Legal Business

Falling QC appointments reflect fears for criminal Bar’s prospects

QC appointments have declined for the fourth year running with the number of applicants also on a downward path.

In this year’s annual silk round, announced on 27 February, just 84 QCs were appointed from a total of 183 applicants. This was down from 88 awards in 2012 and 120 in 2011 from 214 and 251 applications respectively.

Brick Court Chambers, Doughty Street and Essex Court each secured four new silks, with Maitland, Landmark, Hardwicke, 3-4 South Square and St Philips Chambers also securing three silks each.

Blackstone Chambers and Wilberforce Chambers were two of the leading chambers that didn’t gain any new QCs this year.

The QC appointments saw criminal barrister awards and applications decline once again. The reduced number of applications highlight concerns over the lack of career progression within publicly-funded legal sectors.

Of the 84 appointed QCs, only 15 from the criminal Bar were successful from a total of 43 applications.

In contrast, 59 specialist civil practitioners took silk from a total of 121 applications.

John Cooper QC of 25 Bedford Row said: ‘The significant decrease in applicants reflects a concern linked to government cuts to public funding. Policies pushed in the last year or so are reducing public access to the best advice in cases that require expertise and skill.

‘Consequently, some of the most talented in this profession feel they cannot sensibly apply for elevation to silk. Ultimately, the public will be deprived. Put another way, it is like the cream of the medical profession not applying to become consultants.’

The government is set to cut the Legal Aid budget by £350m a year by 2015, which is certain to hit criminal barristers’ fees and case work.

The growing pressure to reduce the number of QCs instructed on criminal cases such as rape and murder trials has generated concerns over the lack of work that will be available for criminal practitioners.

‘It is like the cream of the medical profession not applying to become consultants.’
John Cooper QC, 25 Bedford Row

Peter Lodder QC, criminal barrister at 2 Bedford Row London, commented: ‘Under this government, the career prospect has diminished. There is no future for criminal lawyers under this system.’

Bar Council head of communications Toby Craig commented: ‘The legal cuts are putting juniors off. The most diverse practice areas are criminal and family, which both have a lot of women. However, there is uncertainty about work available within these sectors. We think the application system is a good one, but it’s self-selected and people have to put themselves forward.’

The controversial Quality Assurance Scheme for Advocates (QASA) may also be discouraging barristers to apply for QC status amid fears they could be priced out of contention for increasing amounts of publicly-funded work.

Around 14% of the total applications came from women, down from 18% the year before while 11.5% of applicants declared an ethnic origin other than white.

Separately, arbitration and litigation partner Karyl Nairn at Skadden, Arps, Slate, Meagher & Flom was the only solicitor to make silk this time around. Nairn’s already high profile received a huge boost last year after she represented Roman Abramovich on his mammoth dispute with Boris Berezovsky.

In the last round of appointments, SJ Berwin litigator Tim Taylor and media solicitor and advocate David Price were awarded QC status.