The divided legal profession ensures representation for unpopular defendants

Evidence

Under the British system, a litigant in an important case may have three lawyers: the solicitor, the Queen’s counsel arguing the case, and the junior counsel assisting in the argument. Aside from tradition, is there any reason to retain this rather cumbersome and expensive division of the legal profession? According to advocates of the current system, the fusion of the legal profession would not reduce costs, because in a difficult case, a lawyer might still wish to bring in a specialized advocate with expert knowledge in the field. Moreover, systems with an undivided legal profession, such as in the United States, are hardly models of efficiency or economy. In addition, the selection of the barrister by the solicitor, rather than the client, serves to create a distance between barrister and client that enables the barrister to provide more dispassionate advice. Finally, under the “cab rank” principle, which requires barristers to take any brief sent to them, the system ensures that even the most brutal or politically unpopular defendant will obtain legal representation. — G. Alan Tarr, Judicial Process and Judicial…, 650

Categorization

• DEFINE: Defines the cab rank principle, a key mechanism ensuring unpopular defendants get representation.
• QUESTION: Could compare the cab rank principle to how the American system secures counsel for unpopular defendants.
• XREF: connects to: Britain’s bifurcated barrister-solicitor division structures who appears in court — G. Alan Tarr, Judicial Process and Judicial…, 647; Adversarial lawyers serve clients while inquisitorial lawyers serve justice — G. Alan Tarr, Judicial Process and Judicial…, 636; Where counsel quality is equal, the substance of law decides case outcomes. — G. Alan Tarr, Judicial Process and Judicial…, 2270

Broader Connections

• Britain’s bifurcated barrister-solicitor division structures who appears in court #exemplifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 647
• Adversarial lawyers serve clients while inquisitorial lawyers serve justice #qualifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 636