Senior Counsel
Encyclopedia
The title of Senior Counsel or State Counsel (postnominal SC) is given to a senior barrister
or advocate
in some countries, typically equivalent to the title "Queen's Counsel
" (QC) used in Commonwealth Realm
s. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate; this includes Hong Kong
, the Republic of Ireland
, South Africa
, Kenya
, Singapore
, Guyana
and Trinidad and Tobago
. Just as a junior counsel is "called to the [Outer] Bar
", a Senior Counsel is "called to the Inner Bar".
became independent in 1922 as a Dominion
of the British King. Shortly after the Courts of Justice Act 1924
came into effect, Chief Justice
Hugh Kennedy
in conjunction with the Bar Council of Ireland
modified the procedure for issuing patents of precedence
. From July 1924, "King's Counsel" was replaced by "Senior Counsel" on patents; these were issued by the Chief Justice, although the "privilege of patent" continued to fall within the royal prerogative
until transferred to the Executive Council
(government) by the Executive Powers (Consequential Provisions) Act 1937. The title "KC" continued to be used by many senior counsel, both those created before July 1924 and those after. In 1949, shortly before the coming into force of the Republic of Ireland Act broke the final link with the crown, Frank Aiken
asked John A. Costello
during Taoiseach's questions
"whether, in view of the fact that certain members of the Inner Bar who received their patents as senior counsel continue to describe themselves as king's counsel, he will introduce a Bill entitled an Act to declare that the description of a senior counsel shall be senior counsel"; Costello said he had "no intention of wasting public time and money" on the idea. As late as the 1960s, R.G.L. Leonard was described in the official Irish law report
s as "queen’s counsel", reflecting the British change from King
to Queen in 1952.
"Senior Counsel" (Chinese in simplified script: 高级律师 ) is used in the law of Singapore
.
The rank of Senior Counsel has also been introduced in Australia
, even though the Queen remains head of State.
It was temporarily established in New Zealand
from 2007 until 2009. It was abolished by the following Government in favour of restoring the title of Queen's Counsel on the basis of the respect felt accorded to those appointed Queen's Counsel. Those appointed as Senior Counsels have been given the option of becoming Queen's Counsels or remaining as Senior Counsels.
Senior Counsel may style themselves as silks, like their British counterparts. This is the case in Ireland, Australia, Hong Kong, and South Africa.
In Hong Kong, Senior Counsel (men or women) must wear the black stuff and silk gown. When wigs are worn, they should cover the hair.
Junior counsel do not wear the full gown, but the dress code remains conservative and black.In the Republic of Ireland Junior Counsel continue to wear a black gown with tabs worn around the neck. The wig is optional in the Republic of Ireland. Senior Counsel wear a silk's gown which differs from that of a Junior Counsel.
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
in some countries, typically equivalent to the title "Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
" (QC) used in Commonwealth Realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate; this includes Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Guyana
Guyana
Guyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British...
and Trinidad and Tobago
Trinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
. Just as a junior counsel is "called to the [Outer] Bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
", a Senior Counsel is "called to the Inner Bar".
Ireland
The Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
became independent in 1922 as a Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
of the British King. Shortly after the Courts of Justice Act 1924
Courts of Justice Act 1924
The Courts of Justice Act, 1924 was an Act of the Oireachtas that established the courts system of the Irish Free State pursuant to the Constitution of the Irish Free State...
came into effect, Chief Justice
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
Hugh Kennedy
Hugh Kennedy
Hugh Kennedy was the only Attorney-General of Southern Ireland and the first Attorney-General of the Irish Free State, and later the first Chief Justice of the Irish Free State. As a member of the Irish Free State Constitution Commission, he was also one of the constitutional architects of the...
in conjunction with the Bar Council of Ireland
Bar Council of Ireland
The Bar Council of Ireland is the regulatory and representative body for barristers practising law in the Republic of Ireland. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected...
modified the procedure for issuing patents of precedence
Patent of precedence
A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him.-Historical user in the English legal profession:...
