NEWS
w w w. b a r r i s t e r m a g a z i n e . c o m
Male Oxbridge-educated barristers from
London chambers still more likely to
become QCs despite major reforms
In the article, published in The Modern
Law Review, Dr Blackwell explains
that who holds the status of Queen’s
Counsel (QC; or silk) is of general public
importance for three reasons;
“First, the overwhelming majority of
High Court judges are appointed from
the pool of practising Queen’s Counsel.
Thus fewer women becoming QCs
effectively impedes progress towards
greater judicial diversity: and in doing
so brings into question the legitimacy
of the judiciary.
“Secondly, the status is justified as a
‘kitemark’ of quality for the consumers
of legal services, so if it is awarded on
the basis of factors that are irrelevant
to ability as a lawyer (such as gender)
then this undermines the stated reason
for its continued existence.
“Finally, who gets to become a QC is
also important to individual barristers.”
Becoming a QC means a major increase
in the level of fees that they can charge.
There was a radical change to the
appointments process for QCs in 2004,
when an independent appointments
panel was established. This replaced
the earlier much criticised system
where QCs were appointed on the
advice of the Lord Chancellor, after he
took confidential soundings from judges
and senior barristers. Criticisms of the
earlier appointments system were both
that it lacked transparency and that it
discriminated against groups including
women, barristers who practised
outside London and ethnic minorities.
It has not been possible to research
the effects on ethnic minorities for this
paper due to lack of data. The reformed
system has strong similarities to the
reforms that took place at around the
same time to judicial appointments:
moving from ‘secret soundings’ to
the establishment of an independent
appointments commission and clear
criteria for appointment.
Male Oxbridge-educated junior barristers from London-based chambers are
still far more likely