The 'cab rank rule' governing barristers' acceptance of instructions is under the spotlight again after the Bar Standards Board (BSB) launched a new consultation on proposals to amend the conditions under which counsel can withdraw from a case.

The consultation, announced today (28 April), will look into the circumstances that justify a barrister either withdrawing from or returning an instruction.

The proposals focus on areas including: the 'cab rank' principle, which requires barristers to accept cases brought to them, and exceptions to it; the communication process of accepting an instruction; situations in which barristers may cease to act on a matter; and barristers' duties to clients they are representing.

The exercise follows a review launched in September 2007 examining the Bar's Code of Conduct, a new version of which is expected in 2010 or 2011.

Commenting on the latest move, BSB chair Ruth Evans said: "It is in the public interest to ensure that cases are able to proceed with certainty; the changes we propose are designed to clarify the circumstances in which a barrister may withdraw from a case and where a barrister is obliged to provide representation. This greater clarity will be in the interests of both barristers and their clients."

Brick Court Chambers' Charles Hollander QC (pictured), who chairs the BSB standards committee, added: "There is a perceived lack of clarity as to the circumstances in which barristers are entitled to return or refuse to accept instructions given the public interest and the importance of not leaving clients in the lurch as well as requirements of the cab rank rule."

The consultation, which closes on 22 July, comes after a root-and-branch review launched by the BSB in February over the future of the profession in the wake of the Legal Services Act.

Issues under examination in the review include barristers could practise in partnerships and how the 'cab rank' rule would be affected if they were to do so, with complications over possible conflicts one area of concern.

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