. From July 1924, "King's Counsel" was replaced by "Senior Counsel" on patents; these were issued by the Chief Justice, although the "privilege of patent" continued to fall within the royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
until transferred to the Executive Council
Executive Council of the Irish Free State
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
(government) by the Executive Powers (Consequential Provisions) Act 1937. The title "KC" continued to be used by many senior counsel, both those created before July 1924 and those after. In 1949, shortly before the coming into force of the Republic of Ireland Act broke the final link with the crown, Frank Aiken
Frank Aiken
Frank Aiken was a commander of the Irish Republican Army and later an Irish politician. A founding-member of Fianna Fáil, Aiken was first elected to Dáil Éireann in 1923 and at each subsequent election until 1973...
asked John A. Costello
John A. Costello
John Aloysius Costello , a successful barrister, was one of the main legal advisors to the government of the Irish Free State after independence, Attorney General of Ireland from 1926–1932 and Taoiseach from 1948–1951 and 1954–1957....
during Taoiseach's questions
Question Time
Question time in a parliament occurs when members of the parliament ask questions of government ministers , which they are obliged to answer. It usually occurs daily while parliament is sitting, though it can be cancelled in exceptional circumstances...
"whether, in view of the fact that certain members of the Inner Bar who received their patents as senior counsel continue to describe themselves as king's counsel, he will introduce a Bill entitled an Act to declare that the description of a senior counsel shall be senior counsel"; Costello said he had "no intention of wasting public time and money" on the idea. As late as the 1960s, R.G.L. Leonard was described in the official Irish law report
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...
s as "queen’s counsel", reflecting the British change from King
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
to Queen in 1952.
Other jurisdictions
"Senior Counsel" (Chinese in traditional script: 資深大律師 ) replaced QC in the law of Hong Kong after Hong Kong becoming a Chinese dependency in 1997."Senior Counsel" (Chinese in simplified script: 高级律师 ) is used in the law of Singapore
Law of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
.
The rank of Senior Counsel has also been introduced in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, even though the Queen remains head of State.
It was temporarily established in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
from 2007 until 2009. It was abolished by the following Government in favour of restoring the title of Queen's Counsel on the basis of the respect felt accorded to those appointed Queen's Counsel. Those appointed as Senior Counsels have been given the option of becoming Queen's Counsels or remaining as Senior Counsels.
Similar titles
Other jurisdictions have adopted similar titles:- Senior Advocate in the Law of PakistanLaw of PakistanThe Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales...
, law of India, the law of BangladeshLaw of BangladeshThe Law of Bangladesh is primarily in accordance with the English legal system although since 1947, the legal scenario and the laws of Bangladesh have drifted far from the West owing to differences in socio-cultural values and religious guidelines...
and the NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
(see Senior Advocate of NigeriaSenior Advocate of NigeriaSenior Advocate of Nigeria is a title that may be conferred on legal practitioners in Nigeria of not less than ten years' standing and who have distinguished themselves in the legal profession...
) - President's CounselPresident's Counsel (Sri Lanka)President's Counsel is a professional rank, as their status is conferred by the president, recognised by the courts and wear silk gowns of a special design...
in Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
. (State CounselState Counsel (Sri Lanka)A State Counsel is the public prosecutor in the legal system of Sri Lanka.State Counsels represent the state in criminal proceedings. They are not elected, instead are public servants as Law Officers of the Attorney General's Department. To become a State Counsel, one must be a qualified Attorney...
s are the public prosecutors in the legal system of Sri Lanka)
Dress
In Hong Kong, Senior Counsel (men or women) must wear the black stuff and silk gown. When wigs are worn, they should cover the hair.
Junior counsel do not wear the full gown, but the dress code remains conservative and black.In the Republic of Ireland Junior Counsel continue to wear a black gown with tabs worn around the neck. The wig is optional in the Republic of Ireland. Senior Counsel wear a silk's gown which differs from that of a Junior Counsel.