THE CAB RANK RULE

Everything in life is governed by ethics and rules. The Practice of Law in Nigeria is particularly governed by certain principles and rules that govern how the practice is exercised, these principles and rules are provided for by virtue of the Rules of Professional Conduct, 2023 (RPC). Under Section 20 of the Legal Practitioners’ Act, 2004, the General Council of the Bar has the power to make rules for the professional conduct of lawyers. Pursuant to the power, there is the Rules for Professional Conduct 2023 which guides the conduct of lawyers in Nigeria.

 Some of the rules thereon includes: duty to be honest, dedication and devotion to the cause of the client, duty to disclose conflicting interest, duty to accept briefs, amongst others. But in this publication, we would be focusing on the duty to accept briefs otherwise known as the CAB RANK RULE. A name derived from the belief that the Legal profession is like a cab rank where the cab driver is obliged to take whichever passenger boards his vehicle once it is his turn on the rank, regardless of the race or pedigree of the passenger.

According to Section 24 of the RPC a legal practitioner is obligated to accept any brief in the Court in which he professes to practice, as long as the professional fees have been paid. This means that they cannot discriminate against particular clients even if they disagree with the client’s views or actions. Therefore, refusal to accept briefs of ground of race, political difference, religion, sex or fear of authorities (which appears to be the order of the day in Nigeria) is unethical. The Cab Rank rule must be observed and violation of which amounts to professional misconduct.

The history of the rule is thought to originate with Thomas Erskine of the 18th century, a British Whig lawyer and politician who took on the case of one Thomas Paine, who was being tried in absentia for seditious libel for the publication of the second part of his Rights of Man. In this case, Erskine made a case for the right of individuals to criticize and reform their government, along with highlighting a barrister’s duty to work on even unpopular cases.

The reason for the rule is to make fair legal representation available and accessible which is geared towards the promotion of justice in the society by ensuring that adequate legal representation is made available to anyone in need of it, regardless of the identity of the client, the nature of the case, any belief or opinion which may have been formed as to the character, reputation, cause, conduct, guilt or innocence of the client ensuring that everyone is equal before the law. It also protects legal practitioners from being criticized for taking on a controversial client, as long as they are available and fairly remunerated.

There are however some exceptions to this rule, which are:

• Where a lawyer had previously acted in a judicial capacity upon the merits of a case either as an arbitrator, conciliator; he shall not accept employment as an advocate in the same case. (Rule 6 (1) RPC 2023)
•  When a lawyer retires from public employment, such lawyer shall not accept employment which is in connection with a matter in respect of which he had previously acted in a judicial capacity, or has given advice or dealt with in any other way when he was in such public office or employment. (22 Rule 6 (2) RPC 2023)
• A lawyer shall also not accept employment if the exercise of his professional judgement will be or may reasonably be affected by his own financial, business, property or personal interest, except with the consent of his client after he had fully disclosed his interest.  (23 Rule 17 (2) RPC 2023)
• A lawyer should not accept brief if he knows or ought reasonably to know that he would be called as a material or necessary witness in respect of the substance or merit of the case. (Rule 20 (1) and (2) RPC 2023).

ATTORNEY – CLIENT PRIVILEGE

The attorney-client privilege also known as the rule of confidentiality under the Rules of professional conduct for legal practitioners, the attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Provided for under Section 19 of the RPC and by section 192 of the Evidence Act (2011), which prevents legal practitioners from disclosing any communications with their client made in the course of their professional employment, without having obtained the express consent of the client. A lawyer is of the duty to preserve his client’s interest by not disclosing any confidential information provided to him by his client. One of the aims of the privilege is to encourage clients to openly share information with their lawyers and to aid lawyers in effectively represent their clients, the lawyer can never divulge the client’s secrets without the client’s express permission.

 Where there is breach of confidence, this could eliminate the trust of the client in his lawyer, and may terminate their relationship, in worse cases the client could sue the lawyer for breach of confidence or the breach of attorney-client privilege. The duty does not, however, apply to information that conceals fraud, crime or the innocence of an individual.

At Primrose Den, our lawyers represent a wide variety of clients, including those who have been accused of very serious offences, and we ensure every case is expertly and effectively presented to the Court, preserving the confidentiality of communications between our lawyers and clients.