There are various career paths to a recent law graduate. For instance, one might choose to become a paralegal, lecturer, researcher or in-house lawyer. However, the most often taken path is that of a solicitor or barrister. A solicitor provides expert legal advice to clients in public or private law areas but performs work outside of court. On the other hand, a barrister is a qualified legal practitioner that usually represents clients in court/tribunals and tend to provide expert advice to solicitors. However, this article will focus on explaining what a Queen’s Counsel barrister is and their role within the legal field.
What as a Queen’s Counsel (QC) Barrister?
A QC barrister is a legally qualified lawyer who is senior counsel in court cases. This means that they have higher seniority compared to most in the court. Formally, a QC is ‘one of Her Majesty’s Counsel, learned in the law.’ A person who the court case is against (the defendant) will usually have one, but so too will the person who brings the case (the claimant). They are “recognised for excellence in advocacy” which means that they have a certain high level of skill to advocate in court for their client. Therefore, they have excellent persuasive skills to use in court. Due to this they tend to take on complex cases that need stronger arguments.
The name Queens Counsel is given to this type of barrister as it is an office, conferred by the Crown, and recognised by the courts. Being appointed to the QC is now seen as a badge of honour and prestige due to the monarch bestowing the title on new lawyers. Being appointed can be referred to as ‘taking silk’ as the dress given to appointed members is a specific dress gown. This means that they now will hold prestige over regular barristers; being given more precedence. However, one can only be accepted if they have practised law for 10 years and be recommended by the Lord Chancellor. The Lord Chancellor is the highest officer of the crown whose role is to generally run the courts.
How To Become A QC
The path to becoming a QC barrister consists of two main steps: an application and an interview.
- The application form must give evidence that the applicant has excellence in advocacy. This is needed to be shown in 5 different areas, known as ‘competencies:’ understanding and using the law, written and oral advocacy, working with others, diversity, and integrity. Part 3 of the application form requires evidence of these competencies due to the high level of skill QCs have. The QC Guidance form highlights that around 12 areas of evidence should be recorded. Furthermore, support of the application needs to come from assessors that have seen the applicant work in court as a barrister which could be judges, clients or experts etc.
- The interview is the second stage to becoming a QC barrister. This comes after the application stage only for those that have been chosen. The interview is with two members from the selection panel, usually lasting 45 minutes. It is usually straightforward, but interviewees will need to keep in mind they are being judged on their oral and application skills.
Successful candidates are accepted by independent senior lawyers, a retired judge and non-lawyers only once a year. Unsuccessful candidates will usually just receive feedback but are not restricted from applying another time.
Queen’s Barrister vs Barrister
Therefore, QCs are usually barristers (but can also be solicitors) that obtain an award for their skills in advocacy. A regular barrister has not obtained this award but provides legal advice to the public or private companies in courts and tribunals. They are in a formal legal position to advocate (argue) a client’s case. While a QC barrister has a similar role, they must submit an application that can eventually give them more seniority, along with extra complicated cases. Expert barrister Nick Singer summed the difference up by saying, “only the very best barristers will become a QC.”
By Kate Murray
