Double delight at QC roles

Silk round: solicitor-advocates told to stand up to QCs in court to reach top of profession

Two solicitors were last week appointed to the ranks of Queen's Counsel, taking the number in the profession to eight.

Herbert Smith partner Julian Lew and Kingsley Napley partner Michael Caplan, current chairman of the Solicitors Association of Higher Court Advocates, both gained silk in the annual round of appointments.

Only eight solicitors applied to become QCs, down from 12 last year, making the success rate of applications 25%, comparable to barristers' 26.4%.

Last year, the success rate for solicitors was 8.3% as just one took silk.

A record 113 silks were appointed, even though the number of applications - 429 - was the lowest for many years.

Last year's overall success rate was 17%, itself the highest for years.

The total of eight solicitor QCs includes the Solicitor-General Harriet Harman, who was awarded silk on taking office last year.

Some 53 solicitors have applied since they became eligible in 1996.

Mr Lew, an international arbitration expert, said: 'Many solicitor-advocates still think that silk is for the bar, and they are reticent about putting themselves forward for it.'

He said that aspiring solicitor silks had to be extremely confident and competent advocates.

'In order to become truly excellent, solicitor-advocates must have the confidence to stand in court opposite a QC and not be overawed.'

One of the first two solicitor QCs, Sir Lawrence Collins, now a High Court judge, was appointed in 1997 while also a partner at Herbert Smith.

Mr Lew said it demonstrated how Herbert Smith is the 'market leader' in international litigation.

Mr Caplan - best known for acting for General Augusto Pinochet - said he had 'no idea' why more solicitor-advocates did not apply.

'Hopefully, the more solicitors who become QCs, the more people will realise that it can be done and it isn't solely the preserve of the bar,' he said.

A Law Society spokeswoman said: 'Many solicitors possess outstanding advocacy skills and we are pleased that their skills are being acknowledged.

'However, while there have been many improvements to the judicial appointments system in recent years, there is still further work to be done to ensure that the procedure for making appointments like these is fair and open.'

The number of women applying for silk dropped this year from 51 to 44, although the success rate rose from 19.6% to 27.2%.

Ethnic minority applicants stayed steady at 19, but the number of successes jumped from three in each of the last two years to seven.

The other solicitor QCs are Arthur Marriott of US firm Debevoise & Plimpton, David Mackie of Allen & Overy, Ashurst Morris Crisp's Mark Clough, and mid-Glamorgan sole practitioner Andrew Hopper.

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Victoria MacCallum