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81-491: Anthony Alfred Harmsworth Marlowe , QC (25 October 1904 – 8 September 1965) was a British barrister and politician, who served as a member of parliament (MP) for 24 years. Marlowe was the son of Thomas Marlowe , who was editor of the Daily Mail from 1899 to 1926 and also Chairman of Associated Newspapers . Thomas Marlowe gave his son the middle names 'Alfred Harmsworth' from the company's founder Alfred Harmsworth . He

162-701: A KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell , appointed 1962, who later became the first female Justice of the Supreme Court of South Australia (1965), and then the first female Acting Chief Justice. 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

243-541: 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

324-540: 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 , 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

405-470: A junior barrister, and they had to have barristers' chambers 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

486-454: A lay member appointed by the Minister for Justice . The relevant part of the 2015 act was commenced in 2019. It allows the bestowal of the title "Senior Counsel" on solicitors . The LSRA advisory committee replaces an earlier advisory committee which had no statutory basis, and no solicitor or lay member. The 2015 Act also specifies the criteria for both solicitors and barristers: It is still

567-469: A major contribution to the law of England and Wales but who operate outside court practice. 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

648-531: A press release about a 1943 election candidate; they regarded "K.C." as pro-British and thus violating Irish neutrality . In 1949, shortly before the coming into force of the Republic of Ireland Act 1948 , which created the Republic of Ireland and broke the final link with the British Crown , Frank Aiken asked John A. Costello during Taoiseach's questions "whether, in view of the fact that certain members of

729-501: 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. King's Counsel are appointed by

810-496: A specific case are entitled to use the title, and to be accorded the status, of Senior Counsel for the purposes of those proceedings. A member of the bar could be designated as a Senior Advocate upon a selection process that employs various criteria for designation. The said designation happens by the Supreme Court directly, or through the concerned state High Court . In August 2018 the Supreme Court issued guidelines to regulate

891-525: 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 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

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972-533: 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

1053-628: A warrant signed by the relevant state governor, who is the formal viceregal representative of the sovereign in the Australian states , whereas SCs receive a certificate issued by the relevant bar association or bureaucracy such as by the judicature of the state supreme court as the case may be. The title of Senior Counsel has replaced that of Queen's Counsel in Barbados, which became a republic on 30 November 2021. Those who were appointed as Q.C. are now free to change their postnominal letters to K.C., due to

1134-573: Is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms 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

1215-598: Is an office recognised by courts . 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 barristers , or in Scotland, advocates , with at least 15 years of experience. In most Canadian jurisdictions,

1296-754: Is made on the recommendation of the Lord Justice General to the First Minister of Scotland , formerly the Secretary of State for Scotland . In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is designated as King's Counsel, Solicitor Advocate . An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made

1377-465: Is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. 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

1458-466: Is the case in Ireland , Australia, Hong Kong, and South Africa. In Hong Kong, every Senior Counsel must wear a black robe and silk gown together with a wig when appearing in open court. In Ireland , Senior Counsel wear a silk gown which differs from that of a Junior Counsel; the wig is optional. The rank of Senior Counsel has also been introduced in most states and territories of Australia , even though

1539-657: Is used in the law of Singapore . There is no independent bar in Singapore and senior counsel practice as members of law firms. Prior to independence, select members were given the title of King's Counsel or Queen's Counsel. "Senior Counsel" (in Afrikaans Senior Advokaat ) replaced QC in South Africa after the Union became a republic on 31 May 1961, with appointments being made by the state president until 1994, when

1620-596: The 1964 general election , Marlowe suffered a mild heart attack at the end of March 1965. He took some time to recover and had to be taken in an ambulance to vote in a crunch debate on steel nationalisation that May. He then announced that, on medical advice, he would not fight the next election. In fact, Marlowe's health took a turn for the worse, and he resigned his seat in June, dying in September, aged 60. Queen%27s Counsel A King's Counsel ( post-nominal initials KC )

