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Quick Summary
- Queen's counsel is a status appointed by the Crown to function as “Her Majesty’s Counsel Learned In The Law,” which courts recognize in the commonwealth countries.
- QC has traditionally been selected from barristers because they were counsel appointed to conduct court work on behalf of the monarchy.
- Awarded members often wear silk gowns with a particular design, so the recognition of QCs is affectionately referred to as "taking silk," and those receiving this honor are called silks.
What Is A Silk Lawyer?
A silk lawyer is a specialist legal adviser and courtroom advocate in commonwealth countries. They are independent, objective, and trained to advise clients on the strengths and weaknesses of their cases [1]. Queen's counsel appoints them as "Her Majesty's Counsel Learned in The Law."
This means they have specialist knowledge and a particular level of experience in and out of court, which can make a substantial difference to the outcome of a case. They are also known as a senior barrister. Successful applicants tend to be senior or junior barristers.
The majority of barristers within the legal profession are self-employed and may either work as lone practitioners or in groups known as chambers. Additionally, many barristers work for public/private sector organizations or work alongside solicitors in law firms.
What Is An Appointed King's Counsel Or Senior Counsel?
An appointed king’s council is an exclusive group of elite barristers recognized for their exceptional abilities, which, upon taking Silk, become the appointed King's Counsel or Senior Counsel (SC).
In another scenario, in the case of a queen's death, the government will appoint her counsel king's counsel. All such counselors are collectively referred to as SC and selected based on merit rather than a particular level of experience.
Experienced and renowned barristers have been granted the honorary title of Senior Counsel. Such an accolade indicates their exemplary standing in law and a public acknowledgment that the government can trust them to provide exceptional advocacy and advice for our justice system in the commonwealth countries.
Senior counsels are often referred to fondly as "taking silk" because they wear silk gowns to the supreme court - contrasted with a junior barrister. Junior barristers tend to wear wool cotton gowns.
What Does A Silk Lawyer Do?
A silk lawyer does whatever is necessary to succeed in their client's case, whether it's appearing in court or offering legal advice. They are responsible for researching the facts of a case, interviewing witnesses and clients, drafting pleadings and documents, preparing witness statements, presenting arguments in court, cross-examining witnesses, managing workloads, corresponding with the court, and handling appeals.
Silk lawyers must be familiar with law principles and have strong research and analytical skills to apply legal precedent in their cases. They must also possess excellent communication and interpersonal skills to represent their clients effectively.
Modern Day Responsibilities
The responsibilities of a Queen's Counsel have evolved to meet the demands of contemporary legal practice.
Key responsibilities include:
- Leading Cases: QCs often lead in significant and complex cases, providing strategic direction and expert advocacy in court.
- Mentoring Junior Barristers: A crucial role of QCs is to mentor and guide junior barristers, sharing their knowledge and experience to foster the next generation of legal talent.
- Advising on Complex Legal Issues: QCs provide expert opinions on intricate legal matters, helping clients and other lawyers navigate challenging legal landscapes.
- Public Engagement: Many QCs engage in public speaking and legal education, contributing to discussions on law reform and public policy.
Should you choose to pursue a trial, an experienced senior barrister will advocate for your interests and provide proficient representation with the following:
- Expertise in their legal field
- A comprehensive understanding of the principles and practical application of evidence rules
- An in-depth comprehension of litigation strategies.
- Discerning the most fitting case preparation techniques is a critical skill set.
- Convincing adversaries or the court of your client's case merits a critical skill.
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Alternative Dispute Resolution (ADR)
ADR is the umbrella term for resolving disputes without taking them through lengthy and costly court proceedings. With ADR, you can swiftly settle conflicts cost-effectively and mutually beneficial manner, ultimately discovering solutions that work best for everyone involved.
Cost Implications for Clients: Is Hiring a QC Worth It?
Engaging a Queen's Counsel (QC) can have significant cost implications for clients. The prestige of the title often translates into higher fees than non-QC barristers.
Here are some key points to consider:
- Higher Fees: QCs typically charge premium rates for their services due to their extensive experience and expertise. Clients should be prepared for these elevated costs, which can vary based on the complexity of the case and the QC's reputation.
- Value for Money: While the initial costs may be higher, clients often find hiring a QC can lead to more favorable outcomes in high-stakes cases. Their specialized knowledge and advocacy skills can be invaluable in navigating complex legal issues.
- Potential for Cost Recovery: In some cases, clients may recover legal costs if they win their case, particularly in civil litigation. Engaging in a QC may enhance the likelihood of success, making the investment worthwhile.
