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In the United Kingdom and in some
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
countries, a King's Counsel ( post-nominal initials KC) during the reign of a
king King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
, or Queen's Counsel (post-nominal initials QC) during the reign of a
queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...
, is a
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
(usually a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
or
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
) who is typically a senior
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
lawyer. Technically appointed by the monarch of the country to be one of 'His erMajesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, '
Senior counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, that is recognised by
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s. Members have the privilege of sitting within the inner
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
of court. As members wear silk gowns of a particular design (see
court dress Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court ( judges, magistrates, and so on) may wear formal robes, gowns, ...
), appointment as King's Counsel is known informally as ''receiving, obtaining,'' or ''taking silk'' and KCs 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. Successful applicants tend to be
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s, or (in Scotland)
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
s with 15 years of experience or more.


Historical origins in England and Wales


Historical background

The
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, Solicitor-General and King's Serjeants were King's Counsel in Ordinary in the
Kingdom of England The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. On 1 ...
. The first Queen's Counsel ''Extraordinary'' was Sir
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
, who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. The right of precedence before the Court granted to Bacon became a hallmark of the early King's Counsel. True to their name, members of the King's/Queen's Counsel initially were representatives of the Crown. The right of precedence and pre-audience bestowed upon them – a form of seniority that allowed them to address the court before others – allowed for the swift resolution of Crown litigation. The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior
serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...
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. The King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. It became the standard means to recognise a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
as a senior member of the profession, and the numbers multiplied accordingly.Duman, Daniel. ''The English and Colonial Bars in the Nineteenth Century''. 1983. 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%. 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). In 1839 the number of Queen's Counsel was seventy.(1898) 104 Law Times 9
Google Books
In 1882, the number of Queen's Counsel was 187. The list of Queen's Counsel in the Law List of 1897 gave the names of 238, of whom hardly one third appeared to be in actual practice. In 1959, the number of practising Queen's Counsel was 181. HC Deb 6 March 1989 vol 14
col 596
per Mayhew AG
In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively. In each of the years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively. In 1989, the number of practising Queen's Counsel was 601. 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. Gradually, the appointment to the Queen's Counsel shifted from a vocational calling to a badge of honor and prestige. In 1898, Lord Watson noted in his opinion in ''Attorney General of the Dominion of Canada v. Attorney General for the Province of Ontario,'' writing on behalf of the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, that:


Restrictions

Until the late 19th century, some barristers were granted a
patent of precedence A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him. Historical use in the English legal profession The principal instance in r ...
in order to obtain the same precedence as a QC without the concomitant restrictions. Queen's Counsel was originally considered an
office of profit An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. It is a term used in ...
and hence, under the Act of Settlement 1701, incompatible with membership of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. QCs were also required to take the
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in England to swear allegiance to the monarch as Supreme Governor of the Church of England. Failure to do so was to be treated as treasonable. The Oath of Supremacy was ori ...
, which
Daniel O'Connell Daniel O'Connell (I) ( ga, Dónall Ó Conaill; 6 August 1775 – 15 May 1847), hailed in his time as The Liberator, was the acknowledged political leader of Ireland's Roman Catholic majority in the first half of the 19th century. His mobilizat ...
refused as a
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
; despite being the most prominent and best paid barrister in Ireland, he was a junior counsel for 30 years until granted a patent of precedence in 1831. From the beginning, QCs were not allowed to appear against
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
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 England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, QCs had to have a licence to appear in criminal cases for the defence. Queen's Counsel and serjeants were prohibited, at least from the mid-nineteenth century onward, from drafting
pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...
s 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
barristers' chambers In law, a barrister's chambers or barristers' chambers are the rooms used by a barrister or a group of barristers. The singular refers to the use by a sole practitioner whereas the plural refers to a group of barristers who, while acting as sol ...
in London. 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 has been said to be a matter of status and prestige only, with no formal disadvantages. But economic risk may remain, in some markets, because of loss of junior work to the successful applicant.


Appointment from barristers

Queen's Counsel were traditionally selected from barristers, or in Scotland, advocates, 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.