1701-513: The Courts of Justice Act 1924 came into effect, Chief Justice Hugh Kennedy , in conjunction with the Bar Council of Ireland , revived the issue of patents of precedence , which had been used in the 18th and 19th century as an alternative to a patent as KC, but had fallen into disuse from 1883 as the strictures formerly associated with the rank of KC were abolished. The Irish Free State patent wording

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1782-484: 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,

1863-607: The Kingdom of England . The first Queen's Counsel Extraordinary was Sir Francis Bacon , who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. 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 –

1944-867: The Law Society of British Columbia . A recipient must have at least five years' standing at the bar of British Columbia. In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the Provincial Court , the president of the British Columbia Branch of the Canadian Bar Association and the deputy attorney general . Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in

2025-596: The Lord Chancellor , 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

2106-605: The Lord Chief Justice , Sir Robert Carswell , wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect". 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. The independent bar

2187-565: The Oath of Supremacy , which Daniel O'Connell refused as a Roman Catholic . 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 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

2268-562: The State of Victoria , with existing and future Senior Counsel having the option to apply to be issued with letters patent appointing them as Queen's Counsel; some 89% of barristers entitled to be called Senior Counsel were reported to have applied for letters patent to become Queen's Counsel. On 18 February 2019, the South Australian Government restored the rank of Queen's Counsel. The formal difference appears to be that KCs receive

2349-573: The death of Queen Elizabeth II and the accession of King Charles III to the British throne. They are not required to become S.C.s. For example, Dame Sandra Mason , who was appointed as Q.C. is now free to change to K.C., even though she is the first President of Barbados . All new appointments will be as S.C. only. Senior Counsel is appointed in Belize, even though King Charles III is King of Belize . "Senior Counsel" ( Chinese : 資深大律師 ) replaced QC in

2430-667: The law of Hong Kong after the transfer of sovereignty over Hong Kong from the United Kingdom to China in 1997. King's Counsel who had been appointed KC in Hong Kong or British King's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became senior counsel automatically. King's Counsel from England or other senior counsel from other jurisdictions is not accorded any precedence if they are admitted generally in Hong Kong. However, visiting King's Counsel from another jurisdiction who have been admitted for

2511-409: The 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa . 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

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2592-562: The 1950s Marlowe joined a group who protested about the effects of decontrolling private housing rents. From 1960, Marlowe pressed for private healthcare patients to be given the right to buy prescription drugs at the same prices as those charged to NHS patients. In general Marlowe was a right-winger, and he abstained on a vote to endorse the Macmillan government's bid to join the European Economic Community . Safely re-elected at

2673-482: 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 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

2754-547: 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, 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

2835-661: The Army Officers' Reserve, and he joined up full-time during the Second World War ; he served as a Lieutenant-Colonel on the staff of the Judge Advocate-General. At the end of the war, Marlowe was appointed as a King's Counsel and presided at several war crimes trials in Germany covering Nazi atrocities. In November 1941, Marlowe had been elected unopposed as a Conservative Member of Parliament for Brighton , and kept

2916-708: The British change from King to Queen in 1952. The Legal Services Regulation Act 2015 provides for the Legal Services Regulatory Authority (LSRA) to establish an Advisory Committee on the grant of Patents of Precedence. The committee comprises the Chief Justice, the Presidents of the Court of Appeal and High Court , the Attorney General , heads of the Bar Council and Law Society of Ireland , and

2997-667: The Commonwealth Government followed over the next 15 years, including the ACT in 1995, Victoria in 2000, Western Australia in 2001, Tasmania in 2005, and South Australia in 2008. In the Northern Territory , 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

3078-506: The Inner Bar who received their patents as senior counsel continue to describe themselves as king's counsel, he will introduce a bill entitled an act to declare that the description of a senior counsel shall be senior counsel"; Costello said he had "no intention of wasting public time and money" on the idea. As late as the 1960s, R.G.L. Leonard (made KC before 1922) was described in the official Irish law reports as "Queen's Counsel", reflecting

