, "The Can Rank Rule: A Reappraisal of the Duty to Accept Clients" (1998) 28 Victorian University Wellington Law Review 113. Michael McLaren et al, " The Cab-Rank Rule: A Fresh View", (discussion paper, January 2013). Sir Anthony Mason, "The Independence of the Bench" (1993) 10 Australian Bar Review 1, quoted in The Hon Sir Gerard Brennan AC, " Profession or Service Industry: The Choice' (speech delivered at the Australian Bar Association conference), San Francisco, 18 August 1996. Stephen Warne, The Cab Rank Principle, 1 November 2010, Lawyers Net, .The Victorian Bar Incorporated Practice Rules 2009 (Vic).