Women appointed

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 England and Wales were
Helena Normanton Helena Florence Normanton, Queen's Counsel, QC (14 December 1882 – 14 October 1957) was the first woman to take advantage of the Sex Disqualification (Removal) Act 1919 and join an institution of the legal profession. In November 1922, she was ...
and
Rose Heilbron Dame Rose Heilbron DBE, QC (19 August 1914 – 8 December 2005) was a British barrister who served as a High Court judge. Her career included many "firsts" for a woman – she was the first woman to achieve a first class honours degree in l ...
in 1949. They were preceded by
Margaret Kidd Dame Margaret Henderson Kidd, Mrs MacDonald (14 March 1900 – 22 March 1989) was a Scottish legal advocate, editor and politician. She was the first woman to become a member of the Faculty of Advocates, the first woman advocate to appear befor ...
KC (later Dame Margaret Kidd QC) appointed a KC in Scotland in 1948.


Recent developments in the United Kingdom


England and Wales

In 1994 solicitors of England and Wales became entitled to gain
rights of audience In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the ...
in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors became entitled to apply for appointment as Queen's Counsel. The first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott (53), partner in the London office of the American law firm of
Wilmer Cutler Pickering Hale and Dorr Wilmer Cutler Pickering Hale and Dorr LLP, also known as Hale & Dorr and WilmerHale, is an international law firm with offices in the United States, Europe and Asia. It is co-headquartered in Washington, D.C. and Boston. It was formed in 2004 thr ...
based in Washington, D.C., and Lawrence Collins (55), a partner in the
City of London The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...
law firm of
Herbert Smith Herbert Smith LLP was a multinational law firm headquartered in London, United Kingdom. The firm was founded in the City of London in 1882 by Norman Herbert Smith and merged with the Australian law firm Freehills on 1 October 2012, forming Herber ...
. Collins was subsequently appointed a High Court judge and ultimately
Justice of the Supreme Court of the United Kingdom Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president. The Supreme Court is the highest court of the United Kingdom for civil and crimi ...
. 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 to those (especially foreign commercial litigants) who did not have much else to go on, 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. 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), 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, the Queen's Counsel Selection 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 The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
, but without comment 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''.


Northern Ireland

The title of KC continues to be used. In 1998 two Northern Ireland barristers ( Seamus 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". 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. In 1997, the
Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
,
Sir Robert Carswell Robert Douglas Carswell, Baron Carswell, PC (born 28 June 1934) is a retired Lord of Appeal in Ordinary. Early life The son of Alan and Nance Carswell was educated at the Royal Belfast Academical Institution and Pembroke College, Oxford, wh ...
, wrote "I have little doubt myself that this is all part of an ongoing based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect".


Scotland

The independent Bar is organised as the
Faculty of Advocates The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...
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 , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice ...
and
Solicitor General for Scotland , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Ruth Charteris QC.png , incumbent = Ruth Charteris KC , incumbentsince = 22 June 2021 , department = Crown Office and ...
) 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. The appointment of King's Counsel is made on the recommendation of the
Lord Justice General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
to the
First Minister of Scotland The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs ...
, formerly the
Secretary of State for Scotland The secretary of state for Scotland ( gd, Rùnaire Stàite na h-Alba; sco, Secretar o State fir Scotland), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the Unit ...
. In the 1990s, rules were changed so that solicitors with rights of audience in the
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
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 ''King's Counsel, Solicitor Advocate''.


King's Counsel (''honoris causa'')

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


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. However, for now the practice persists for law officers of the Crown. Former
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney ...
,
Jeremy Wright Sir Jeremy Paul Wright , MP (born 24 October 1972) is a British lawyer and politician who served as Attorney General for England and Wales from 2014 to 2018 and as Secretary of State for Digital, Culture, Media and Sport from 2018 to 2019. A ...
, was not a QC when he was appointed, a subject which attracted some comment. But, despite not having practised law for some time, Wright took silk shortly after his appointment, which was criticised by some as a breach of the protocol against "courtesy silk". Similarly when
Harriet Harman Harriet Ruth Harman (born 30 July 1950) is a British politician and solicitor who has served as Member of Parliament (MP) for Camberwell and Peckham, formerly Peckham, since 1982. A member of the Labour Party, she has served in various Cabi ...
was appointed as Solicitor General she was made a QC and when
Suella Braverman Sue-Ellen Cassiana "Suella" Braverman (; ''née'' Fernandes, born 3 April 1980) is a British barrister and politician who has served as Home Secretary since 25 October 2022. She previously held the position from 6 September to 19 October 2022 ...
took silk on 25 February 2020; earlier that month she had, like Wright, been appointed Attorney General.


