At his blog, Random Academic Thoughts, Flood look at the present and future status of the cab rank rule in England and Wales, here, here, and here.
Comments
In 1972 I had a Ford grant to visit several countries, including England, to interview lawyers about ethical practices. One of the things I learned is that the cab rank system meant only that the barristers did not reject clients – their clerks did it for them, screening out potential clients who didn’t fall within the barrister’s preferred area of practice, had insufficient funds, etc.
A number of other misconceptions about British lawyers are dealt with in Lawyers’ Ethics in an Adversary System, ch. 9 (“The Myth of British Superiority”) (1975). I'm sure that there have been some significant changes in British practice since then, but not, I believe, on most of what is reported there.
In 1972 I had a Ford grant to visit several countries, including England, to interview lawyers about ethical practices. One of the things I learned is that the cab rank system meant only that the barristers did not reject clients – their clerks did it for them, screening out potential clients who didn’t fall within the barrister’s preferred area of practice, had insufficient funds, etc.
A number of other misconceptions about British lawyers are dealt with in Lawyers’ Ethics in an Adversary System, ch. 9 (“The Myth of British Superiority”) (1975). I'm sure that there have been some significant changes in British practice since then, but not, I believe, on most of what is reported there.
Posted by: Monroe Freedman | January 28, 2013 at 04:36 PM