adam.johnson@hsf.com_HC-Article-201701160604

It is not often that a 5% success rate could be described as a good year. But in the elite world of the Bar, this year's silk round manages just that.

Six solicitors were awarded silk this year, out of a total of 113 new Queen's Counsel (QC) appointments.

This equates to only 5% of the intake – a tiny percentage but one that still represents both an increase on 2016 and indeed the largest ever number of solicitor advocates to make the grade in any one year.

So why are so few solicitor advocates applying, despite efforts to boost numbers?

Some of those awarded silk this year argue that the process – unsurpisingly – remains too heavily geared towards barristers.

King & Spalding London international arbitration partner John Savage, who took silk this month, claims: "It is not surprising that there are relatively few solicitors applying. The sort of cases and the number of cases you need to do to be considered are naturally more within a barrister's practice than a solicitor's."

Some of his peers agree. Savage became a QC alongside Skadden Arps Slate Meagher & Flom's global co-head of international litigation and arbitration David Kavanagh, Freshfields Bruckhaus Deringer's Paris-based public international law head Ben Juratowich, Quinn Emanuel Urquhart & Sullivan partner Michael Young, Herbert Smith Freehills disputes partner Adam Johnson (pictured above), and Bird & Bird sports co-head Jonathan Taylor.

According to Johnson, the nature of their work means solicitors have slimmer pickings when it comes to putting cases forward for the application process.

Candidates are asked to submit 12 cases of "substance, complexity, or particular difficulty or sensitivity" during a two-year period, according to the QC selection panel.

Johnson argues this is hard for those working on long-running commercial litigation to achieve. "If you are in a large law firm doing mainstream commercial litigation, you may only handle one case in a two-year period and it may settle or generate very few hearings," he comments.

Kavanagh adds: "You have to be serious about it; it is no good having done one or two cases, you need a body of work."

The QC selection panel acknowledges the problem and this month expressed concern at the continuing low numbers of applications from solicitors. Its report states: "For whatever reason, there appears to be some hesitancy on the part of solicitor advocates to apply for silk, even where they may be well qualified to do so."

This year's intake offer advice for those hoping to rebalance the numbers in future.

According to Johnson, with forward planning, the difficulties faced by solicitors can be overcome: "It is absolutely doable, it's not impossible – it involves a bit of forward planning, a lot of support from the people around you and the willingness to give it a try."

Others stress the importance of encouragement from current QCs. Juratowich says: "A number of existing QCs had suggested I should apply, as had a number of clients."

Johnson concludes that despite the obstacles, he would encourage more solicitors to put themselves forward. "People should have the confidence to try. There are a huge number of people out there who are more more than competent and capable of applying."

QC awards 2016/17 (applicant numbers in brackets)

  • Total silk awards: 113 (254)
  • Solicitor advocates appointed: 6 (13)
  • Number of women appointed: 31 (56)
  • Number of ethnic minority applicants appointed: 16 (37)

QC awards 2015/16 (applicant numbers in brackets)

  • Total silk awards: 107 (237)
  • Solicitor advocates appointed: 3 (9)
  • Number of women appointed: 25 (48)
  • Number of ethnic minority applicants appointed: 9 (32)