'It's a difficult nut to crack' - new QCs on why so few solicitor-advocates are taking silk
With applications from solicitor-advocates, women and ethnic minorities stalling, what can be done to boost representation in the silk round.
January 13, 2016 at 06:53 AM
20 minute read
The original version of this story was published on Law.com
Nascent growth in the number of solicitor-advocates taking silk has stalled this year with just three awarded the status as part of this year's 107-strong QC appointment round.
Nine solicitor-advocates applied for silk in the 2015-16 round, the same number as last year when five were successful.
Freshfields Bruckhaus Deringer disputes partners Nigel Rawding, Gibson Dunn & Crutcher litigation and arbitration partner Penny Madden and Quinn Emanuel Urquhart & Sullivan global head of arbitration Stephen Jagusch were the only successful applicants this year.
The dip in success rate follows years of stubbornly low application levels from solicitor-advocates - the most that have applied in any year since 1995 stands at 12 in 2006. There had been hopes that a recent uptick in applications from a low of two in 2012-13 had signalled the beginning of a change but these hopes appear to have been dashed.
There remain only 25 solicitor-advocates awarded QC status in the last 10 years, so what is stopping the private practice profession joining the QC ranks?
According to some of those appointed this week the issue is less about this year's poor success rate than about the number applying for QC status in the first place. They argue firms need to do more to encourage their lawyers to apply.
Jagusch (pictured) comments: "Solicitors doing mostly domestic litigation are unlikely to get the advocacy experience to qualify for silk - the opportunities are fewer in a market where clients still prefer to use the Bar.
"I would like to see that change but the problem is that as it requires a growing pool of solicitors with a passion for advocacy to join law firms as opposed to the Bar. It's a difficult nut to crack."
He believes the solution lies with firms' leaders. "The only way to address this is for leaders of the busy practices to promote advocacy to their younger associates, in the hope that increasing numbers will be bitten by the advocacy bug," he says.
Penny Madden (pictured), who is co-chair of Gibson Dunn's international arbitration practice group, believes that there is an increasing trend for top arbitration firms to undertake their own advocacy at international hearings and that, over time, this will help increase the amount of solicitor-advocates taking silk.
She says: "I would expect that trend to continue with the result that more arbitration specialists will have the requisite experience to apply for silk. The more solicitors undertake their own advocacy, the more solicitor-advocates will be in the position to apply."
Lacking diversity
Another stubborn issue highlighted by this year's round of appointments is the lack of ethnic and gender diversity of those taking silk.
The Bar Council slammed the lack of diversity within this year's QC appointments, saying that the results "do not bode well" for equality and diversity at the highest level of advocacy.
The number of female applicants remains disproportionately low at slightly more than 20% compared to the wider profession, which is 35% female.
Also, only 28% of ethnic minority barristers who applied for silk were successful, compared with more than 43% of all men and 52% of women. The Bar Council also pointed out that the success rate for barristers from ethnic minorities applying for silk had dropped significantly on last year, down from nearly 42% in 2015.
Yesterday, in response to the figures from the latest round, the Bar Standards Board launched a survey into women's experiences of the profession's equality rules. The regulator hopes to establish an understanding of why women advocates are refusing to apply to become QCs and why ethnic minorities have comparatively low rates of success in gaining the status.
The low level of women applying for silk reflects the fundamental problem that we are losing too many senior women at the Bar and within law firms
Sam Mercer, head of equality and diversity at the Bar Council, says: "We know that women and ethnic minority barristers have been hit, relatively, harder by cuts to publicly funded areas of law and the challenges faced by ethnic minorities mean they are less well represented, particularly at the top end of the profession."
Kerry Bretherton of Tanfield Chambers was among the 25 women who took silk this year. She says: "The problem is pre-application. My view is that the requirement to have 12 cases and a specified number of assessors is hard for those who have primary childcare responsibilities during their careers, which includes many women."
Madden also believes the figures reflect a more fundamental problem in the legal profession rather than issues with the QC appointment process.
She adds: "The low level of women applying for silk reflects the fundamental problem that we are losing too many senior women at the Bar and within law firms. We must ensure that the way in which we practice law encourages and enables those senior women to stay and pursue a career to the highest level."
Nascent growth in the number of solicitor-advocates taking silk has stalled this year with just three awarded the status as part of this year's 107-strong QC appointment round.
Nine solicitor-advocates applied for silk in the 2015-16 round, the same number as last year when five were successful.
The dip in success rate follows years of stubbornly low application levels from solicitor-advocates - the most that have applied in any year since 1995 stands at 12 in 2006. There had been hopes that a recent uptick in applications from a low of two in 2012-13 had signalled the beginning of a change but these hopes appear to have been dashed.
There remain only 25 solicitor-advocates awarded QC status in the last 10 years, so what is stopping the private practice profession joining the QC ranks?
According to some of those appointed this week the issue is less about this year's poor success rate than about the number applying for QC status in the first place. They argue firms need to do more to encourage their lawyers to apply.
Jagusch (pictured) comments: "Solicitors doing mostly domestic litigation are unlikely to get the advocacy experience to qualify for silk - the opportunities are fewer in a market where clients still prefer to use the Bar.
"I would like to see that change but the problem is that as it requires a growing pool of solicitors with a passion for advocacy to join law firms as opposed to the Bar. It's a difficult nut to crack."
He believes the solution lies with firms' leaders. "The only way to address this is for leaders of the busy practices to promote advocacy to their younger associates, in the hope that increasing numbers will be bitten by the advocacy bug," he says.
Penny Madden (pictured), who is co-chair of
She says: "I would expect that trend to continue with the result that more arbitration specialists will have the requisite experience to apply for silk. The more solicitors undertake their own advocacy, the more solicitor-advocates will be in the position to apply."
Lacking diversity
Another stubborn issue highlighted by this year's round of appointments is the lack of ethnic and gender diversity of those taking silk.
The Bar Council slammed the lack of diversity within this year's QC appointments, saying that the results "do not bode well" for equality and diversity at the highest level of advocacy.
The number of female applicants remains disproportionately low at slightly more than 20% compared to the wider profession, which is 35% female.
Also, only 28% of ethnic minority barristers who applied for silk were successful, compared with more than 43% of all men and 52% of women. The Bar Council also pointed out that the success rate for barristers from ethnic minorities applying for silk had dropped significantly on last year, down from nearly 42% in 2015.
Yesterday, in response to the figures from the latest round, the Bar Standards Board launched a survey into women's experiences of the profession's equality rules. The regulator hopes to establish an understanding of why women advocates are refusing to apply to become QCs and why ethnic minorities have comparatively low rates of success in gaining the status.
The low level of women applying for silk reflects the fundamental problem that we are losing too many senior women at the Bar and within law firms
Sam Mercer, head of equality and diversity at the Bar Council, says: "We know that women and ethnic minority barristers have been hit, relatively, harder by cuts to publicly funded areas of law and the challenges faced by ethnic minorities mean they are less well represented, particularly at the top end of the profession."
Kerry Bretherton of Tanfield Chambers was among the 25 women who took silk this year. She says: "The problem is pre-application. My view is that the requirement to have 12 cases and a specified number of assessors is hard for those who have primary childcare responsibilities during their careers, which includes many women."
Madden also believes the figures reflect a more fundamental problem in the legal profession rather than issues with the QC appointment process.
She adds: "The low level of women applying for silk reflects the fundamental problem that we are losing too many senior women at the Bar and within law firms. We must ensure that the way in which we practice law encourages and enables those senior women to stay and pursue a career to the highest level."
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