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Response to the Bar Council and Bar Standards Board Responses to the Flood-Hviid Report on the Cab Rank Rule for the Legal Services Board

11 Pages Posted: 2 May 2013  

John Flood

Griffith University - Griffith Law School; University College London; University of Westminster - School of Law

Date Written: April 30, 2013

Abstract

The Bar Council and the Bar Standards Board entered lengthy critiques of my, and Morten Hviid's, report on the Cab Rank Rule undertaken for the Legal Services Board. The original report is 40 pages. The Bar Council response runs to 30 pages but the BSB response runs to nearly 90 pages! Both responses say that we essentially miss the point of the cab rank rule (that barristers must be like taxis and take any client that comes along) and that without it the rule of law would collapse. The responses rely on judicial pronouncements mostly.

However, it is clear that neither group understands the nature of social science research and the role of empirical evidence. Time and time again the responses reject our use of empirical evidence by the simple assertion that it's wrong. Our response attempts to put straight the misconceptions of the Bar over the cab rank rule. We say the rule is now used to bargain with government and solicitors over the levels of remuneration; it is no longer about representing the odious client. For indeed, the more odious the client, the more likely the client will be represented for their attendant publicity value.

Keywords: cab rank rule, Bar, barristers, barristers clerks, legal profession, lawyers

JEL Classification: J44

Suggested Citation

Flood, John, Response to the Bar Council and Bar Standards Board Responses to the Flood-Hviid Report on the Cab Rank Rule for the Legal Services Board (April 30, 2013). Available at SSRN: https://ssrn.com/abstract=2258707 or http://dx.doi.org/10.2139/ssrn.2258707

John A. Flood (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus
170 Kessels Road
Nathan 4111, Queensland
Australia

HOME PAGE: http://https://experts.griffith.edu.au/academic/j.flood

University College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

HOME PAGE: http://www.laws.ucl.ac.uk/people-at-ucl-laws/honorary-appointments/

University of Westminster - School of Law ( email )

4 Little Titchfield Street
London, England W1W 7UW
United Kingdom

HOME PAGE: http://www.westminster.ac.uk

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