3159-553: The King remains head of state . Between 1993 and 2008 all Australian jurisdictions except the Northern Territory replaced the title of Queen's Counsel with that of Senior Counsel. However, in 2013 Queensland restored the rank of Queen's Counsel and there was talk of other Australian states following suit. On 3 February 2014, the Victorian Attorney-General announced that the rank of Queen's Counsel would shortly be reinstated in

3240-586: The London office of the Wilmer Cutler Pickering Hale and Dorr , and Lawrence Collins , a partner in the City of London law firm Herbert Smith . Collins was subsequently appointed a High Court judge and ultimately a Justice of the Supreme Court of the United Kingdom . The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However,

3321-461: The Privy Council , that: The exact position occupied by a Queen's Counsel duly appointed is a subject which might admit of a good deal of discussion. It is in the nature of an office under the Crown, although any duties which it entails are almost as unsubstantial as its emoluments; and it is also in the nature of an honour or dignity to this extent, that it is a mark and recognition by the Sovereign of

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3402-585: 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. 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 and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed

3483-555: The advice of the Executive Council (government). On 14 July 1924 the Chief Justice called the first recipients to the "within the bar" and bestowed their patents. The form of the 1924 patent omitted the appointment as "one of our counsel learned in the law" from the KC patent, but retained its grant of "precedence and preaudience" to rank next after the previously appointed KC or SC. The Constitution (Amendment No. 27) Act 1936 abolished

3564-485: 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. In Canada, both the federal government and the provincial governments have

3645-522: 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. 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,

3726-445: 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

3807-527: The conferment of designation of Senior Advocate. Senior advocates' gowns have a flap at the back to distinguish them from junior counsels. The Irish Free State came into existence in December 1922 as a dominion within the British Commonwealth of Nations . John O'Byrne was the sole King's Counsel (KC) appointed after independence, in June 1924 when he was Attorney General of Ireland . Shortly after

3888-673: The constitutional authority to appoint a lawyer as King's Counsel. 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 ( conseiller de la reine or conseillère de la reine for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French ( conseillier du roi or conseillière du roi ). Lawyers continue to be appointed King's Counsel by

3969-472: 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. The attorney general , solicitor-general and king's serjeants were King's Counsel in Ordinary in

4050-414: The federal government and by nine 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

4131-507: The first 17 (out of 60 applicants) solicitors. In Northern Ireland , the designation King's Counsel (KC) or Queen's Counsel (QC) has continued since 1921, as in the rest of the United Kingdom . In 1983 Richard Ferguson , former head of the Northern Ireland bar, was called to the Inner Bar in Dublin, becoming the first to be simultaneously QC and SC. Conversely, the first SC to become QC

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4212-460: 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 . Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and David Lametti

4293-519: The government which grants the patent of privilege and the Chief Justice of Ireland who calls patentees to the Inner Bar. As of 2020 , there were about 325 SCs among about 2,300 barristers registered with the Bar Council of Ireland . On 1 September 2020 the cabinet approved the first batch of 37 recommendations of the LSRA advisory committee. These were appointed senior counsel the following day, including

4374-589: 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

4455-512: The name of the Crown. The result was that, until 1920 in England and Wales , 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 pleadings 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

4536-477: The number of Queen's Counsel was seventy. 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. 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

4617-633: The office of Governor-General and the Executive Powers (Consequential Provisions) Act 1937 was held to have transferred the royal prerogative to the Executive Council (government). Although the 1937 Constitution of Ireland created the office of President of Ireland , it was still the Taoiseach as head of government who signed patents of precedence under the Executive Powers (Consequential Provisions) Act 1937. The title "K.C." continued to be used by many Senior Counsel, both those created before July 1924 and those after. Sir John L. Esmonde complained that wartime censors had changed "K.C." to "S.C." in

4698-421: The office was succeeded by that of president . A judge in the High Court in the province of Gauteng ruled that under the 1993 constitution , the president did not have the power to grant Senior Counsel status. This judgment has been overturned by the Supreme Court of Appeal and also the Constitutional Court. See Advocate § South Africa . In the United Kingdom , the position of senior counsel (lowercase)

