Lord MacKay, the Lord Chancellor, is blatantly discriminating against solicitor High Court advocates in his consideration of candidates for Queen's Counsel, according to the Solicitors Association of Higher Court Advocates (SAHCA).The 80-member group is seeking legal advice regarding a possible challenge of the Lord Chancellor's position.

It is also considering approaching the Law Society to finance an action.At the centre of the row is the invitation issued for applications for silk by the Lord Chancellor's Department earlier this month.

It reads: 'Barristers in private practice of at least ten years' standing who wish to be considered for appointment as Queen's Counsel...'The High Court advocates point out that the government white paper which preceded the Courts and Legal Services Act 1990 referred to 'all those who hold rights of audience in the High Court' as eligible for silk.

According to that wording - which survived until last year - Lord Mackay would 'invite applications accordingly'.But this year, when solicitors had gained High Court audience rights in practice, the LCD reverted back to the pre-1989 wording.

And High Court solicitor advocates have reacted angrily to the LCD's decision.'The refusal to consider solicitor advocates for inclusion in next spring's list of silks is both inexplicable and unacceptable,' said the SAHCA chairman Paul Hampton of the London-based firm Piper Smith & Basham.Officially, the Law Society is taking a non-committal stance for the time being.

A spokesman said the Society's strategy committee would discuss the issue at its meeting this week.

It would also consider any application for financial help from the High Court advocates when one was made.-- The Solicitors Association of Higher Court Advocates has predicted it will be more successful over the issue of court dress than it has been so far regarding consideration for silk.Chairman Paul Hampton is seeking a meeting with Lord Mackay to clarify the position over who is entitled to wear wigs in court.Mr Hampton told the Gazette he thought Lord Mackay 'would authorise solicitors to wear wigs' which would be 'a satisfactory solution' for his members.Likewise, Mr Hampton indicated that it would be equally satisfactory if Lord Mackay consigned wigs to the scrap heap of legal history, but he doubted the Lord Chancellor wou ld want to buck tradition so obviously.