You`ll never know what to look for if you don`t know what your legal problem is. Does your client need help recovering money from an insurance company after a car accident involving a negligent driver? What about criminal proceedings that exclude evidence found during an alleged illegal stay? Summary of the taxi rank rule Why? Why now? In May 2012, LSB commissioned Professor John Flood (University of Westminster) and Professor Morton Hvvid (University of East Anglia) to conduct a literature review analysing the impact of paragraphs 601 to 610 of the Bar Standards Board (BSB) Code, also known as the Cab Rank Rule, on the market. LSB published The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market on January 22, 2013. At least since the 17th century. It is an important principle for the Bar Association that anyone who could benefit from representation should have access to an appropriate lawyer. More recently, this desire to ensure access to justice, of which representation is arguably a crucial element, was enshrined in the Legal Services Act, 2007 (“the Act”) as one of eight regulatory objectives. While the official rule on taxi ranks is clearly intended to ensure access to justice, it could also be argued that the requirement that each lawyer provide services to all could be a barrier for lawyers wishing to specialize. As early as 1776, when Adam Smith`s The Wealth of Nations was published, economists were aware of the broader economic benefits that specialization could offer for an efficient and competitive market. Thus, the taxi rank rule could potentially undermine both its own objective of improving access to justice (by limiting opportunities for specialisation and thus the provision of niche services) and undermine other regulatory objectives such as promoting competition. While paragraphs 601 to 602 of the BSB Code set out the basic principles of the Cab Rule, paragraphs 603 to 607 describe a number of exceptions and exceptions to the rule, perhaps acknowledging that their absolute status is less relevant in 2013. The fact that so much legal aid, where access to justice can be considered a priority, is excluded only underlines this tension between principle and rule.
In practice, therefore, the impact of the provision on regulatory objectives is complex and the LSB considered that a more detailed analysis was worthwhile. Another reason for carrying out this study is BSB`s desire to move within the framework of the law from a regulatory framework based on carefully crafted rules to one more closely aligned with the results set out in the law. That alone raises a number of questions for the taxi rank rule. Could it be reworded in principle? What are the current effects of the regulation? What would happen if the rule didn`t exist at all? This research addresses these and other questions through a review of the available literature, supplemented by interviews with the profession. The report`s findings found no evidence that the rule is actively monitored or enforced by the regulator. In terms of effect, it was not possible to demonstrate that it provided representation. There was little evidence that it was understood in the market: in fact, the specialization of some chambers showed that the rule was regularly violated. This is not to say that the principle of representation for all has not been followed in the spirit of the profession, but it is simply not clear whether the desire to provide representation is motivated as much or more by professional principle or economic calculations. It certainly seems that, at least in England and Wales, customers who were once considered unattractive, like terrorists, are now perhaps a little more attractive than many other types of customers because of the broader advertising benefits they could offer.
Ultimately, the report seeks to examine the future usefulness of a rule which, while offering significant professional benefits, is limited in its practical application. The range of exceptions and exclusions, including lawyers providing direct access to the public, already limits the practical scope of the rule. Whether complaints or disciplinary findings, the authors argue that there is no evidence that the rule is applied beyond a generally desirable professional principle. The report concludes that it seems appropriate to examine whether the cabin hierarchy rule could also be transposed to a principled basis when the profession moves from a set of rules to a code of principles or outcomes. Here, the report noted that the New York State Bar`s No. 10 Client Rights offers a possible model: “They must not be denied representation on the basis of race, creed, color, age, religion, sex, sexual orientation, national origin, or disability.” While the report is modernized to reflect our national perspective on protected features, and complemented by the additional protection that “you may not refuse representation on the basis of the client`s popularity, case/offense or defense,” the report provides a basis for maintaining and reforming the taxi rank rule in accordance with strong ethical foundations. which form the basis of the Bar Association. LSB would like to hear the views of stakeholders, both professionals and consumers, on the analysis of the report and its suggestions for the future. LegalZoom also offers full service packages with access to a licensed attorney for a certain period of time. For example, the last will estate plan includes the practical help of a lawyer to prepare your will, a financial power of attorney and a will, as well as one year of ongoing legal advice regarding your estate. The price is $179 for one person or $279 for two people.
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