Freshfields ignored while LCD consults firms on QCs

LITIGATION: 52 practices chosen to comment on candidates

Magic circle firm Freshfields Bruckhaus Deringer is the notable absentee from the list of 52 commercial law firms from around the country with 'substantial litigation practices' which the Lord Chancellor's Department (LCD) intends to consult over the appointment of Queen's Counsel next year.

The list of all 484 consultees was published this week for the first time as the LCD launched the 2003 silk round.

Some 19 of the firms are based in London, including US practices Baker & McKenzie, LeBoeuf Lamb Greene & MacRae, and Morgan Lewis.

Other notable City absentees include Norton Rose, Denton Wilde Sapte and Barlow Lyde & Gilbert, which all have major litigation teams.

Some of the less well-known names on the list include Wigan firm Alker & Ball, Hay & Kilner in Newcastle, Prettys of Ipswich, and Manchester-based Willan Bootland White.

Harry Anderson, head of litigation at City firm Herbert Smith - one of the firms to be consulted - said the work involved in collating comments on potential QCs is 'very time-consuming', but the firm took it seriously because of its importance to the individuals involved.

He said he could not judge whether the work was worthwhile, adding that he found the system of so-called secret soundings to be 'all a bit archaic'.

The Law Society has in recent years boycotted the consultation process in protest at its secrecy.

Ian Terry, a senior litigation partner at Freshfields, was unaware of the firm's omission.

'No one could deny we have a highly rated litigation practice,' he said, adding that he thought the only reason could be an oversight.

The LCD only began consulting law firms in the last three years.

A spokeswoman said she could not comment on individual firms.

There are now eight solicitor QCs including the Solicitor-General Harriet Harman.

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

Neil Rose