4779-411: 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. Conversely, since

4860-414: The prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers). In 1839,

4941-449: 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 and most state and territory governments began to replace

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5022-410: 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 barristers , and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with

5103-441: The profession, or have done outstanding work in legal scholarship. In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. Senior Counsel Just as a junior counsel is " called to the [Outer] Bar ", a Senior Counsel is, in some jurisdictions, said to be " called to the Inner Bar ". Senior Counsel may informally style themselves as silks , like their British counterparts. This

5184-437: The professional eminence of the counsel upon whom it is conferred. 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 , incompatible with membership of the House of Commons . KCs were also required to take

5265-399: The provincial Cabinet on the advice of the Attorney General of British Columbia . No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the Chief Justice of British Columbia , the Chief Justice of the Supreme Court of British Columbia , and two lawyers appointed by

5346-408: The rest of his career. Marlowe, who continued his legal career in parallel with his Parliamentary one, was a backbencher in the House of Commons . He enjoyed the freedom to criticise proposals by the Conservative government of Winston Churchill , and in 1953 led a rebellion against the government's refusal to restore a 20-year-old cut in service officers' pensions. The rebels eventually won. Later in

5427-471: The seat at the 1945 general election . The two-member Brighton constituency was very large, and was divided in three at the 1950 general election , producing a safe Conservative seat in Brighton Pavilion , a potentially marginal seat in Brighton Kemptown , and an even safer Conservative seat in Hove . Marlowe was chosen for this seat, with the other sitting member William Teeling standing in Pavilion. Marlowe found that Hove remained safely Conservative for

5508-408: The title of Queen's Counsel and appointment by letters patent 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 in 1994. Most other states and

5589-412: 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 , 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

5670-420: 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 as a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited

5751-401: 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

5832-408: 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

5913-483: Was Paddy MacEntee in 1985. The title "Senior Counsel" was briefly established in New Zealand from 2007 until 2009. It was abolished by the following government in favour of restoring the title of Queen's Counsel on the basis of the respect felt accorded to those appointed Queen's Counsel. Those appointed as Senior Counsel were given the option of becoming Queen's Counsel or remaining as Senior Counsel. "Senior Counsel"

5994-555: 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

6075-470: Was appointed a Queen's Counsel on 15 April 2019. However, Arif Virani , Attorney General of Canada since July 2023, does not appear to have received a federal King's Counsel appointment. 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

6156-517: Was approved, and the names of the first appointees were published in the Edinburgh Gazette on September 3, 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

6237-534: Was based on that issued to Daniel O'Connell ; the recipient would be styled "Senior Counsel" (SC; Irish abhcóide sinsir or abhcóide sinsearach ). According to the view held at the time, the "privilege of patent" was part of the royal prerogative within the Free State. The early patents were issued under the Free State's [internal] Great Seal by the Governor-General as the King's representative, on

6318-526: Was criticised by some as a breach of the protocol against "courtesy silk". Similarly when Harriet Harman was appointed as 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. Upon the death of Queen Elizabeth II and the succession of Charles III , the General Council of the Bar wrote that all QC titles changed to KC "with immediate effect". This

6399-636: 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. King's Counsel are retained in several Commonwealth realms where Charles III is head of state . Appointments in the Commonwealth of Australia are made at both a federal and state level. The selection process varies from state to state. In New South Wales , for example,

6480-584: Was not eliminated until 1884, half a century after the establishment of the Judicial Committee. 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

6561-574: Was sent to Marlborough College , from where he went on to Trinity College , Cambridge . Anthony Marlowe was interested in the practice of law from an early age and was called to the Bar ( Inner Temple ) in 1928. The next year, he married the daughter of well-known Barrister Sir Patrick Hastings . He practised in London on the South-Eastern Circuit. At the time of the Munich crisis, Marlowe enlisted in

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