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Code of Ethics and Standards of Professional Conduct (PDF)

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Added on  2021-05-31

Code of Ethics and Standards of Professional Conduct (PDF)

   Added on 2021-05-31

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Running head: PROFESSIONAL CONDUCTCab rank ruleName of the StudentName of the UniversityAuthor Note
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1PROFESSIONAL CONDUCTEssay topic (a)It is the fundamental right of every individual to get justice in all aspect of his or her life.It is one of the basic principles of law that every individual should be treated equally before lawand legal provision should be applied each of them. However, there are certain loopholes to thejustice system where it has been observed that certain individuals are getting disadvantaged anddo not get proper justice. This mentality has denied the basic principle of law and criticisms havebeen raised regarding the same. The social structure has made differences in between advantagedand disadvantaged people and it has been observed that the people with certain disabilities haveto face lots of problem regarding the same. Further, in the continents of Australia, the aboriginalare denying from justice and this rule makes the entire process chronic. In the modern world, ithas been observed that the refugees are also not getting justice properly and all these eventsmake them disadvantaged categories. Considering the base of the legal foundation, it has beenobserved that there are certain barriers that make certain classes of people socially andeconomically disadvantaged. The barriers can be categorized as follows:It has been observed that the fees of legal service in the modern world are quite high andit is not possible for every people to go with it. Further, the policy of legal aid is quite restrictivein nature and the coordination process of legal aid service is very poor. There are certainlimitations in the pro bono legal service and the provisions of civil liabilities have been changed.All these things make the accessibility to the advocates restricted. Further, the disadvantagedclasses are afraid of retribution and the process of getting justice for them is quite hard due tocommunication problem with the legal professionals. In addition to this, it has been observed thatthe people have minimum knowledge about the legal services and due to this; they could not
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2PROFESSIONAL CONDUCTunderstand what is doable for them in certain circumstances. In case of the aboriginals, theirdistrust on the legal system is the main reason. Further, the formalities of the legal system makethem disadvantaged on a larger basis. It has been observed that the common people of UK arefacing certain problems regarding the economic downturn and they could not afford the fees ofthe advocates. Further, it has been observed that the common people found it difficult tounderstand the legal provisions properly and they could not afford the free legal advice from theadvocates. In this scenario, the rules relating to the cab rank help the common people in gettingjustice. in this system, the barristers can take the cases belong to their specialization and can dealwith the same. They can enjoy all the powers of the advocates with their daily normal fees andthere shall be no increase in the salary. Cab rank helps to reduce the burden of court and theprinciple of justice is established through this. Therefore, it can be stated that such barriers have created certain adverse situationsclasses of people. It is difficult for them to get proper justice and therefore, the main ideology oflegal system has been insulted. A need for new system has been cropped up to minimize theburden and it has been observed that the legislative authorities are taking certain steps to thiseffect. Cab rank rule is one of them1. It enables the barristers to proceed with a work of theirfield and this rule makes the barristers competent to practice. Further, according to this rule, thebarristers can appear before the court and they will get remuneration as per their daily rates.According to the English law, the cab rank rule has been inserted in rC29 of the Bar StandardsBoard Handbook. According to the rule, if any instruction has been received by any person toplead on behalf of him, the barristers can accept the instruction. However, there are certainprovisos regarding such acceptance of instruction. The barristers should not accept the1Plant, Janie. "The cab rank rule."Brief44.1 (2017): 20.
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3PROFESSIONAL CONDUCTinstruction if the person is agreeing to pay privately to the barrister. Further, no barristers areallowed to choose their clients on the basis of their identity and the nature of the case.According to the Legal Services Act 2007, it is the right to get a barrister to berepresented on their behalf2. This rule facilitates the process of justice and the fundamental ruleof equality can be established. Therefore, the main purpose of the cab rank rule is to promisejustice to the disadvantaged group of the society so that they can get an easy access to the justice.the minds of the economists have been enriched with extensive economic benefits in the year1776 when The Wealth of Nation by Adam Smith has been published. It has been learnt from thebook that opportunities can be get by way of specializations in the subject. Further, it has beenobserved that the matter of specialization gives birth to competitive market. Therefore, it can bestated that the cab rank rule can be efficient in case of obtaining justice for everyone. However,there can be negative impacts as the process could promote competition and damage otherregulatory objectives3. In certain circumstances, it has been found that any parties of a case could not able torepresent them by any counsel in the court. Cab rank rule gives them the opportunity to get acounsel so that they can represent them before the court. The rule regarding cab rank can only beapplied to specific circumstances, the direct access of the client is not allowed in this case, andthe rule could not be applied in case of the solicitors and the advocates. However, theeffectiveness of barrister’s cab rank rule should be discussed in a systematic manner. 2Moses, Arthur. "The future of the New South Wales Bar: A time to reflect and act."Bar News: The Journal of the NSW BarAssociationSpring 2017 (2017): 3.3Gleeson, Murray. "Tom Hughes QC: A cab on the rank."Bar News: The Journal of the NSW Bar AssociationSpring 2016(2016): 61.
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