Queen's Counsel

A 1903 caricature of Robert McCall KC (formerly QC) wearing his court robes at the Bar of England and Wales. For court, he wears a short wig, and bands instead of lace at the collar, but he retains the silk gown and court tailcoat worn on ceremonial occasions.

A Queen's Counsel (postnominal QC), or King's Counsel (postnominal KC) during the reign of a king, is an eminent lawyer (usually a barrister) who is appointed by the Queen to be one of "Her Majesty's Counsel learned in the law." The term is also recognised as an honorific. Membership exists in various Commonwealth jurisdictions around the world, while in some other jurisdictions the name has been replaced by one without monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is a status, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the Bar of court.

As members wear silk gowns of a particular design (see court dress), the award of Queen's Counsel is known informally as taking silk, and hence QCs are often colloquially called silks. Appointments are made from within the legal profession on the basis of merit rather than a particular level of experience. However, successful applicants tend to be barristers, or (in Scotland) advocates with 15 years of experience or more.

History

England and Wales

Historical background

Caricature of Serjeant William Ballantine SL wearing court dress. Note the extremely small skullcap on the very top of the wig, a vestigal coif worn only by serjeants-at-law. Caption reads "He resisted the temptation to cross-examine a Prince of the blood"; Vanity Fair, 5 March 1870

The Attorney-General, Solicitor-General, and King's Serjeants were King's Counsel in Ordinary in the Kingdom of England. The first Queen's Counsel Extraordinary was Sir Francis Bacon, who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603.[1][2]

The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The Attorney-General and Solicitor-General had similarly succeeded the King's Serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623 (except for the two senior King's Serjeants) and 1813 respectively.[3]

But the King's Counsel emerged into eminence only in the early 1830s, prior to when they were relatively few in number. It became the standard means to recognise a barrister as a senior member of the profession, and the numbers multiplied accordingly.[4] It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited the prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers).[5] In 1839 the number of Queen's Counsel was seventy.[6] In 1882, the number of Queen's Counsel was 187.[7] The list of Queen's Counsel in the Law List of 1897 gave the names of 238,[6] of whom hardly one-third appeared to be in actual practice.[8] In 1959, the number of practising Queen's Counsel was 181.[9] In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively.[10] In each of the years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively.[11] In 1989, the number of practising Queen's Counsel was 601.[9] In each of the years 1991 to 2000, the number of practising Queen's Counsel was 736, 760, 797, 845, 891, 925, 974, 1006, 1043, and 1072, respectively.[12]

The title traditionally depends on the sex of the sovereign. The current Queen, Elizabeth II has had a long reign, and few if any people appointed as King's Counsel survive. It can be assumed that, should the Queen die and the title pass to a descendant, the title will again become KC, as the next three in line to the throne are male heirs.

Restrictions on Queen's Counsel

Queen's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleadings alone; a junior barrister had to be retained. They were not permitted to appear in court without a junior barrister, and they had to have chambers in London.[4] From the beginning, they were not allowed to appear against the Crown without a special licence, but this was generally given as a formality.

This stipulation was particularly important in criminal cases, which are mostly brought in the name of the Crown. The result was that, until 1920 in England and Wales, King's and Queen's Counsel had to have a licence to appear in criminal cases for the defence. These restrictions had a number of consequences: they made the taking of "silk" something of a professional risk, because the appointment abolished at a stroke some of the staple work of the junior barrister; they made the use of leading counsel more expensive, and therefore ensured that they were retained only in more important cases, and they protected the work of the junior bar, which could not be excluded by the retention of leading counsel. By the end of the twentieth century, however, all of these rules had been abolished one by one. Appointment as QC is now a matter of status and prestige only, with no formal disadvantages.

Modern reforms

Queen's Counsel were traditionally selected from barristers, rather than from lawyers in general, because they were counsel appointed to conduct court work on behalf of the Crown. Although the limitations on private instruction were gradually relaxed, QCs continued to be selected from barristers, who had the sole right of audience in the higher courts.

The first woman appointed King's Counsel was Helen Kinnear in Canada in 1934. The first women to be appointed as King's Counsel in the United Kingdom were Helena Normanton and Rose Heilbron in 1949.

Recent developments in the United Kingdom

England and Wales

In 1994 solicitors of England and Wales became entitled to gain rights of audience in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors alone became entitled to apply for appointment as Queen's Counsel, and the first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott (53), partner of the London office of the American law firm of Wilmer Cutler and Pickering based in Washington, D.C., and Lawrence Collins (55), a partner of the City law firm of Herbert Smith. The latter QC was subsequently appointed as a High Court judge and ultimately Justice of the Supreme Court of the United Kingdom.[13]

The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However, a vigorous campaign was mounted in defence of the system. Supporters included those who considered it as an independent indication of excellence of value to those (especially foreign commercial litigants) who did not have much else to go on,[14][15] and those who contended that it was a means whereby the most able barristers from ethnic minorities could advance and overcome prejudice, as well as better represent members of an increasingly diverse society.[16]

The government's focus switched from abolition to reform and, in particular, reform of the much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. This was held to be inappropriate and unfair given the size of the modern profession, as well as a possible source of improper government patronage (since the final recommendations were made by the Lord Chancellor, who is a member of the government), and discriminatory against part-time workers (especially women) and ethnic minorities.

