Solicitors believe that the new process for appointing QCs is still biased in favour of barristers, according to an online survey carried out by the Law Society.
Of the 170 who responded to the survey, more than 70% felt the award of silk should be retained, but they were divided on whether it should be broadened from its emphasis on recognising skills in advocacy into a wider mark of professional excellence.
Half of those who took part felt the Law Society should consider withdrawing its support for the scheme if it is not opened up to a wider range of lawyers. The majority said the cost, £2,500 plus £3,000 on appointment, and the length of time taken by the selection exercise deter solicitors from applying.
The independent appointment process dates from 2005. It replaced the practice of the Lord Chancellor’s department taking secret soundings from judges.
In last year’s competition, one of the six solicitors who applied was successful; the other 97 awards went to barristers, out of 327 applicants. In the previous round, four of the 12 solicitor applicants were appointed, with the other 171 appointments going to the bar. At present the total number of solicitor silks, excluding honorary appointments, is 17.
The survey was undertaken after the Law Society and Bar Council commissioned Sir Duncan Nichol, the former chairman of the appointments selection panel, to prepare a report reviewing the system’s first three years of operation.
His remit was to look at the purpose of the award, the forms of excellence it should recognise and the criteria against which applicants are assessed. He was also asked to look at the selection process itself. Both sides of the profession are reviewing the contents of the report, which is due to be published in mid-February.
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