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January 28, 2013

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Monroe Freedman

In 1972 I had a Ford grant to visit several countries, including England, to interview lawyers about ethical practices. One of the things I learned is that the cab rank system meant only that the barristers did not reject clients – their clerks did it for them, screening out potential clients who didn’t fall within the barrister’s preferred area of practice, had insufficient funds, etc.

A number of other misconceptions about British lawyers are dealt with in Lawyers’ Ethics in an Adversary System, ch. 9 (“The Myth of British Superiority”) (1975). I'm sure that there have been some significant changes in British practice since then, but not, I believe, on most of what is reported there.

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