In November 2004, after much public debate in favour of and against retaining the title (see for example Sasha Wass QC),[17] the government announced that appointments of Queen's Counsel in England would be resumed but that future appointees would be chosen not by the government but by a nine-member panel, chaired by a lay person, to include two barristers, two solicitors, one retired judge, and three non-lawyers. Formally, the appointment remains a royal one made on the advice of the Lord Chancellor, but he/she no longer comments on individual applications. The Lord Chancellor supervises the process and reviews the panel's recommendations in general terms (to be satisfied that the process as operated is fair and efficient).

Application forms under the new system were released in July 2005 and the appointment of 175 new Queen's Counsel was announced on 20 July 2006. A total of 443 people had applied (including 68 women, 24 ethnic minority lawyers, and 12 solicitors). Of the 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa.[18] On 16 October 2006, a couple of weeks after the beginning of the legal year, the successful candidates made a declaration and received their letters patent from the Lord Chancellor in Westminster Hall.

Further appointments were announced on 22 January 2008 and 23 February 2010. The process takes place annually, with the last appointments to date announced on 19 February 2014. Further information can be found at the Queen's Counsel Appointments website.[19]

Northern Ireland

The title of QC continues to be used. In 1998 two Northern Ireland barristers (Seamus Treacy, now Mr Justice Treacy, and Barry Macdonald) opposed the requirement of swearing an oath of allegiance to the Crown. The Bar Council, the body which represents barristers' interests, had agreed (in the Elliott Report) that the royal oath should be dropped and replaced by a more neutral statement. It suggested that, instead of declaring services to Queen Elizabeth, barristers should "sincerely promise and declare that I will well and truly serve all whom I may lawfully be called to serve in the office of one of Her Majesty's Counsel, learned in the law according to the best of my skill and understanding".[20]

In 2000, the Northern Ireland High Court ruled in the barristers' favour. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles.[21]

In 1997, the Lord Chief Justice, Sir Robert Carswell, wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect".[22]

Scotland

The independent Bar is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. Initially the status was reserved first for law officers (Lord Advocate and Solicitor General for Scotland) and soon after for the Dean of the Faculty of Advocates. In 1897 a petition by the Faculty of Advocates for the establishment of a Scottish roll of Queen's Counsel was approved, and the first appointments were made later in that year.

In 2005 there were more than 150 QCs in Scotland.[23] The appointment of Queen's Counsel is made on the recommendation of the Lord Justice General to the First Minister of Scotland, formerly the Secretary of State for Scotland. In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is correctly designated as Queen's Counsel, Solicitor Advocate.

Countries or territories that have abolished the "Queen's Counsel" designation

In jurisdictions that have become republics, the office of Queen's Counsel has sometimes been replaced with an equivalent, for example, Senior Counsel in South Africa, Kenya, Trinidad and Tobago and Guyana; Senior Advocate in Nigeria, India and Bangladesh; and President's Counsel in Sri Lanka.

Hong Kong

Queen's Counsel
Traditional Chinese 御用大律師
Literal meaning Barrister at His/Her Majesty's service
Senior Counsel
Traditional Chinese 資深大律師
Literal meaning Highly experienced and qualified Barrister

In Hong Kong, the rank of Queen's Counsel was granted when it was a crown colony and British dependent territory. A practising barrister could be appointed as Queen's Counsel in recognition of his or her professional eminence by Crown Patent on the advice of the Chief Justice of the Supreme Court of Hong Kong.[24] As Hong Kong severed ties with the United Kingdom in 1997, barristers are no longer appointed Queen's Counsel (QC), but Senior Counsel (SC). The change is in name only; the role is in all practical respects unchanged even down to the formal English wig, gloves, robe and shoes worn annually at the commencement of the Judicial Year.[25] Those appointed before the change were renamed Senior Counsel.[26]

Malta

As a British Crown colony, Malta adopted the system which lasted only seven years, starting from 14 August 1832. In the period, the main courts were housed at the Castellania, and the wearing of silk gowns was required by those sitting on the bench.[27]

Nigeria

Nigeria replaced the QC nomenclature with the new title of Senior Advocate of Nigeria (SAN). Appointments are restricted to fewer than 30 lawyers a year, made by the Chief Justice of Nigeria on the recommendation of the Legal Practitioners Privileges Committee, which is made up of senior judges and lawyers. The qualification requirements are almost identical to those required for appointment as Queen's Counsel. The SANs are entitled to wear silk gowns and enjoy similar privileges as the Queen's Counsel.