Iconic Cases Led by Queen’s Counsel
Several notable cases have involved Queen's Counsel that have shaped legal precedents and public discourse throughout history.
Some famous cases include:
- The Birmingham Six Case: In this landmark case, QC Gareth Peirce played a pivotal role in overturning the convictions of six men wrongfully imprisoned for a pub bombing in Birmingham, highlighting issues of police misconduct and miscarriage of justice.
- The Stephen Lawrence Inquiry: QC Michael Mansfield represented the family of Stephen Lawrence, a black teenager murdered in a racially motivated attack. His advocacy helped bring attention to systemic racism within the police force and led to significant reforms in policing practices.
- The Phone Hacking Scandal: QCs such as David Sherborne represented high-profile clients in lawsuits against major media outlets involved in phone tapping and privacy violations, leading to widespread media scrutiny and legislative changes.
Global Influence: How Queen’s Counsel Make Their Mark Worldwide
Queen's Counsel enjoys international recognition that underscores their expertise and standing within the global legal community.
Key aspects include:
- Global Influence: Many QCs are sought after for their expertise in international law and human rights issues, participating in cases that have global implications.
- Cross-Border Practice: QCs often collaborate with international law firms and represent clients in foreign jurisdictions, enhancing their visibility and reputation worldwide.
- Participation in International Tribunals: Some QCs represent clients before international courts, such as the International Criminal Court (ICC) or the European Court of Human Rights (ECHR), further solidifying their status as leading legal experts.
Specialization Areas: Where Queen’s Counsel Excel
Queen's Counsel often specialize in specific areas of law, allowing them to provide targeted expertise to clients.
Common specialization areas include:
- Criminal Law: Many QCs focus on criminal defense or prosecution, handling serious offenses, including fraud, murder, and organized crime.
- Civil Litigation: This includes personal injury claims, commercial disputes, and contract law, where QCs represent clients seeking significant damages or resolutions.
- Family Law: Some QCs specialize in complex family law matters such as divorce settlements, child custody disputes, and financial arrangements.
- Public Law: This area involves challenges against government decisions or actions, including judicial reviews and human rights cases.
- Commercial Law: Many QCs handle high-stakes corporate disputes involving mergers, acquisitions, intellectual property rights, and regulatory compliance.
How Is A Silk Lawyer Appointed?
A silk lawyer is appointed based on merit rather than years of practice.
The queen's counsel has approximately a decade to fifteen years of experience in the field; given this expertise, they charge higher fees than other attorneys and often serve as consultants for dissimilar cases.
Moreover, these premier barristers generally work with an associate barrister known as their "junior barrister." Applications for Queen's Counsel open annually, and interested lawyers must complete a form [2].
Successful applicants tend to receive letters of patents issued by Her Majesty the Queen to become one of Her Majesty's Counsels learned in the law.
"Those barristers taking Silk during Queen Elizabeth II's reign were Queen's Counsel. Upon the queen's death, the queen's counsel immediately became king's counsel."
- The Bar Council
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FAQs
What Does It Mean To Become A Silk?
To become a silk means that a Queen's Counsel is a lawyer who is selected based on merit rather than experience. Silk is usually a senior barrister who has been honored with the official appointment through letters patent issued from Her Majesty. This honorary title denotes respect and admiration and implies that they are experienced in the law - known as Senior Advocate.
Why Are Queen's Counsel Colloquially Called Silks?
A Queen's Counsel is colloquially called silks because it is a homage to the traditional attire of choice for appointed queen's counsel members. Senior advocate tends to wear silk gowns in the supreme court, and junior barristers tend to wear wool.
What Is A Barrister?
A barrister is a lawyer who is involved in courtroom advocacy and litigation. A senior advocate is comparable to advocates in America, although "trial lawyers" or "litigators" here may take on roles beyond the courtroom that barristers do not.
Want To Contact a Silk Lawyer?
To gain access to the expertise of a barrister, it is customary in the legal profession to involve solicitors as they have an established rapport with barristers and can identify which one best suits your case.
If you need a queen's counsel for your case, contact Schmidt & Clark, LLP , and speak with one of our distinguished silk lawyers.
Our experienced team will help you find the perfect barrister to handle every stage, from recommending them initially to giving their final instructions.
References:
- https://legal-dictionary.thefreedictionary.com/_/403.aspx?p
- https://www.nzbar.org.nz/news/applications-appointment-queen-s-counsel