
A King's Counsel (
post-nominal initials KC) is a senior
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
appointed by the monarch (or their
viceregal representative) of some
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations that has the same constitutional monarch and head of state as the other realms. The current monarch is King Charles III. Except for the United Kingdom, in each of the re ...
s as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel (QC).
The position originated in England and Wales. Some Commonwealth countries have retained the designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, "
Senior Counsel" or "Senior Advocate".
Appointment as King's Counsel is an office recognised by
court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
s. Members in the UK have the privilege of sitting within the inner
bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel is known informally as ''taking silk'' and KCs are often colloquially called ''silks''. Appointments are made from within the legal profession on the basis of merit and not a particular level of experience. Successful applicants are normally
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s, or in Scotland,
advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
s, with at least 15 years of experience.
In most Canadian jurisdictions, the designation is regulated by formal statute, such as, for example, "King's Counsel Act" of British Columbia, that requires the candidates to have a minimum five years of experience, and to have made an outstanding contribution to the practice of law with high professional standards and good character and repute.
Historical origins in England and Wales
Historical background
The
attorney general
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
,
solicitor-general
A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the 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 the late 9th century, when it was unified from various Heptarchy, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, Scotland to f ...
. The first Queen's Counsel ''Extraordinary'' was Sir
Francis Bacon
Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626) was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England under King James I. Bacon argued for the importance of nat ...
, 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, King's and 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 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.
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 jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
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.
In the 19th century in England, the position was primarily one of rank within the profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel, and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barrister
A junior barrister is a barrister who has not yet attained the rank of King's Counsel. Although the term is archaic and not commonly used, junior barristers (or "juniors") can also be referred to as utter barristers derived from "outer barrist ...
s, and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with a junior barrister, and led the direction of the case. The junior barrister on a case could not disagree with the direction determined by the senior barrister.
On colonial appeals to 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 August ...
, established in 1833, the rule originally was that the case had to be led by a Queen's Counsel from England, even if the colonial counsel held the same rank in the colonial courts. This rule was not eliminated until 1884, half a century after the establishment of the Judicial Committee.[Halsbury, ''The Laws of England'', para 651, note (''p'').]
Gradually, the appointment as King's Counsel or Queen's Counsel shifted from a vocational calling to a badge of honour 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 August ...
, that:
Restrictions
Until the late 19th century, some barristers were granted a patent of precedence in order to obtain the same precedence as a KC without the concomitant restrictions. King's Counsel were originally considered an office of profit and hence, under the Act of Settlement 1701
The Act of Settlement ( 12 & 13 Will. 3. c. 2) is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catho ...
, incompatible with membership of the House of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, 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 ...
. KCs were also required to take the Oath of Supremacy
The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
, which Daniel O'Connell
Daniel(I) O’Connell (; 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 mobilisation of Catholic Irelan ...
refused as a Roman Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
. 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, KCs were not allowed to appear against the Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...
, KCs had to have a licence to appear in criminal cases for the defence. King's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define t ...
s alone; a junior barrister had to be retained. They could not appear in judges' chambers or inferior courts, either, other than in exceptional cases. 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 s ...
in London.[
These restrictions had a number of consequences: they made the taking of silk something of a professional risk, because the appointment abolished 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. Appointment as QC has been said to be a matter of status and prestige only, with no formal disadvantages.
In the 21st century, King's Counsel continue to have the seniority in audience, following the Attorney General and the Solicitor General. It is still the rule that junior counsel must follow the lead of senior counsel in pleading a case, and cannot depart from senior counsel's approach to the issues.
]
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 female barrister in the United Kingdom. In November 1922, she was the second woman to be call to the bar, called to the Bar of England and Wales, ...
and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed a KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell, appointed 1962, who later became the first female Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
of the Supreme Court of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in ...
(1965), and then the first female Acting Chief Justice.
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 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, partner in the London office of the Wilmer Cutler Pickering Hale and Dorr, and Lawrence Collins, a partner in the City of London
The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
law firm Herbert Smith. Collins was subsequently appointed a High Court judge and ultimately a 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 President of the Supreme Court of the United Kingdom, the president and Deputy President of the Supreme Court of the United ...
.
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, women, and ethnic minorities.
In November 2004, after much public debate in favour of and against retaining the title, 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
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 ...
, 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 titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, 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 continued to be used under the rule of Queen Elizabeth II. 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 1997, the Lord Chief Justice
The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales.
Until 2005 the lord chief justice was the second-most senior judge of the English a ...
, Sir Robert Carswell, 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".
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.
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 const ...
and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. The Scottish bar did have a concept of senior counsel before the introduction of the formal rank of Queen's Counsel. An advocate would self-declare that they were 'giving up writing', meaning that they would no longer draft pleadings and move onto a supervisory role in litigation. In practice this meant that the practitioner would review and revise the written pleadings of their junior.