Sri Lanka

President's Counsel (postnominal PC) is a professional rank, as their status is conferred by the president, recognised by the courts and wear silk gowns of a special design. It is the equivalent of the rank of Queen's Counsel in the United Kingdom, which was used in Ceylon (Sri Lanka) until 1972 when Sri Lanka became a republic, when the position became that of Senior Attorney-at-Law. In 1984 the position became the President's Counsel. The holder can use the post-nominal letters PC after his or her name.

Zambia

In Zambia the designation was changed to State Counsel after independence from Britain. Legal practitioners who enjoy the rank and dignity of State Counsel may use "SC" after their names. The procedure for appointment is more or less based on the English system, however it has been alleged that this merit-based system has recently been influenced by political patronage and that the last three presidents have mainly appointed their supporters. In 2013 the Law Association of Zambia objected to the process used when President Michael Sata appointed Mumba Kapumpa, John Sangwa and Robert Simeza as SCs.[28]

Countries that retain the designation

Queen's Counsel are retained in several Commonwealth realms where Queen Elizabeth II is head of state.

Australia

The Commonwealth of Australia at the federal level, and most state and territory governments, began in 1994 to replace the title of Queen's Counsel and appointment by letters patent with the title Senior Counsel (SC) as an honorific conferred by the legal profession. There is no difference in status between a Queen's Counsel and a Senior Counsel.[29]

The selection process varies from state to state. In New South Wales, the process involves a committee made up of senior members of each State's bar, and usually a non-practising former barrister such as a retired judge. The committee then consults with judges, peers, and law firms on the applicant's suitability for the position. The selection committees deliberate in private, and reasons for the decisions are not published.

The first States to change to the title of Senior Counsel were New South Wales in 1993[30] and Queensland in 1994.[31] Most other States and the Commonwealth Government followed over the next 15 years, including the ACT in 1995,[32][33] Victoria in 2000[34][35] (though this was reversed in 2014[36]), Western Australia in 2001,[37] Tasmania in 2005,[38] and South Australia in 2008.[39] In the Northern Territory, the rank of Queen's Counsel was never formally abolished, but in 2007 the rules of the Territory's Supreme Court were amended to facilitate the appointment of Senior Counsel by the Chief Justice.[38] Those appointed Queen's Counsel (QC) before the change in each jurisdiction were permitted to retain the old title.

Recently, there have been moves in some states to revert to the old title of Queen's Counsel. In 2013, Queensland restored the rank of Queen's Counsel.[40] Those appointed Senior Counsel before the reintroduction of Queen's Counsel were given the option of retaining their old title or seeking appointment as Queen's Counsel, while all new appointments would be as Queen's Counsel only. Of the 74 Senior Counsel appointed in Queensland before the reintroduction of Queen's Counsel in June 2013, only four have opted to retain their title of Senior Counsel.[41] In 2014, Victoria also restored the rank of Queen's Counsel,[36] by way of making new appointments first as Senior Counsel, but then giving the option to seek appointment as Queen's Counsel by letters patent.[36]

The Commonwealth appointed its last Queen's Counsels in March 2007 under the Howard Government. No appointments were made during the Rudd Government, but on 8 July 2010, Gillard Government Attorney-General Robert McClelland appointed the first Commonwealth "Senior Counsel".[38] In March 2014, Attorney-General George Brandis QC announced the reintroduction of Queen's Counsel at the Commonwealth level.

When taking judicial office in a superior court, a barrister loses the title of Queen's Counsel and only regains it if new letters patent are issued after the person leaves office.[42][43] Conversely, since the appointment of Senior Counsel is not by letters patent, when a Senior Counsel takes office, there is no doctrinal reason why the title of Senior Counsel is lost.[42] However, this is customarily not done, and the New South Wales Bar Association instructs that "QC" and "SC" postnominals should not be used for superior court judges.[29]

Barbados

The honour of QC is by appointment. The selection process is secret.[44]

Canada

Constitutional authority to appoint Queen's Counsel

In Canada, both the federal government and the provincial governments have the constitutional authority to appoint a lawyer as Queen's Counsel. This point was decided in 1897 by the Judicial Committee of the Privy Council in a case on appeal from the Canadian courts. The federal government asserted that it had sole power to appoint Queen's Counsel, because the appointment is an exercise of the royal prerogative and only the federal government could advise the monarch on the exercise of the royal prerogative. The province of Ontario responded that the Crown is just as much part of the provincial governments as at the federal level, and therefore the provinces could also advise the Crown to make appointments under the royal prerogative. The Judicial Committee ruled in favour of the provinces, upholding their power to make Queen's Counsel appointments.[45]

During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law"[46] but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French (conseillier de la reine or conseillière de la reine for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French (conseillier du roi or conseillière du roi).

