CAB RANK RULE

The first thing which I shall be discussing on my blog is Cab Rank Rule. The term appeared to
me quite amusing when I first heard of it. However its a very important rule for lawyers. It is as
much significant to the lawyers as is Hippocratic Oath to the physicians.
As usual this rule has also come from the English Law System. However, later many more
countries have also adopted this rule. The Cab-Rank Rule is the obligation of a barrister to accept
any work in a field in which they profess themselves competent to practice, at a court at which
they normally appear, and at their usual rates. The rule derives its name from the tradition by
which a Hackney carriage driver at the head of a queue of taxicabs is supposed to take the first
passenger requesting a ride.[1]

The paragraph 602606 of the Code of Conduct of the Bar of England and Wales states that:
A self-employed barrister must comply with the "Cab-rank rule" and accordingly except only as
otherwise provided in paragraphs 603 604 605 and 606 he must in any field in which he
professes to practice in relation to work appropriate to his experience and seniority and
irrespective of whether his client is paying privately or is publicly funded:

1. Accept any brief to appear before a Court in which he professes to practice.

2. Accept any instructions
3. Act for any person on whose behalf he is instructed

4. And do so irrespective of the party on whose behalf he is instructed, the nature of the case and
any belief or opinion which he may have formed as to the character, reputation, cause, conduct,
guilt or innocence of that person.[2]
Now the question which comes to everyones mind is that why Cab Rank Rule was required in
the legal arena?
The answer is simple if there is no cab-rank rule, then an unpopular person will not get any legal
representation in the court. Apart from that the barristers who acted for them might be criticized
for doing so. So to avoid all these problems Cab Rank Rule was brought into force.

However in modern times the Law Society of England and Wales has raised a question that
whether the cab-rank rule remains a necessary and proportionate rule for the Bar, as today there
is increasing competition for advocacy services.

APPLICATION OF CAB RANK RULE IN INDIA

A rule is successful only when it is implemented properly in the society. If the implementation of
rule is not proper then that rule is of no use. In a country like India, where implementations of
rules have always been difficult, it is surprising that this rule has been implemented in a very
proper manner.
It is due to this rule only that people like Ajmal Kasab, Afzal Guru, Yakub Memon got a legal
assistance in court. Else they would not have got any lawyer to take up their cases. Another
popular name which comes to my mind is of Ram Jethmalani who is famous for following Cab
Rank Rule. He has fought cases of a host of gangsters and smugglers including the British citizen
Daisy Angus who was acquitted of hashish smuggling after serving 5 years in jail. Recently he
was in the news for taking up the defense of Manu Sharma, prime accused in the Jessica Lall
murder case, however, he failed to get Manu Sharma acquitted. He has also fought cases of the
killers of Rajiv and Indira Gandhi and many more such unpopular people.
Ram Jethmalani is of the opinion that he is someone who thinks independently, who has not
mortgaged his soul or intelligence to anybody. He says "I decide according to my conscience
who to defend. A lawyer who refuses to defend a person on the grounds that people believe him
to be guilty is himself guilty of professional misconduct."
Apart from Ram Jethmalani, there are many more lawyers in India who follow this rule. Naming
all will be quite difficult as India has too many lawyers. To conclude I would state that there is at
least one rule in India which is followed in a more proper manner than any other country.

[1] http:// en.Wikipedia.org/ Cab Rank Rule, visited on 29th December, 2015.
[2] Code of Conduct of the Bar of England and Wales.