Death of Queen Elizabeth II

Upon the
death of Elizabeth II On 8 September 2022, at 15:10 BST, Elizabeth II, Queen of the United Kingdom and the other Commonwealth realms, and the longest-reigning British monarch, died of old age at Balmoral Castle in Scotland, at the age of 96. The Queen's death ...
and the succession of
Charles III Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
, the
General Council of the Bar The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the 'approved regulator' of barristers, but discharges its regulatory functi ...
wrote that all QC titles changed to KC "with immediate effect". This was not a matter of decision by the Bar Council, nor by the Crown Office. It is the automatic effect of the
Demise of the Crown Act 1901 Demise is an Anglo-Norman legal term (from French ''démettre'', from Latin ''dimittere'', to send away) for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment." The ...
, s 1.


Countries that retain the designation

King's Counsel are retained in several
Commonwealth realm A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s where
Charles III Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
is
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
.


Australia

Appointments in the
Commonwealth of Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
are made at both a federal and state level. The selection process varies from state to state. In
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, 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. From 1993, the
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
and most state and territory governments began to replace the title of Queen's Counsel and appointment by
letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
with the title
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
(SC) as an honorific conferred by the legal profession. There is no difference in status between a Queen's Counsel and a Senior Counsel. The first states to change to the title of Senior Counsel were New South Wales in 1993 and
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...
in 1994. Most other states and the Commonwealth Government followed over the next 15 years, including the ACT in 1995,
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
in 2000 (though this was reversed in 2014),
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
in 2001,
Tasmania ) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdi ...
in 2005, and South Australia in 2008. In the
Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. 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. 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. 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 opted to retain their title of Senior Counsel. In 2014, Victoria also restored the rank of Queen's Counsel,Victoria to give senior barristers option to become QCs
/ref> 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. In 2019, the
South Australian South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest o ...
Government announced it was also going to reinstate the title of Queen's Counsel, and most eligible took the opportunity. The Commonwealth appointed Queen's Counsels until March 2007. On 8 July 2010, Gillard Government Attorney-General Robert McClelland appointed the first Commonwealth "Senior Counsel". In March 2014, Attorney-General
George Brandis George Henry Brandis (born 22 June 1957) is a former Australian politician. He was a Senator for Queensland from 2000 to 2018, representing the Liberal Party, and was a cabinet minister in the Abbott and Turnbull governments. He was later Hi ...
QC announced that the Commonwealth would revert to using the title of Queen's Counsel for new appointments and would give all existing Commonwealth Senior Counsel the option of changing their post-nominal to QC. 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.Justice P. D. Cummins, 'Reflections on Judicial Office', paper presented on 1 September 2009, 11. 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. 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. With the death of Queen Elizabeth II the
Australian Bar Association The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia. The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...
confirmed that all Queen's Counsel would become King's Counsel.


Canada


Constitutional authority to appoint King's Counsel

In Canada, both the federal government and the provincial governments have the constitutional authority to appoint a lawyer as King's Counsel. This point was decided in 1897 by the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
in a case on appeal from the Canadian courts titled ''The Attorney General for the Dominion of Canada v. The Attorney General for the Province of Ontario (Queen's Counsel).'' 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.''Attorney General for the Dominion of Canada v Attorney General for the Province of Ontario''
897 __NOTOC__ Year 897 ( DCCCXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – King Lambert II travels to Rome with his mother, Queen Agelt ...
UKPC 49,
898 __NOTOC__ Year 898 ( DCCCXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * January 1 – King Odo I (or Eudes) dies at La Fère (Northern France) af ...
AC 247.
During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law" but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ( or 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 ( or ).


Criticisms and reforms

Lawyers continue to be appointed King's Counsel by the federal government and by eight of the ten Canadian provinces. The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation. However, in those provinces which continue to appoint lawyers as King'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 under the Harper Ministry. Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In 2014, the Government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service. Since 2015, under the
Trudeau Ministry The Twenty-Ninth Canadian Ministry is the Cabinet, chaired by Prime Minister Justin Trudeau, that began governing Canada shortly before the opening of the 42nd Parliament. The original members were sworn in during a ceremony held at Rideau H ...
, federal appointment as a Queen's Counsel has been limited to the Attorney General of Canada. Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and
David Lametti David T. Lametti (born August 10, 1962) is a Canadian politician who has been the minister of justice and attorney general of Canada since 2019. A member of the Liberal Party, Lametti sits as a member of Parliament (MP) and has represented L ...
was appointed a Queen's Counsel on 15 April 2019.