Criticisms and reforms

Lawyers continue to be appointed Queen's Counsel by the federal government and seven of the ten Canadian provinces. The award has been criticised in the past on the basis that appointment as Queen's Counsel depended largely on political affilitiation, as well as suggestions that its monarchical connotations were not consistent with modern Canadian identity.[47] However, in those provinces which continue to appoint lawyers as Queen's Counsel reforms have been made to de-politicise the award. Candidates are increasingly screened by committees composed of representatives of the bench and the bar, who give advice to the relevant Attorney General on appointments. The reforms have been designed to make the award a recognition of merit by individual members of the bar, often coupled with community service.

Appointments by jurisdiction

Federal Government

The federal government stopped appointing Queen's Counsel in 1993, but resumed the practice in 2013.[48] Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In the most recent appointments, late in 2014, the Government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service.[49]

Alberta

The Lieutenant Governor in Council (i.e. the provincial Cabinet) appoints the Queen's Counsel recipients. Recipients must have been called to the bar for at least 10 years.[50] Traditionally, the appointments are made every second year. The honorary title recognises a lawyer's outstanding contributions to the legal profession or in public life. In 2016, applications were reviewed by a screening committee of members of the judiciary and the legal community, which submitted recommendations for appointment to the Minister of Justice and Solicitor General and Cabinet for consideration, who in turn recommends names to Cabinet.[51] In 2016, the province designated 39 lawyers as Queen's Counsel.[52]

British Columbia

Queen's Counsel are appointed by the provincial Cabinet on the advice of the Attorney General of British Columbia. No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the Chief Justice of British Columbia, the Chief Justice of the Supreme Court of British Columbia, and two benchers (directors) of the Law Society of British Columbia, one of whom is usually the president of the Law Society. A recipient must have at least five years standing at the bar of British Columbia.[53] In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the Provincial Court, the president of the British Columbia Branch of the Canadian Bar Association and the deputy attorney general.[54] The Attorney General is automatically appointed as Queen's Counsel on taking office.[55] In 2016, the province designated forty lawyers as Queen's Counsel, from a group of 179 nominees.[54][56]

Manitoba

The government of Manitoba stopped appointing Queen's Counsel in 2001. There was a proposal that the title would be replaced by Senior Counsel (S.C.). Appointments were to be made by the Law Society of Manitoba.[47] However, the new designation was never adopted. Existing designations remain in effect.[57]

New Brunswick

The Lieutenant Governor appoints Queen's Counsel on the advice of a committee comprising the Chief Justice of New Brunswick, the Attorney General of New Brunswick, and the president of the Law Society of New Brunswick. The committee's recommendation must be unanimous.[58] Recipients must have 15 years of active practice of the law in New Brunswick, with extensive experience before the courts, or demonstrate exceptional service to the profession. The Deputy Attorney General of New Brunswick and deans of New Brunswick law schools may also be appointed. The number recommended for appointment shall not exceed 1% of the members of the bar in New Brunswick who are not already designated, and the Lieutenant Governor shall only make appointments once per year.[59] In 2016, the province designated eleven lawyers as Queen's Counsel.[60]

Newfoundland and Labrador

The Lieutenant Governor in Council (i.e. the provincial Cabinet) appoints Queen's Counsel, on the recommendation of the Minister of Justice. The Minister is required to consult with the Legal Appointments Board, which consists of five individuals appointed by the Minister: two are from a list recommended by the Law Society of Newfoundland and Labrador, one is to be a lawyer from outside the metropolitan area of St John's, one is to be a bencher, and one is to be a lawyer with less than ten years at the bar.[61] The appointments process has been criticised in the past as lacking transparency and being too open to political appointments.[62] In 2017, the government appointed eleven lawyers as Queen's Counsel.[63]

Nova Scotia

The Lieutenant Governor appoints Queen's Counsel on the advice of the provincial Cabinet. Recipients must have at least 15 years as a member of the bar of Nova Scotia.[64] The Minister of Justice is advised by an independent advisory committee, through the Nova Scotia Barristers' Society.[65] Eligible candidates can apply, or they can be nominated by others. Applications generally open in September of each year, with appointments made annually.[66] According to the criteria published by the Nova Scotia Barristers' Society on the nomination form, candidates must demonstrate professional integrity, good character and outstanding contributions to the practice of law through recognition by other members of the profession as an exceptional barrister or solicitor, exceptional contributions through legal scholarship, teaching or continuing legal education, demonstration of exceptional qualities of leadership in the profession, and engaging in activities of a public or charitable nature in such a way as to raise the esteem in which the legal profession is held by the public.[67] The Nova Scotia Barristers' Society also indicates that the committee is asked to consider regional, gender and minority representations among the persons recommended for appointment.[67] In 2017, the government appointed 14 lawyers as Queen's Counsel.[65]

Ontario

The Government of Ontario stopped making appointments in 1985. The then-Premier of Ontario, David Peterson made a statement in the house giving five reasons:

  1. the designation was originally meant to recognise excellence in the courtroom, but the practice in Ontario was that it could be given to any lawyer, regardless of courtroom experience;
  2. the use of the designation misled the public, because it was more based on who one knows than what one knows;
  3. it was unfair to lawyers who for whatever reason have not been designated, leading to questions about their standing in the profession;
  4. no other profession received government awards of this type;
  5. the designation had been used in Ontario mainly as a form of political patronage.[68]

In his statement, Premier Peterson stated that the government would stop awarding the designation and would move to revoke existing designations. However, although the Government of Ontario has stopped awarding the designation, it did not formally abolish it. Lawyers appointed as Queen's Counsel prior to 1985 continue to use the Q.C. or c.r. postnominal letters.[69] In response to the government's decision, the Law Society of Upper Canada, the governing body for Ontario lawyers, implemented the Law Society Medal in 1985 to recognise excellence in the profession. Recipients are entitled to use "L.S.M." behind their names.[70]

Ontario courts, however, will recognize the Queen's Counsel designations of Ontario lawyers appearing before it where those lawyers were accorded the honorific by the Federal Government.[71]

Prince Edward Island

The Lieutenant Governor in Council (i.e. the provincial Cabinet) makes appointments on the recommendation of a committee consisting of the President of the Law Society of Prince Edward Island, a member of the council of the Law Society, a person appointed by the provincial Minister of Justice, a judge of either the Court of Appeal or the Supreme Court of Prince Edward Island, and a judge of the Provincial Court of Prince Edward Island. The committee's recommendations must be carried by at least a 4/5 vote.[72] To be considered for appointment, a lawyer must have 10 years at the bar of Prince Edward Island. The lawyer must also meet the following three criteria: (1) must be learned in the law; (2) must have consistently exhibited a high standard of professional integrity; and (3) must be of very good character. In addition, the lawyer must meet at least one of the following six criteria: (1) must have a reputation for excellence in the practice of law; (2) must be recognized as a leading counsel; (3) must have great expertise and an outstanding reputation; (4) must have exhibited exceptional qualities of leadership in the legal profession; (5) must have performed outstanding work in the fields of legal education or legal scholarship; or (6) must have made a great contribution to community affairs or public service.[73] In 2016, the government appointed two lawyers as Queen's Counsel.[74]

Quebec

The Government of Quebec stopped appointing Queen's Counsel in 1975. Over forty years later, the Barreau of Quebec instituted a professional award, the distinction of Lawyer Emeritus / Avocat émérite, with the postnominal "Ad. E." The award is to recognise lawyers "... who gain distinction as a result of their outstanding professional career, outstanding contribution to the profession or outstanding social and community standing that has brought honour to the legal profession."[75] In 2015, the Barreau awarded the distinction to twenty lawyers.[76]

Saskatchewan

The Lieutenant Governor-in-Council (i.e. the provincial Cabinet) appoints lawyers as Queen's Counsel. To be eligible for appointment, a lawyer must reside in Saskatchewan and must have been called to the bar of any province of Canada, the Northwest Territories, or the United Kingdom.[77] Appointments are based on recommendations from a selection committee consisting of Saskatchewan's Justice Minister and Attorney General, the Chief Justice of the Court of Appeal for Saskatchewan or the Chief Justice of the Court of Queen's Bench (on an alternating basis), and the past presidents of the Saskatchewan branch of the Canadian Bar Association and the Law Society of Saskatchewan. In 2016, the Government appointed fifteen lawyers as Queen's Counsel.[78]

New Zealand

In 2006, the title was renamed Senior Counsel, with the final appointments of Queen's Counsel occurring in 2007, after which the Lawyers and Conveyancers Act (which made the change) came into force. However, the 2008 general election resulted in a change of government. In June 2009, Attorney-General Hon Christopher Finlayson announced that the title of Queen's Counsel would be reinstated,[79] and a bill to implement the restoration was introduced into Parliament in March 2010.[80] The bill passed committee stage in November 2012, was passed in a third reading and received the Royal Assent on 19 November 2012.[81] In December 2012, Finlayson was one of the first appointments under the reinstated regime.[82]

Queen's Counsel dress

The following relates to the dress of Queen's Counsel at the Bar of England and Wales. Most other jurisdictions adopt the same dress, but there are some local variations.

Queen's Counsel in England and Wales have two forms of official dress, depending on whether they are dressing for appearance in court before a judge, or a ceremonial occasion.

Court dress

A male junior barrister wears a white shirt and white wing-collar with bands, underneath a double-breasted or three-piece lounge suit of dark colour. He has a black "stuff" gown over his suit, and wears a short wig of horsehair. A female junior barrister wears similar garb.

Upon promotion to Queen's Counsel, the male barrister retains in court his winged collar, bands and short wig. However, instead of an ordinary dark jacket, he wears a special black court coat (frock coat) and waistcoat in a style unique to Queen's Counsel or, alternatively, a long-sleeved waistcoat in similar style with no frock coat, known as a "bum freezer" because it is cut off at the waist.