Initially the status of QC was reserved first for law officers (Lord Advocate
His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
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 names of the first appointees were published in the Edinburgh Gazette on 3 September 1897. By decision of Lord President Robertson, these first Scottish Queen's Counsel were not required to make a declaration not to act against the Crown, and so Scottish King's Counsel have never been required to obtain a licence to plead in order to do so.
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 () is the head of government of Scotland. The first minister leads the Scottish Government, the Executive (government), executive branch of the devolved government and is th ...
, formerly the Secretary of State for Scotland
The secretary of state for Scotland (; ), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incum ...
. In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
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 designated as ''King's Counsel, Solicitor Advocate''.
''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 appointments for Members of Parliament
Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were appointed QC, if they wished, on reaching a certain level of seniority of around fifteen years at the bar. Such appointments were sometimes known as "courtesy" or even "false" silk, and also as "nylons". 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 the chief legal adviser to the sovereign and Government in affairs pertaining to England and Wales as well as the highest ranking amongst the law officers of the Crown. The attorney gener ...
Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment. 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, Baroness Harman, (born 30 July 1950), is a British politician and solicitor who served as Deputy Leader of the Labour Party (UK), Deputy Leader of the Labour Party and Chair of the Labour Party (UK), Chair of the Labour Pa ...
was appointed as Solicitor General
A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
she was made a QC. Suella Braverman 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 Queen Elizabeth II and the succession of King Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms.
Charles was born at Buckingham Palace during the reign of his maternal grandfather, King George VI, and ...
, 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 delegates 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, 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 that has the same constitutional monarch and head of state as the other realms. The current monarch is King Charles III. Except for the United Kingdom, in each of the re ...
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.
Charles was born at Buckingham Palace during the reign of his maternal grandfather, King George VI, and ...
is head of state
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
.
Australia
Appointments in the Commonwealth of Australia
Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It has a total area of , making it the sixth-largest country in ...
are made at both a federal and state level. The selection process varies from state to state. In New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, for example, the process involves a committee made up of senior members of the 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 committee deliberates 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. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
and most state and territory governments began to replace the title of Queen's Counsel and appointment by letters patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...
with the title Senior Counsel as an honorific conferred by the legal profession, a trend that would reverse in the 2010s. There is no difference in status between a King'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
Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
in 1994. Most other states and the Commonwealth Government followed over the next 15 years, including the ACT in 1995, Victoria in 2000, Western Australia
Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
in 2001, Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
in 2005, and South Australia in 2008. In the Northern Territory
The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
, the rank of King'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 QC before the change in each jurisdiction were permitted to retain the old title.
In the 2010s, some states moved 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](_blank)
/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 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 Counsel 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 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.
With the death of Queen Elizabeth II, the Australian Bar Association confirmed that all existing Queen's Counsel would become King's Counsel automatically.
When taking judicial office in a superior court, a barrister loses the title of King'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 "KC" and "SC" postnominals should not be used for superior court judges.
Summary of Australian jurisdictions
Canada
Constitutional authority for appointments
In Canada, both the federal government and the provincial governments have the constitutional authority to appoint a lawyer as King's Counsel.[''Attorney General for the Dominion of Canada v Attorney General for the Province of Ontario''](_blank)
897UKPC 49, 898AC 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 nine of the ten Canadian provinces
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, N ...
. 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, federal appointments as a Queen's Counsel (or King's Counsel since 8 September 2022) has been limited to the Attorney General of Canada
The asterisk ( ), from Late Latin , from Ancient Greek , , "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star.
Computer scientists and mathematicians often vocalize it as st ...
. Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and David Lametti was appointed a Queen's Counsel on 15 April 2019.
=Alberta
=
The provincial Cabinet appoints lawyers, of at least 10 years' standing, as King's Counsel. Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. Applications are 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. 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
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judici ...
, and two lawyers appointed by the Law Society of British Columbia. 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 court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are Government of Canada, feder ...
, the president of the British Columbia Branch of the Canadian Bar Association
The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in French, represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.
History
The Association's first Annual Meeting was ...
and the deputy attorney general. 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.](_blank)
/ref>
In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees.
The Attorney General of British Columbia is automatically appointed as King's Counsel on taking office.[
]
=Manitoba
=
The government of Manitoba stopped appointing Queen's Counsel in 2001. Existing designations had remained in effect. In 2019, Manitoba re-instituted the Queen's Counsel designation. Appointments are made by the Law Society of Manitoba.
=New Brunswick
=
The Lieutenant Governor appoints King'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. 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. 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, 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
=
From 1985 to 2022, the Government of Ontario
Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
stopped making appointments. In 1985, 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.