=Alberta

= The
provincial Cabinet Provincial may refer to: Government & Administration * Provincial capitals, an administrative sub-national capital of a country * Provincial city (disambiguation) * Provincial minister (disambiguation) * Provincial Secretary, a position in Can ...
appoints the King's Counsel recipients, who must have been called to the bar for at least 10 years. The honorary title recognises lawyers who have made significant contributions to the legal profession or in public life. Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. 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. In 2020, the province designated over 130 lawyers as Queen's Counsel, and another round of appointees in February 2022.


=British Columbia

= King's Counsel are appointed by the provincial Cabinet on the advice of the
Attorney General of British Columbia The attorney general of British Columbia (AG) oversees the Ministry of Attorney General, a provincial government department responsible for the oversight of the justice system, within the province of British Columbia, Canada. The attorney general ...
. 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 British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of Britis ...
, the Chief Justice of the
Supreme Court of British Columbia Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-e ...
, and two lawyers appointed by the
Law Society of British Columbia The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada. Purpose The society's primary mandate under the ''Legal Profession Act'' is to uphold and protect the public interest in the administration of ...
. A recipient must have at least five years' standing at the bar of British Columbia.''Queen's Counsel Act''
RSBC 1996, c 393.
In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the
Provincial Court The provincial and territorial courts in Canada are local trial "inferior" or "lower" courts of limited jurisdiction established in each of the provinces and territories of Canada. These courts typically hear criminal, civil (or “small claims ...
, the president of the British Columbia Branch of the
Canadian Bar Association The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in Canadian French, French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. History The Association's first Annu ...
and the
deputy attorney general The Deputy Attorney General (DAG) is the second-highest-ranking official in a department of justice or of law, in various governments of the world. In those governments, the deputy attorney general oversees the day-to-day operation of the departme ...
. Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in the profession, or have done outstanding work in legal scholarship.British Columbia: Queen's Counsel Nomination Process.
/ref> In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. The Attorney General is automatically appointed as King's Counsel on taking office.


=Manitoba

= The government of Manitoba stopped appointing King'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 The Law Society of Manitoba (LSM) is the self-governing regulatory body of the legal profession in Manitoba, Canada. Membership in the LSM is required in order to practice law in the province. , the LSM had 2072 members with active practising s ...
. However, the new designation was never adopted. Existing designations remain in effect. In 2019, Manitoba re-instituted the Queen's Counsel designation.


=New Brunswick

= The Lieutenant Governor appoints King's Counsel on the advice of a committee comprising the
Chief Justice of New Brunswick The Chief Justice of the Province of New Brunswick, Canada holds the highest office within the Province's judicial system. The Chief Justice is a member of the Court of Appeal, the highest court in the Province which includes five other judges plus ...
, the
Attorney General of New Brunswick The Office of the Attorney General (french: Cabinet du procureur général) is a part of the government of New Brunswick. It is charged providing legal services to all departments and agencies of the government. The post of attorney general is th ...
, and the president of the Law Society of New Brunswick. The committee's recommendation must be unanimous. 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 The Deputy Attorney General (DAG) is the second-highest-ranking official in a department of justice or of law, in various governments of the world. In those governments, the deputy attorney general oversees the day-to-day operation of the departme ...
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. In 2016, the province designated eleven lawyers as Queen's Counsel.


=Newfoundland and Labrador

= The Lieutenant Governor in Council appoints King'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 The Law Society of Newfoundland Labrador founded in 1834 (as Newfoundland Law Society and current name in 1999) is the statutory body charged with the regulation of the legal profession in the Canadian province of Newfoundland and Labrador. Ref ...
, 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. The appointments process has been criticised in the past as lacking transparency and being too open to political appointments. In 2017, the government appointed eleven lawyers as Queen's Counsel.


=Nova Scotia

= The Lieutenant Governor appoints King'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. The Minister of Justice is advised by an independent advisory committee, through the Nova Scotia Barristers' Society.Nova Scotia Lawyers Receive Prestigious Designation
, 23 February 2017.
Eligible candidates can apply, or they can be nominated by others. Applications generally open in September of each year, with appointments made annually. 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. 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. In 2017, the government appointed 14 lawyers as Queen's Counsel.