He also replaces the black stuff gown of a junior barrister with a black silk gown, although cheaper variants are also worn, including gowns of the same cut but all wool, or in a silk-wool mix, or in artificial silk. The all wool gown is, strictly speaking, a mourning gown, but that point is now of historical interest only. A female Queen's Counsel wears a similar gown and wig to that of her male counterparts.

Ceremonial dress

For ceremonial occasions, Queen's Counsel wear black breeches and black stockings instead of trousers, and patent leather court shoes with buckles. They wear the same black frock coat and waistcoat worn when appearing in court (never the "bum freezer", however) but add lace at the wrists and also a lace stock at the collar. Bands are no longer worn at the collar in addition to the lace, and the winged collar is also dispensed with. They have white cotton gloves, but these are invariably carried and not worn. This part of their ceremonial dress is taken from the standard ceremonial dress worn at the Royal Court (as opposed to the Courts of Justice) by other courtiers.

In addition, however, Queen's Counsel wear distinctive full-bottomed wigs and their silk gowns. The silk gown is the same as that worn when appearing in court. It is this gown which gives rise to the colloquial reference to Queen's Counsel as silks and to the phrase taking silk referring to their appointment.

When wearing the full bottomed wig, Queen's Counsel have a black rosette hanging from the back of the neck, which was originally intended to catch oil and powder that might otherwise mark the silk gown. Modern wigs, however, are made of horsehair and so there is no longer any oil or powder.

Queen's Counsel (honoris causa)

An award of Queen's Counsel honoris causa (honorary QC) may be made to lawyers who have made a major contribution to the law of England and Wales but who operate outside court practice.[83][84]

Courtesy QC for members of Parliament

Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were (if they wished) appointed QC, sometimes known as a "courtesy" or even "false" silk (or sarcastically "nylons" being artificial silks), on reaching a certain level of seniority, of around fifteen years, at the bar (though not automatically on election when they were more junior). In the 1990s it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished.[84]

However, for now the practice persists for law officers of the Crown.[85] The current Attorney General for England and Wales, Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment.[86] But, despite not having practised law for some time, Jeremy Wright took silk shortly after his appointment, which was criticised by some as a breach of the protocol against "courtesy silk".[87] Similarly when Harriet Harman was appointed as Solicitor General she was made a QC.