Back ...
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; and
# 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. Although the government did stop awarding the designation, it did not formally abolish it. Lawyers appointed as Queen's Counsel prior to 1985 continued to use the QC (KC) or cr postnominal letters. In response to the government's decision, the Law Society of Upper Canada
The Law Society of Ontario (LSO; ) 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; ), its name was changed by statu ...
, the governing body for Ontario lawyers, implemented the Law Society Medal in 1985 to recognise excellence in the profession. Recipients are entitled to use "LSM" 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 continued to recognize the Queen's Counsel designations of Ontario lawyers appearing before it where those lawyers were accorded the honorific by the Federal Government.
On 30 June 2023, the Attorney General for Ontario reinstituted the practice of appointing King's Counsel, in honour of the coronation of Charles III
The Coronation of the British monarch, coronation of Charles III and his wife, Queen Camilla, Camilla, as Monarchy of the United Kingdom, king and List of British royal consorts, queen of the United Kingdom and the 14 other Commonwealth re ...
. Until the designation's reinstitution in 2023, there were calls from some members of the Ontario bar for the province to reinstate the King's Counsel designation, on a merit basis, to help Ontario lawyers remain competitive internationally. However, the appointment of ninety-one Ontario lawyers, which included provincial Progressive Conservative cabinet ministers, conservative members of the Ontario Parliament, the Ontario Attorney General's former staff members and more than a dozen party donors drew criticism.
In response, the Premier of Ontario promised on 18 July 2023 to change how King's Counsel designations would be awarded to lawyers. A spokesman for the Attorney General of Ontario
The attorney general of Ontario is the Attorney general, chief legal adviser to Monarchy in Ontario, His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The attorney general is a senior member of the Executi ...
said that in the future there will be a public application process and lawyers will have to demonstrate "a significant contribution to our justice system and work in the public interest." At a press conference to discuss the decision of the Federal Impact Assessment Act on 30 November 2023, in answer to a reporter's question, the Attorney General of Ontario advised that a new process for awarding King's Counsel designations by the Government of Ontario should be announced "soon" and "shortly." Despite calls for the appointments in June 2023 to be rescinded, the Attorney General also confirmed that "all of the individuals who received King's Counsel designationthrough service to the Crown will retain their designation". The head of the Law Society of Ontario
The Law Society of Ontario (LSO; ) is the law society responsible for the self-regulation of lawyers and paralegals in the Provinces and territories of Canada, Canadian province of Ontario. Founded in 1797 as the Law Society of Upper Canada (LS ...
had been offered a KC appointment but declined owing to the lack of selection criteria. In November 2023, the Advocates' Society wrote to the Attorney General to say that the main criterion for a KC appointment should be professional excellence rather than political affiliation and patronage, stating "If the designation is permitted to fall into such disrepute again, public confidence in the legal profession will be undermined".
In August 2024, Premier Doug Ford
Douglas Robert Ford Jr. (born November 20, 1964) is a Canadian politician and businessman who has served as the 26th and current premier of Ontario and leader of the Progressive Conservative Party since 2018. He represents the Toronto rid ...
said that the plan to create a protocol for KC appointments was not a priority, stating: "People don't give two hoots if they have KC behind their names." No further appointments have been made since July 2023, and the government has given no indication that it will make appointments in the future.
= 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
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
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 vote. To be considered for appointment, a lawyer must have 10 years at the bar of Prince Edward Island.[Honours & Awards – Queen's Counsel (QC)]
. Law Society of Prince Edward Island.
The lawyer must 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 or territory of Canada or the United Kingdom, for a period of at least 10 years. 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
The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in French, represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.
History
The Association's first Annual Meeting was ...
and the Law Society of Saskatchewan. In December 2023, the Government appointed fourteen lawyers as King's Counsel, with an additional four in early 2024.
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
Christopher Francis Finlayson (born 1956) is a New Zealand lawyer and former Member of Parliament, representing the New Zealand National Party, National Party.
He was elected to Parliament in 2005. In the Fifth National Government of New Zeal ...
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.
Caribbean jurisdictions
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 in Barbados
Barbados, officially the Republic of Barbados, is an island country in the Atlantic Ocean. It is part of the Lesser Antilles of the West Indies and the easternmost island of the Caribbean region. It lies on the boundary of the South American ...
, South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
, Kenya
Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. ...
, Trinidad and Tobago
Trinidad and Tobago, officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean, comprising the main islands of Trinidad and Tobago, along with several List of islands of Trinidad and Tobago, smaller i ...
and Guyana
Guyana, officially the Co-operative Republic of Guyana, is a country on the northern coast of South America, part of the historic British West Indies. entry "Guyana" Georgetown, Guyana, Georgetown is the capital of Guyana and is also the co ...