=Ontario

= The Government of
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
stopped making appointments in 1985. The then-Premier of Ontario,
David Peterson David Robert Peterson (born December 28, 1943) is a Canadian lawyer and former politician who served as the 20th premier of Ontario from 1985 to 1990. He was the first Liberal officeholder in 42 years, ending the so-called Tory dynasty. Backgro ...
made a statement in the house giving five reasons: # 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; # the use of the designation misled the public, because it was more based on who one knows than what one knows; # it was unfair to lawyers who for whatever reason have not been designated, leading to questions about their standing in the profession; # no other profession received government awards of this type; # the designation had been used in Ontario mainly as a form of political patronage. 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 Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, academic degree, accreditation, ...
. In response to the government's decision, the
Law Society of Upper Canada The Law Society of Ontario (LSO; french: Barreau de l'Ontario) is the law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario. Founded in 1797 as the Law Society of Upper Canada (LSUC; frenc ...
, 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. Lawyers who are designated Certified Specialist are recognized and experienced in their field of law and have met high standards imposed by the Law Society of Ontario. This is commonly identified as modern day replacement to the Queen's Counsel (QC) designation. 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.


= 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 Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
or the
Supreme Court of Prince Edward Island The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, curre ...
, and a judge of the
Provincial Court of Prince Edward Island The Provincial Court of Prince Edward Island is the provincial court of the Canadian province of Prince Edward Island, established according to the ''Provincial Court Act''. The Provincial Court has three judges, who sit in Summerside, Charlotteto ...
. The committee's recommendations must be carried by at least a vote. 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. In 2016, the government appointed two lawyers as Queen's Counsel.


=Quebec

= The Government of Quebec stopped appointing Queen's Counsel in 1975. Over thirty 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". As of July 2018, the Barreau had awarded the distinction to over 350 lawyers.


=Saskatchewan

= The Lieutenant Governor-in-Council (i.e. the provincial Cabinet) appoints lawyers as King'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 The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
, or the United Kingdom. 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 The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, incl ...
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 The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in Canadian French, French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. History The Association's first Annu ...
and the
Law Society of Saskatchewan The Law Society of Saskatchewan is the governing body for lawyers in the Province of Saskatchewan, Canada. History The Law Society of Saskatchewan was established in 1907, by the ''Legal Professions Act'', following the establishment of the Prov ...
. In 2020, the Government appointed fifteen lawyers as Queen's Counsel.


New Zealand

In 2006, the title was renamed
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
, 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 Christopher Francis Finlayson (born 1956) is a New Zealand lawyer and former Member of Parliament, representing the National Party. He was elected to Parliament in 2005. In the Fifth National Government, from 2008 to 2017, he was Attorney-Ge ...
announced that the title of Queen's Counsel would be reinstated, and a bill to implement the restoration was introduced into Parliament in March 2010. The bill passed committee stage in November 2012, was passed in a third reading and received the Royal Assent on 19 November 2012. In December 2012, Finlayson was one of the first appointments under the reinstated regime.


Jurisdictions that have abolished the designation

In jurisdictions that have become republics, the office of Queen's Counsel has sometimes been replaced with an equivalent, for example,
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
in
Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). ...
, South Africa, Kenya],
Trinidad and Tobago Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
and
Guyana Guyana ( or ), officially the Cooperative Republic of Guyana, is a country on the northern mainland of South America. Guyana is an indigenous word which means "Land of Many Waters". The capital city is Georgetown. Guyana is bordered by the ...
;
Senior Advocate The title of Senior Counsel or State Counsel ( post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdic ...
in Nigeria, India and Bangladesh; and
President's Counsel President's Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appoi ...
in
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
.


Barbados

With Barbados becoming a republic on 30 November 2021 and the
President of Barbados The president of Barbados is the head of state of Barbados and the commander-in-chief of the Barbados Defence Force. The office was established when the country became a parliamentary republic on 30 November 2021. Before, the head of state was ...
replacing Queen Elizabeth II as head of state, barristers will no longer be appointed as Queen's Counsel – but most likely will be appointed Senior Counsel.


Cyprus

When
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
was a
crown colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Counci ...
, the title of Queen's Counsel was granted to the colony's Attorney General. Although most Attorneys General in Cyprus were British, the two Cypriots who served in this position also received this title. They were Stelios Pavlides QC CMG, 1943-1952, and Criton Tornaritis QC, 1952-1956, who was also the first Attorney General of the
Republic of Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
after her independence in 1960. Also, this title was given to lawyers with an outstanding career in the Legal Services of the Colonial Government, such as Ioannis Clerides QC
CBE The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...
, Neoptolemos Paschalis QC OBE and George Chryssafinis QC OBE.


