Under what circumstances does the 'cab rank' rule oblige an advocate to accept a brief?
Understand the Problem
The question asks about the 'cab rank' rule, a professional obligation for barristers (advocates) in some legal systems. It seeks to understand the specific situations when a barrister is required to accept a case, even if they would prefer not to.
Answer
An advocate must accept a brief if it's within their competence, they are available, and appropriately paid.
Under the 'cab rank' rule, an advocate is obliged to accept a brief if the case is within their competence, they are available, and they are appropriately remunerated.
Answer for screen readers
Under the 'cab rank' rule, an advocate is obliged to accept a brief if the case is within their competence, they are available, and they are appropriately remunerated.
More Information
The cab-rank rule exists to ensure that everyone has access to legal representation, even if their case is unpopular or controversial.
Tips
A common mistake is to think the cab-rank rule applies to all lawyers. It primarily applies to barristers.
Sources
- Cab-rank rule - Wikipedia - en.wikipedia.org
- Cab Rank Rule - Statement of the Four Bars - barcouncil.org.uk
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