Brian Walters, a good QC, is running for the Greens in the imminent Victorian election. His Labor opponent, Bronwyn Pike, has raised the fact that he once took a brief for a brown coal company, while now he is against brown coal as a means of generating energy. This smear campaign is not one to be expected from a minister in a mature democracy. Most people have some understanding that barristers (not solicitors) are obliged to take a brief from anyone, pretty much regardless of what they think of them, if the client is prepared to pay their usual fee, and they are available, properly instructed, not conflicted and the brief is within their skillset. The principle, which acts as a conceptual prophylactic against the ‘disembarkation of fleas’, is called the ‘cab rank rule‘. Victoria’s version is set out below. It is in my opinion not one of those rules which is observed in the breach. Even if it is not perfectly observed, it has a useful and substantial operation. Ministers’ understanding of it should be developed; it is a fundamental precept of one of the arms of government (the judiciary).
There are three reasons why Pike’s comments are unfortunate. First, Education Ministers should presumably try harder than others to avoid displays of ignorance. Second, her electorate — Carlton, East Melbourne, Parkville — is no doubt teeming with lawyers (not to mention bloggers …). Third, it undermines what respect remains for the legal system. Top Victorian lawyers’ assessments of Ms Pike’s comments have been swingeing.
But one silly comment in the heat of campaigning is one thing. When the issue is escalated to the Premier and Treasurer, and their responses are as follows, condemnation is called for, hence this post: Continue reading “The cab rank principle”