A Senior Counsel Solicitor? Kevin O’Higgins examines how to become a Senior Counsel (SC) presently and how will this change under the new Legal Services Regulatory Act
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ections 171 to 174 of the Legal Services Regulatory Authority (LSRA) recast the process and procedure where a lawyer can become a Senior Counsel. While the Government still grants the patent it will do so in the future on the recommendation of a committee established under the LSRA. The change of significance however, is that for the first time the grant of a patent may be given to a legal practitioner who meets the criteria established under Section 173. By definition, this can be either a barrister or solicitor. Before looking into the details it may be useful to dwell upon the historical landscape.
History The origin goes back to the office of serjeant-at-law which can be traced back to the appointment between 1261 and 1265 of one Roger Owen to represent the King’s interest in the courts of the Lordship of Ireland. Serjeant AM Sullivan, QC (1871- 1959) who defended Roger Casement was the last to hold the title of King’s Serjeant in Ireland. The Office of Queen’s or King’s Counsel was formerly created by patent. This confirmed a right of pre-audience or precedence and was, at the foundation of the State, conferred by the British monarchy. The Privy Council in a case in 1898 considered the status of the office. “It is in the nature of an office under the Crown, although any duties which it entails are almost as insubstantial as its emoluments, and it is also in the nature of an honour or dignity to the extent that it is a mark and recognition by the Sovereign of the professional eminence of the counsel upon whom it is conferred.” In 1922 Irish barristers aligned to the Government of the Irish Free State, were designated as King’s Counsel.
Existing King’s Counsel retained their titles and some continued up to modern times such as RG Leonard, QC until the 1960s. Upon the gaining of independence in 1922 and shortly after the enactment of the Courts of Justice Act 1924, the then Chief Justice Hugh Kennedy agreed with the Bar of Ireland to change the procedure for issuing patents of precedence. From July 1924 the term “King’s Counsel” was replaced by the Irish patents of “Senior Counsel” which were issued by the Chief Justice, although the “Privilege of Patent” continued to fall within the royal prerogative until it transferred to the Executive Council of the Irish Free State (the Government) by the Executive Powers (Consequential Provisions) Act 1937. However, the title “King’s Counsel” continued to be used by many Senior Counsel whether created before July 1924 or after.
What is a Senior Counsel? According to the website of the Bar of Ireland: “Senior Counsel (known as ‘silks’) are the equivalent of Queen’s Counsel in England. They are appointed by the Government from the ranks of Junior Counsel. It is a mark of eminence to be appointed Senior Counsel, and Senior Counsel are expected to be extensively experienced in the practice of law over many years and to be in a position to bring a high level of legal knowledge, skill and judgement to bear in any task in which they are professionally engaged.” The Competition Authority report on the legal profession in Ireland in 2005 concluded that the title of Senior Counsel, as currently awarded, may distort competition and that, if the title is to be retained, it should be opened up to solicitors. It also noted that the title was perceived as a mark of quality for specialisations other than advocacy. It furthermore concluded that the title of Senior Counsel does not achieve the objectives identified by the Bar of Ireland
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