QC system facing the axe

ADVOCACY: next year's silk competition postponed pending outcome of consultation

The Lord Chancellor, Lord Irvine, this week postponed the 2004 silk competition pending the outcome of a consultation on the QC system - raising the possibility that this year's 121 new QCs could be the last ever.

Speaking at a ceremony to mark the appointment of the new QCs, Lord Irvine said he announced the consultation last month because it is clear there is an appetite for change (see [2003] Gazette, 10 April, 3).

While noting that the current system assists solicitors in selecting counsel, he said: 'Many see the market in legal advocacy as highly developed.

They are not convinced that solicitors need a broad, state-conferred quality mark to help them decide who to instruct.

Solicitors know, individually and collectively, who are the experts in their area of practice.

'In addition, many assert that the rank of silk drives up legal costs unjustifiably.

And it is also argued that the system reduces rather than increases choice in the legal market by discouraging the use of highly competent junior counsel who have not been awarded silk.'

The Lord Chancellor added that he had to decide whether the award of a quality mark is of such central importance to the effective operation of the legal system that it should continue to be made by the state.

He said: 'If the view prevails that a quality mark should still be awarded, but independently of government, then the state should stand aside and the grant of a quality mark would become an issue for the professions alone: the rank of Queen's Counsel would therefore go.'

Lord Irvine noted that whatever form any future system may take, important ancillary issues remained which go to whether an undifferentiated, lifetime award, depending largely on adversarial performance in court, meets current need.

Law Society chief executive Janet Paraskeva said: 'The designation of Queen's Counsel is essentially a public honour accorded to a private group, which is inappropriate in this modern age.

We would welcome a quality accreditation scheme for all experienced advocates - including solicitors - who wish to demonstrate a superior level of expertise and quality.' They would be objectively assessed and reaccredited every five years, she said.

A Bar Council spokesman also backed reform, saying it has endorsed the proposal from a working party headed by Sir Iain Glidewell that in future, QCs should be appointed on the recommendation of a panel, chaired by a retired Law Lord or Lord Justice of Appeal, with a broad membership.

Neil Rose