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Cab-rank Rule
In English law (and other countries which adopt the 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 practise, 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 obliged to take the first passenger requesting a ride. The cab rank rule is set out at rC29 of the Bar Standards Board The Bar Standards Board regulates barristers in England and Wales for the public interest. It is responsible for: * Setting standards of conduct for barristers and authorising barristers to practise; * Monitoring the service provided by barrist ... Handbook. It states that if the barrister receives instructions from a professional client and the instructions are appropriate taking into account their experience, seniority and/or field of practice, they must (subject to the exceptions i ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such as cor ...
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Hackney Carriage
A hackney or hackney carriage (also called a cab, black cab, hack or London taxi) is a carriage or car for hire. A hackney of a more expensive or high class was called a remise. A symbol of London and Britain, the black taxi is a common sight on the streets of the UK. The hackney carriages carry a roof sign TAXI that can be illuminated at night to indicate their availability for passengers. In the UK, the name ''hackney carriage'' today refers to a taxicab licensed by the Public Carriage Office, local authority (non-metropolitan district councils, unitary authorities) or the Department of the Environment depending on region of the country. In the United States, the police department of the city of Boston has a Hackney Carriage Unit, analogous to taxicab regulators in other cities, that issues ''Hackney Carriage'' medallions to its taxi operators. Etymology The origins of the word hackney in connection with horses and carriages are uncertain. The origin is often attribut ...
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Bar Standards Board
The Bar Standards Board regulates barristers in England and Wales for the public interest. It is responsible for: * Setting standards of conduct for barristers and authorising barristers to practise; * Monitoring the service provided by barristers to assure quality; * Setting the education and training requirements for becoming a barrister as well as setting continuing training requirements to ensure that barristers’ skills are maintained throughout their careers; and * Handling complaints against barristers and taking enforcement or other action where appropriate The BSB's functions were originally carried out by the General Council of the Bar, the barristers' representative body, until 2006 when the Bar Council created the BSB as an independent regulator. The Legal Services Board has once - in 2013 - questioned the independence of the BSB from the Bar Council. The BSB's governing board meets monthly at its headquarters in High Holborn, London, and holds public and private ...
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Law Society Of England And Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament or by the executive. The Society was formed in 1825. The Hall of The Law Society is in Chancery Lane, London, but it also has offices in Cardiff to deal with the Wales jurisdiction and the Senedd, and Brussels, to deal with European Union law. A president is elected annually to serve for one year. The current president is Lubna Shuja, the first Asian and first Muslim president in the organisation's history. The Law Society has nothing to do with barristers in England and Wales. The relevant professional body for barristers is the General Council of the Bar. History The London Law Institu ...
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General Council Of The Bar
The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the 'approved regulator' of barristers, but discharges its regulatory function to the independent Bar Standards Board. As the lead representative body for barristers in England and Wales, the Bar Council’s work is devoted to ensuring the Bar’s voice is heard, efficiently and effectively, and with the interests of the Bar (and the public interest) as its focus. History The General Council of the Bar was created in 1894 to deal with breaches of a barrister's professional etiquette, something that had previously been handled by the judiciary. Along with the Inns of Court it formed the Senate of the Inns of Court and the Bar in 1974, a union that was broken up on 1 January 1987 following a report by Lord Rawlinson. The Courts and Legal Services Act 1990 designated the Bar Council as the professional body for bar ...
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Hobson's Choice
A Hobson's choice is a free choice in which only one thing is actually offered. The term is often used to describe an illusion that multiple choices are available. The most well known Hobson's choice is "I'll give you a choice: take it or leave it", wherein "leaving it" is strongly undesirable. The phrase is said to have originated with Thomas Hobson (1544–1631), a livery stable owner in Cambridge, England, who offered customers the choice of either taking the horse in his stall nearest to the door or taking none at all. Origins According to a plaque underneath a painting of Hobson donated to Cambridge Guildhall, Hobson had an extensive stable of some 40 horses. This gave the appearance to his customers that, upon entry, they would have their choice of mounts, when in fact there was only one: Hobson required his customers to take the horse in the stall closest to the door. This was to prevent the best horses from always being chosen, which would have caused those horses to ...
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Legal Ethics
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. In the United States In the U.S., each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the ''client-lawyer relationship'', duties of a lawyer as ''advocate'' in adversary proceedings, dealings ''with persons other than clients'', '' law firms and associations'', ''public service'', ''advertising'', and ''maintaining the integrity of the profession''. Respect of client confidences, candor toward the trib ...
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