Top juniors warned of QC pitfalls as public funding cuts take hold

Barristers are being put off from applying for QC status because they fear losing out on work amid acute pressure on fees, according to senior figures at the Bar.

The news comes as it was announced this week that 84 out of 183 applicants were awarded QC status this year – the lowest number on both counts since the selection procedure was revamped in 2006.

Just 54 criminal barristers applied for silk status this year – down 37% from 86 two years ago. In some instances, criminal chambers are discouraging leading juniors from applying for QC status due to a scarcity of publicly funded work and a perception that Government bodies are avoiding using silks on cost grounds.

Erskine Chambers head and former Bar Council chair Michael Todd QC commented: "For criminal work, when it comes to applying, people are thinking: 'Why am I going through the process? What's the purpose of making the investment?' It is clear people in publicly funded areas of practice aren't applying because of the pressure on fees."

Of the 84 new silks, only 14 of 26 female applicants were successful, marking the lowest number of new women QCs since 2003 and the lowest number of female applications since online records began in 1995.

Patricia Robertson QC (pictured) of Fountain Court commented: "A lot of women practitioners are in publicly funded practices, which have come under more pressure financially. Clearly, applying for silk involves expense. But perhaps more significantly, the transition you have to make as a practitioner to that of a silk also has risks.

"People may be less willing to take that risk if they are feeling financially insecure. We don't want a situation where taking silk becomes the preserve of those who can afford it."

Another financial consideration for barristers in publicly funded areas of law is the smaller amount of work currently available for QCs, as well as the perception within Government that QCs are too expensive.

"In well-structured, properly run sets, chambers are advising prominent senior juniors not to apply until they have an independent practice that will be sustainable," said one senior clerk at a leading criminal set.

"I hate to say it – because it is the pinnacle of many people's career – but there are much better candidates out there; they're just being advised to wait and avoid the horror stories of QCs never receiving any more work after taking silk.

"This is the advice we are giving, and will continue to give our top juniors."

The clerk drew links to a recent leaked Crown Prosecution Service email, which the Bar Council has cited as evidence of Government lawyers keeping lucrative cases in-house, irrespective of whether they could be better handled externally.

Todd also pointed to recent comments by Justice Secretary Chris Grayling that the Government should avoid using a silk when it could use a senior junior at a cheaper rate.

"The message this is sending out is that it's all about cost, and not about quality – and that's a real worry," he said.

Silk round 2013 – in numbers

84 new QCs – the smallest number of new silks since 2001

14 female QCs – the lowest number since 2003

4 – the number of new QCs at Brick Court, Doughty Street and Essex Court

37% – the drop in criminal applicants over the past two years