See also

References

  1. ↑ Holdsworth, W.S. History of English Law. 1938 vi 473–4.
  2. ↑ Patent Rolls, 2 Jac I p 12 m 10.
  3. ↑ Baker, J. H. "The English Legal Profession 1450–1550", Lawyers in Early Modern Europe and America (Wilfred Prest (ed.)), 1981, 20.
  4. 1 2 Duman, Daniel. The English and Colonial Bars in the Nineteenth Century. 1983.
  5. ↑ "Self-Employed Bar by Ethnicity and Gender" (PDF). The Bar Council of the United Kingdom. 11 December 2009. Retrieved 19 March 2011.
  6. 1 2 (1898) 104 Law Times 98 Google Books.
  7. ↑ Edward Parker Wolstenholme and Richard Ottaway Turner. The Conveyancing and Law of Property Act, 1881, and the Vendor and Purchaser Act, 1874, with Notes. W Clowes. 1882. Page viii. Google Books
  8. ↑ Alexander Pulling. The Order of the Coif. W Clowes & Sons. 1897. p 206. Google Books
  9. 1 2 HC Deb 6 March 1989 vol 148 col 596 per Mayhew AG
  10. ↑ HC Deb 22 July 1970 vol 804 col 697 per Crowder MP.
  11. ↑ Final Report of the Royal Commission on Legal Services. Cmnd 7648. HMSO. London. October 1979. Volume One. Page 479.
  12. ↑ HC Deb 13 November 2000 vol 356 col 545W per Lock MP
  13. ↑ "Appointment of Justice Lawrence Collins". Office of the Prime Minister of the United Kingdom. 8 January 2007. Archived from the original on 5 October 2007. Retrieved 30 January 2009.
  14. ↑ "Building on Strength: The response of the Commercial Bar Association" (PDF). 3 November 2003. pp. 39–57 (15ff in the PDF). Retrieved 17 February 2009.
  15. ↑ Gavyn Arthur (5 November 2003). "Letter from the Lord Mayor of the City of London" (PDF). Retrieved 17 February 2009.
  16. ↑ Courtenay Griffiths; Linda Dobbs; Oba Nsugbe (3 November 2003). "Barristers from ethnic minorities". Letters to the Editor. The Times. Retrieved 17 February 2009. The hopes of a rising cohort of black and Asian practitioners would be dashed at a stroke by the abolition of silk, and a huge opportunity to promote diversity in the legal profession and on the bench would be missed.
  17. ↑ "Constitutional reform: the future of Queen's Counsel." (PDF). The Lord Chancellor, Department for Constitutional Affairs. p. 9. Retrieved 30 January 2009.
  18. ↑ "Honorary QC nominations". Announcements 2007. Ministry of Justice. 13 August 2007. Archived from the original on 21 November 2008. Retrieved 29 January 2009. The six appointees in 2006 were...
  19. ↑ Queen's Counsel Appointments Website
  20. ↑ Winter, Jane (30 September 2000). "Director's Report, August/September 2000". British Irish Rights Watch. Archived from the original on 21 December 2008. Retrieved 30 January 2009.
  21. ↑ "Explanatory Notes to Justice (Northern Ireland) Act 2002". Office of Public Sector Information. 16 October 2002. Retrieved 30 January 2009.
  22. ↑ "Additional Submission to the Criminal Justice Review". Committee on the Administration of Justice. February 2000. Archived from the original on 22 December 2008. Retrieved 30 January 2009.
  23. ↑ "Appointment of Queen's Counsel". Scotland.gov.uk. 16 June 2005. Retrieved 19 January 2012.
  24. ↑ About the Bar Association Archived 12 May 2009 at the Wayback Machine. Hong Kong Bar Association.
  25. ↑ "About HKBA". Hong Kong Bar Association. Retrieved 16 March 2017.
  26. ↑ See the savings and transitional provisions contained in s. 2 of Schedule 2 to Ordinance No. 94 of 1997
  27. ↑ Harding, Hugh W. (1950). "Advocates Under the Code de Rohan and the Present Law" (PDF). Scietia. 3 (2): 121. Archived from the original (PDF) on 20 May 2017.
  28. ↑ "LAZ opposes Sata over SC status". Daily Nation (Zambia). 11 May 2013. Retrieved 19 December 2016.
  29. 1 2 "Court Structure, Judges' Titles and Order of Seniority" (PDF). New South Wales Bar Association. June 2011.
  30. ↑ "Appointment of Silk in New South Wales" (PDF). Senior Counsel Protocol. Bar Association of New South Wales. 1993. Archived from the original (PDF) on 13 March 2011. Retrieved 19 March 2011.
  31. ↑ Jarrod Bleijie (12 December 2012). "Queen's Counsels return to Queensland". Media Statements. Department of the Premier and Cabinet. Retrieved 11 July 2013.
  32. ↑ "Moratorium on appointment of Queen's Counsel – Practice Direction 2/94 (Further amended 1995)" (PDF). Supreme Court of the Australian Capital Territory. 12 September 1995. Archived from the original (PDF) on 20 May 2009. Retrieved 3 October 2008.
  33. ↑ "Government calls its news silks senior counsel, not Queen's counsel". The Australian. News Limited. 9 July 2010. Retrieved 7 February 2011.
  34. ↑ Austin, Paul (17 December 2009). "Victorian courts banish 'outdated' Queen". The Age. Fairfax Media. Archived from the original on 18 December 2009. Retrieved 18 December 2009.
  35. ↑ "Media Release – Appointment of Senior Counsel" (PDF). Supreme Court of Victoria. 12 September 2007. Archived from the original (PDF) on 22 July 2008. Retrieved 2 October 2008.
  36. 1 2 3 Victoria to give senior barristers option to become QCs
  37. ↑ "24 September 2001 Senior Counsel to replace Queen's Counsel in WA". Supreme Court of Western Australia. 24 November 2001. Retrieved 2 October 2008.
