Recently, I contacted an American expert for assistance with a case I was handling on behalf of claimants. His response surprised me: “I thought you were a Defendant lawyer.”
His surprise likely stemmed from his prior awareness that I have acted in numerous cases instructed by insurers and corporations. It also reflects a fundamental difference between United States trial lawyers and UK barristers.
In the United States, trial lawyers are typically divided into claimant lawyers and defendant lawyers. In contrast, the cab rank rule in the UK Bar ensures that barristers cannot refuse a client simply because they disapprove of the client or the case the client wishes to pursue.
Why the cab rank rule matters
The cab rank rule is facing increasing scrutiny. Some argue that barristers should be able to refuse clients deemed “unsavoury,” such as arms dealers, polluters or other controversial figures. This approach mirrors modern services like the Uber algorithm, which allows drivers to reject fares at their discretion.
While it is understandable that some barristers may feel distaste for certain clients or cases, I firmly believe the cab rank rule is essential for access to justice. Every individual or corporation deserves effective legal representation, regardless of their background or actions. Allowing personal views to restrict access to the best available representation creates a slippery slope; one that inevitably risks injustice.
A personal perspective on practice
Throughout my career as a barrister specialising in clinical negligence, personal injury and complex litigation, I have consistently adhered to the cab rank rule. I do not believe there is a concept of a “defendant lawyer” in the UK. Barristers must be able to act impartially and professionally for clients across the spectrum; whether claimants or defendants.
Upholding this principle protects the integrity of the legal system, ensures equality before the law, and reinforces public confidence in the Bar.
I provide impartial advice, mediation and representation in clinical negligence, personal injury and complex litigation cases. Schedule a consultation session.