Hong Kong

In Hong Kong, the rank of Queen's Counsel was granted when it was a
crown colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Counci ...
and a
British dependent territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
. 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 The chief justice of Hong Kong was, until 1997, the chief judge (, later 首席大法官) of the Court of Appeal of the Supreme Court of Hong Kong and the most senior judge in the court system. Supreme Court of Hong Kong The Supreme Court of Hong ...
. As Hong Kong was transferred from the United Kingdom in 1997, barristers are no longer appointed Queen's Counsel (QC), but
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
(SC). The change is in name only; the role is in all practical respects unchanged even down to the full bottomed wig, gloves, robe and shoes worn annually at the commencement of the Judicial Year. Those appointed before the change were renamed Senior Counsel.


Ireland

The title of King's Counsel was conferred until July 1924. The title of
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
was introduced in the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
in July 1924.Vol.114 No.4 cols.493–5
24 February 1949
Patents were issued by the
Chief Justice of the Irish Free State The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and adminis ...
and since 1937, patents are issued by the
Chief Justice of Ireland The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and admini ...
.


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.


Nigeria

Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
replaced the QC nomenclature with the new title of
Senior Advocate of Nigeria Senior Advocate of Nigeria (SAN) is a title that may be conferred on legal practitioners in Nigeria of not less than ten years' standing and who have distinguished themselves in the legal profession. It is the equivalent of the rank of Queen's Coun ...
(SAN) beginning in 1975. 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.


Singapore

Since independence, the use of Queen's Counsel was replaced by
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
.


Sri Lanka

President's Counsel President's Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appoi ...
(
postnominal Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, academic degree, accreditation, ...
PC) is a professional rank, as their status is conferred by the
president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, 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 Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, academic degree, accreditation, ...
''PC'' after his or her name.


Zambia

In
Zambia Zambia (), officially the Republic of Zambia, is a landlocked country at the crossroads of Central Africa, Central, Southern Africa, Southern and East Africa, although it is typically referred to as being in Southern Africa at its most cent ...
the designation was changed to State Counsel after independence from Britain since 1964. 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, but 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 Michael Charles Chilufya Sata (6 July 1937 – 28 October 2014) was a Zambian politician who was the fifth president of Zambia, from 23 September 2011 until his death on 28 October 2014. A social democrat, he led the Patriotic Front (PF), a maj ...
appointed Mumba Kapumpa, John Sangwa and Robert Simeza as SCs.


King's Counsel dress

The following relates to the dress of King's Counsel at the Bar of England and Wales. Most other jurisdictions adopt the same dress, but there are some local variations. King'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, except that the wing-collar with bands may be replaced with a court bib (or collarette). Upon promotion to King'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 King'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, the Bar being still in mourning for Queen Anne who died on 1 August 1714, but that point is now of historical interest only. A female King's Counsel wears a gown and wig similar to that of her male counterparts.


Ceremonial dress

For ceremonial occasions, King'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, King'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 King's Counsel as ''silks'' and to the phrase ''taking silk'' referring to their appointment. When wearing the full bottomed wig, King'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.


See also

*
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
, similar status used by some Australian jurisdictions and by some jurisdictions in which the British monarch is not head of state. *
Serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...
, a now defunct rank of senior barrister. *
King's Counsel Selection Panel The King's Counsel Selection Panel is an independent and self-funding body responsible for awarding appointments as a King's Counsel within England and Wales. Background In 2003, appointments to Queen's Counsel (QC) were suspended and expected ...
, The King's Counsel Selection Panel for England and Wales. * ''Silk'' (TV series), a BBC 2011 legal drama showing the competitive pursuit of silk. * '' Kavanagh QC'', a 1995-2001
ITV ITV or iTV may refer to: ITV *Independent Television (ITV), a British television network, consisting of: ** ITV (TV network), a free-to-air national commercial television network covering the United Kingdom, the Isle of Man, and the Channel Islan ...
legal drama starring
John Thaw John Edward Thaw, (3 January 1942 – 21 February 2002) was an English actor who appeared in a range of television, stage, and cinema roles. He starred in the television series ''Inspector Morse'' as title character Detective Chief Inspector ...
.


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{{Commons category
The Queen's Counsel of England and Wales 2010Paper on Queen's Counsel constitutional reforms
a paper written in 2001 for the
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
Barristers' Society reviewing the history of the QC and current practices throughout Canada and the Commonwealth.
Guardian 2004-04-10: QC system replaced by new scheme after 400 yearsWebsite for the English KC appointments procedureCanadian Forces Administrative Order 18-4 Recommendations for Canadian Orders, Decorations and Military Honours
Bar of England and Wales QC Common law Law of the United Kingdom Law enforcement in Wales