  38. 1 2 3 "No Republic! Australians for Constitutional Monarchy - The rustle of silk: a restoration play for the 21st Century?". www.norepublic.com.au. Retrieved 2016-08-17.
  39. ↑ Kelton, Greg (29 April 2008). "Queens Counsel title to be abolished in SA". The Advertiser. Retrieved 5 January 2013.
  40. ↑ Tlozek, Eric (12 December 2012). "Queen's Counsel title restored in Qld". ABC News. Retrieved 31 December 2012.
  41. ↑ "States divide over restoration of 'Queen's Counsel' title". theaustralian.com.au.
  42. 1 2 Justice P. D. Cummins, 'Reflections on Judicial Office', paper presented on 1 September 2009, 11.
  43. ↑ J. D. Merralls, 'Reversion is Impossible', Victorian Bar News, Vol. 89 (Winter, 1994), 53.
  44. ↑ "QC by merit". Barbados Today. 2013-03-15. Retrieved 2016-08-17.
  45. ↑ Attorney General for the Dominion of Canada v Attorney General for the Province of Ontario, [1897] UKPC 49, [1898] AC 247.
  46. ↑ for example, the Legal Profession Act (Nova Scotia), s. 78(1) and The Queen's Counsel Act (Saskatchewan), s. 2
  47. 1 2 "Manitoba Government News Release: Queen's Counsel Appointments Replaced To Reflect Modern Times: Mackintosh - New 'Senior Counsel' Designation by Law Society To Recognize Excellence in the Legal Profession". 9 January 2001. Retrieved 19 January 2012.
  48. ↑ "Justice Canada: Designation of Queen's Counsel". 11 December 2013. Archived from the original on 20 December 2013. Retrieved 13 December 2013.
  49. ↑ "Justice Canada: Designation of Queen's Counsel," December 11, 2014. Archived 31 December 2015 at the Wayback Machine.
  50. ↑ Queen's Counsel Act, RSA 2000, c Q-1, ss 1, 2.
  51. ↑ Alberta Justice and Solicitor General: 2016 Queen's Counsel Appointments
  52. ↑ Alberta: 2016 Queen's Counsel Appointments
  53. ↑ Queen's Counsel Act, RSBC 1996, c 393, ss 2,3,4.
  54. 1 2 BC Gov News Release, December 16, 2016: "Exceptional lawyers recognized with Queen's counsel designation".
  55. ↑ Queen's Counsel Act, RSBC 1996, c 393, s 1.
  56. ↑ British Columbia 2016 Queen's counsel appointees.
  57. ↑ Manitoba Historical Society: Manitoba Queen's Counsels / King's Counsels.
  58. ↑ Queen's Counsel and Precedence Act, SNB 2012, c 113, s 2.
  59. ↑ Queen's Counsel Regulation, NB Reg 84-270, ss 3, 4, 6 and 7.
  60. ↑ Government of New Brunswick News Release, October 21, 2016: "2016 Queen's counsel appointments named."
  61. ↑ Queen's Counsel Act, RSNL1990, c Q-2, ss 3 and 7.
  62. ↑ Rumpole and the Old Boy Net, Newfoundland and Labrador version.
  63. ↑ Government of Newfoundland and Labrador News Release, January 13, 2017: "Local Lawyers Recognized for Achievements".
  64. ↑ Legal Profession Act, SNS 2004, c 28, s 78.
  65. 1 2 "Nova Scotia Lawyers Receive Prestigious Designation," February 23, 2017.
  66. ↑ Nova Scotia Barristers' Society. Queen's Counsel Process.
  67. 1 2 Information Form: Queen's Counsel Appointments
  68. ↑ "Ontario Legislative Assembly, Official Records for 10 December 1985". HANSARD. Retrieved 16 December 2013.
  69. ↑ Mirreau, Shaunna (3 January 2012). "Queen's Counsel Appointments". Slaw. Retrieved 13 December 2013.
  70. ↑ Law Society of Upper Canada: "The Law Society Medal", December 2015.
  71. ↑ See, for example, Croft Michaelson, Q.C.,, an Ontario lawyer employed by the federal government and so appointed in 2014, http://www.ontariocourts.ca/decisions/2016/2016ONCA0582.htm
  72. ↑ Legal Profession Act, RSPEI, c L-6.1, s 34.
  73. ↑ Law Society of Prince Edward Island: Honours & Awards - Queen's Counsel (QC)
  74. ↑ Government of Prince Edward Island News Release, December 6, 2016: "Queen's Counsel appointments named for 2016".
  75. ↑ Barreau du Québec; Lawyer Emeritus Distinction.
  76. ↑ Barreau du Québec: Avocats émérites 2015.
  77. ↑ The Queen's Counsel Act, RSS 1978, c Q-2, ss 2, 3.
  78. ↑ Government of Saskatchewan News Release, December 16, 2016: "Outstanding Lawyers Honoured with Queen's Counsel Designation".
  79. ↑ "Government to restore Queen's Counsel". New Zealand Government. 25 May 2009. Retrieved 17 June 2009.
  80. ↑ "Lawyers and Conveyancers Amendment Bill", "Make a Submission", www.parliament.nz
  81. ↑ "Lawyers and Conveyancers Amendment Bill". Legislation – Bills. New Zealand Parliament. Retrieved 31 December 2012.
  82. ↑ "Appointment of Queen's Counsel" (20 December 2012) 151 New Zealand Gazette 4437 at 4463.
  83. ↑ Ministry of Justice (27 February 2013). "Announcement: Queens Counsel in England and Wales 2013". GOV.UK. Retrieved 29 June 2014.
  84. 1 2 Souper, M. "Barristers and solicitors - Queen's Counsel". Sixth Form Law. Retrieved 29 June 2014.
  85. ↑ "Barristers and solicitors - Queen's Counsel". 6 Form Law. Retrieved 6 April 2017.
  86. ↑ "Does It Matter That Cameron's New Attorney General Isn’t a QC?". 16 July 2014. Retrieved 25 January 2017.
  87. ↑ Maximilian Hardy (17 July 2014). "Judge a man by his actions not his website - Reflection on the Attorney General". Retrieved 25 January 2017. I do not believe it to be right that with the now well established mechanism in place for Queen's Counsel Appointments that the Law Officers should be awarded Silk as a courtesy title.
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