The Law Society is looking forward to the new arrangements for appointing Queens Counsel. Invitations to apply under the new system have been advertised widely and it is expected that the first appointments will be made in the first half of next year.

For many years, the Law Society campaigned for the Queen’s Counsel (QC) system to be overhauled. We could not champion an appointments system that was shrouded in secrecy.

The problem with the old system was the process of automatic consultation which , in our view, placed additional hurdles for solicitors, women and barristers with desk based practices who wanted to demonstrate that they had sufficient merit. Candidates needed to be known to the automatic consultees and it was often more difficult for such candidates to have the kind of profile required. We believed that the selection system needed to be about “what you know”, not “who you know”.

We were pleased when Lord Falconer of Thoroton, the Lord Chancellor, acted on our concerns and agreed to reform the process. Over the past eighteen months, the Law Society and the Bar Council have worked hard together to create a modern selection process which we believe to be open and fair to all applicants. Transparency is vital for consumers and the profession to be confident that the QC quality mark is truly a sign of expertise.

The new QC arrangements are overseen by an extremely high calibre Selection Panel, chaired by Sir Duncan Nichol. The panel comprises four lay members, two barristers, two solicitors and a senior retired judge. It is totally independent of the professions, the judiciary and Government. I am confident that Sir Duncan and his panel will conduct the selection robustly and fairly.

The new system provides an evidence based approach to QC selection. Appointments will be made against published competencies. References will be taken from a list of names provided by the applicants – all of whom have had experience of seeing the applicant at work. The pool of referees has been extended to include fellow practitioners and clients, as well as judges. It is entirely appropriate that references from the professional clients, or clients proxies, should be taken into account alongside judicial and practitioner views. The badge of Queen’s Counsel is predominately about services to the public so any aspiring Silk must be able to command the confidence of the public who ultimately pays their fees.

Successful candidates must satisfy the panel that they exhibit outstanding integrity. Candidates must demonstrate an awareness of equality and diversity issues. They must also provide evidence that their skills enable them to work effectively with the client and also as part of a team.

Decisions will not be made by any one member of the panel. The panel will work in pairs of lay and legally qualified members with the final recommendations agreed by the panel as a whole.

Recommendations on suitability for appointment will be made regardless of age, ethnic or professional background. The invitation to apply for the award has been sent to the minority bar and solicitor associations. The selection panel have made it clear that they positively welcome applications from women, black and ethnic lawyers, and lawyers with disabilities. They have also advertised in minority ethnic publications such as the Asian Times and the Voice

Another widely held view of the old system was that in some way the level of fee commanded by advocates contributed towards appointment. This will not be a factor considered by the selection panel. Selection under the new system will be on merit alone.

Since solicitors were first allowed to seek appointment to QC in 1996, just eight solicitor applicants have been successful. There are now almost two thousand solicitors with higher rights of audience in the civil and criminal courts. I hope many more solicitors will feel motivated to apply for QC and they will be confident that the system is fair to all applicants no matter what their background. However, whether more solicitors are successful in their application will depend on their ability to demonstrate how they meet the defined competencies.

The new scheme is entirely self-financing and will not cost the taxpayer or the professions a single penny. I think the level of the fees for applicants represents good value for money. It provides for staff to handle what may be a large number of applicants and therefore a large number of references and secures the services of a high quality Panel.

For the first time, consumers of legal services will know whether a QC has demonstrated excellence in advocacy in either criminal, family or civil proceedings. These are rather broad categorisations for now, but the Law Society hopes that, over time, these can be widened to help those buying the services of a QC to understand more about their particular areas of expertise.

The Government is carrying out a review of quality marks in legal services generally. The Law Society believes expertise should be recognised across the range of legal services. For example, experts and not just advocates in family and criminal law deserve recognition for providing an excellent service. If we do develop quality marks in other areas of legal services, there is an argument for all those solicitors and barristers obtaining higher qualifications to use the same title. So in future, we may see the badge of QC awarded to those who display high standards in legal services and not just in advocacy.

However, for the foreseeable future, the new selection panel will be making recommendations for Queen’s Counsel. I believe that under the new system, consumers of legal services and the legal profession can be confident that those appointed to Queen’s Counsel are of the highest standard and that the QC badge really is a badge of quality.

Kevin Martin
Law Society President