; Senior Advocate in Nigeria, India and Bangladesh; and President's Counsel in Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
.
Barbados
With Barbados becoming a republic on 30 November 2021 and the President of Barbados
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:
Arts and entertainment Film and television
*'' Præsident ...
replacing Queen Elizabeth II as head of state, barristers were no longer to be appointed as Queen's Counsel; however, those who had been appointed prior to the change of status were not required to adopt the title of Senior Counsel, and following the accession of King Charles to the British throne, were free to change their designation to King's Counsel. Any future appointments are likely to be Senior Counsel.
Cyprus
When Cyprus
Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of isl ...
was a crown colony
A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
, 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, 1943–1952, and Criton Tornaritis, 1952–1956, who was also the first attorney general of the Republic of Cyprus
Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the third lar ...
after its independence in 1960. Also, this title was given to lawyers with an outstanding career in the Law Office of the Colonial Government, such as Ioannis Clerides, Neoptolemos Paschalis and George Chryssafinis.
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 governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
and a 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
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 (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 only King's Counsel appointed under the Irish Free State
The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
was John O'Byrne, who was the Attorney General of Ireland, then later on, he was a judge on both the High Court of Ireland and the Supreme Court of Ireland
The Supreme Court of Ireland () is the highest judicial authority in Republic of Ireland, Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal (Ireland), Court of Appeal and the High Court (Ireland), Hig ...
.
The title of Senior Counsel was introduced in the Irish Free State
The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
in July 1924.[Vol.114 No.4 cols.493–5](_blank)
24 February 1949 Patents were issued by the Chief Justice of the Irish Free State and since 1937, patents are issued by the Chief Justice of Ireland
The chief justice of Ireland () is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and the most senior judge in the Republic of Ireland. The role includes several constitutional and administrativ ...
.
However, many barristers continued to describe themselves as K.C. long after independence, even those who had been called to the bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
after 1924. As late as the 1960s, R.G.L. Leonard (made KC before 1922) was described in the official Irish law report
A or is a compilation of Legal opinion, judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequ ...
s as "Queen's Counsel", reflecting the accession of Elizabeth II
Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...
in 1952.
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, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...
replaced the QC nomenclature with the new title of Senior Advocate of Nigeria (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 King's Counsel. The SANs are entitled to wear silk gowns and enjoy similar privileges as the King's Counsel.
Singapore
Since independence, the title of Queen's Counsel was replaced by Senior Counsel.
South Africa
Following the establishment of a republic on 31 May 1961, the title of Queen's Counsel was replaced by Senior Counsel, or ''Senior Advokaat'' in Afrikaans
Afrikaans is a West Germanic languages, West Germanic language spoken in South Africa, Namibia and to a lesser extent Botswana, Zambia, Zimbabwe and also Argentina where there is a group in Sarmiento, Chubut, Sarmiento that speaks the Pat ...
.
Sri Lanka
President's Counsel ( postnominal 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:
Arts and entertainment Film and television
*'' Præsident ...
, recognised by the courts and wear silk gowns of a special design. It is the equivalent of the rank of King'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, an 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. It is typically referred to being in South-Central Africa or Southern Africa. It is bor ...
the designation was changed to State Counsel after independence from Britain in 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 served as the fifth president of Zambia from 2011 until Death and state funeral of Michael Sata, his death in 2014. A social democrat, he led the Patrio ...
appointed Mumba Kapumpa, John Sangwa and Robert Simeza as SCs.
Zimbabwe
Following the declaration of a republic by the Smith regime in Rhodesia
Rhodesia ( , ; ), officially the Republic of Rhodesia from 1970, was an unrecognised state, unrecognised state in Southern Africa that existed from 1965 to 1979. Rhodesia served as the ''de facto'' Succession of states, successor state to the ...
, senior advocates were designated as Senior Counsel. Despite this, existing Queen's Counsels' designations were not affected.''Rhodesian Commentary''
Volumes 3–5, Ministry of Information, Immigration and Tourism, 1969, p. 21
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 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, 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 now defunct rank of senior barrister.
* King's Counsel Selection Panel, 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 legal drama starring John Thaw.
References
External links
{{Commons category
The Queen's Counsel of England and Wales 2010
Paper on Queen's Counsel constitutional reforms
a paper written in 2001 for the Nova Scotia
Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...
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 years
Website for the English KC appointments procedure
Canadian Forces Administrative Order 18-4 Recommendations for Canadian Orders, Decorations and Military Honours
Bar of England and Wales
Common law
Law of Australia
Law of Canada
Law of New Zealand
Law of the United Kingdom
Law enforcement in Wales