STATUS: barristers concerned that City firms' use of US term will lead to public confusion


The Bar Council is to consider the use of the term 'of counsel' by non-advocate solicitors after barristers expressed concern over its use, the Gazette can reveal.



It has become increasingly common for large City law firms, such as Allen & Overy and Herbert Smith, to appoint senior associates to 'of counsel' roles as an alternative to partnership.



Bar Council chairman Geoffrey Vos QC said: 'It has been brought to our attention. We know people are concerned. The Bar Council will be looking at it to see how widespread it has become, but we have not taken a view at the moment.'



Lynn Tayton QC said she was concerned that using the term in a non-advocate context could confuse the public. 'It is a US term with specific meaning for American lawyers. Maybe there isn't an appreciation of what it means to us; I would describe myself as "of counsel", as would other barristers,' she said.



Top human rights silk Geoffrey Robertson said that despite 'not being a stickler for professional distinctions', describing non-advocates in this way could be misconstrued because the meaning of "counsel" is generally interpreted by the public to be a barrister'.



'I'm sure the Bar Council would take action if the practice became widespread, so the Law Society should act first,' he said.



A Herbert Smith spokesman said: 'We went with the title because it is used by US firms and is well understood by the international legal and business community. It reflects the advisory nature of the role that many will play.' An Allen & Overy spokeswoman added: 'We felt it was important to have a meaningful title that conveyed the appropriate level of seniority. The role itself was introduced as an innovative way of developing and rewarding our lawyers beyond the traditional partnership route.'



Gary Slapper, professor of law at the Open University, said titles in the law have been evolving for 1,000 years 'and there is no reason to suppose that the process will stop now. The bar, however, does have a strong historical claim to the term counsel and is very unlikely to surrender it easily'.



A Law Society spokeswoman said: 'This issue has never been raised with the Society and we do not see any problem with this term.'



Anita Rice