Senior Counsel

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The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "Queen's Counsel" to a name without monarchical connotations, sometimes (but not always) because the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate. Examples of jurisdictions which have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, the Republic of Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Just as a junior counsel is "called to the [Outer] Bar", a Senior Counsel is, in some jurisdictions, said to be "called to the Inner Bar". Senior Counsel may informally style themselves as silks, like their British counterparts. This is the case in Ireland, Australia, Hong Kong and South Africa.

Post-nominal letters, also called post-nominal initials, post-nominal titles or designatory letters, are letters placed after a person's name to indicate that that individual holds a position, academic degree, accreditation, office, military decoration, or honour, or is a member of a religious institute or fraternity. An individual may use several different sets of post-nominal letters, but in some contexts it may be customary to limit the number of sets to one or just a few. The order in which post-nominals are listed after a name is based on rules of precedence and what is appropriate for a given situation. Post-nominal letters are one of the main types of name suffix. In contrast, pre-nominal letters precede the name rather than following it.

Lawyer legal professional who helps clients and represents them in a court of law

A lawyer or attorney is a person who practices law, as an advocate, attorney, attorney at law, barrister, barrister-at-law, bar-at-law, civil law notary, counsel, counselor, counsellor, counselor at law, solicitor, chartered legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.

British Empire States and dominions ruled by the United Kingdom

The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom and its predecessor states. It originated with the overseas possessions and trading posts established by England between the late 16th and early 18th centuries. At its height, it was the largest empire in history and, for over a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, 23% of the world population at the time, and by 1920, it covered 35,500,000 km2 (13,700,000 sq mi), 24% of the Earth's total land area. As a result, its political, legal, linguistic and cultural legacy is widespread. At the peak of its power, the phrase "the empire on which the sun never sets" was often used to describe the British Empire, because its expanse around the globe meant that the sun was always shining on at least one of its territories.

Contents

A second usage, prevalent in the United Kingdom itself (which retains the separate and distinct Queen's Counsel title for barristers) refers to a solicitor who is senior and autonomous, but is neither a partner nor on the career path to partnership.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Dress

An example of dress in court QC Court robes.jpg
An example of dress in court

In Hong Kong, Senior Counsel (both men and women) must wear the black robe and silk gown together with a wig when appearing in open court. [1]

In the Republic of Ireland, Senior Counsel wear a silk gown which differs from that of a Junior Counsel. The wig is optional in the Republic of Ireland.

Australia

The rank of Senior Counsel has also been introduced in most states and territories of Australia, even though the Queen remains head of state. Between 1993 and 2008 all Australian jurisdictions except the Northern Territory replaced the rank of Queen's Counsel with that of Senior Counsel. However, in 2013 Queensland restored the rank of Queen's Counsel and there was talk of other Australian states following suit. [2] On 3 February 2014, the Victorian Attorney-General announced that the rank of Queen's Counsel would shortly be reinstated in Victoria, with existing and future Senior Counsel having the option to apply to be issued with letters patent appointing them as Queen's Counsel. [3] The formal difference appears to be that QCs receive a warrant signed by the relevant State Governor, who is the formal representative of the Head of State, whereas SCs receive a certificate issued by the relevant Bar Association or bureaucracy such as by the judicature of the State Supreme Court as the case may be.

Australia Country in Oceania

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the largest country in Oceania and the world's sixth-largest country by total area. The neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north; the Solomon Islands and Vanuatu to the north-east; and New Zealand to the south-east. The population of 25 million is highly urbanised and heavily concentrated on the eastern seaboard. Australia's capital is Canberra, and its largest city is Sydney. The country's other major metropolitan areas are Melbourne, Brisbane, Perth and Adelaide.

Monarchy of Australia Form of government in Australia

The monarchy of Australia concerns the form of government in which a hereditary king or queen serves as the nation's sovereign and head of state. Australia is governed under a form of constitutional monarchy, largely modelled on the Westminster system of parliamentary government, while incorporating features unique to the Constitution of Australia. The present monarch is Elizabeth II, styled Queen of Australia, who has reigned since 6 February 1952. She is represented in Australia as a whole by the Governor-General, in accordance with the Australian Constitution and letters patent from the Queen, and in each of the Australian states, according to the state constitutions, by a governor, assisted by a lieutenant-governor. The monarch appoints the Governor-General and the governors, on the advice respectively of the Commonwealth government and each state government. These are now almost the only constitutional functions of the monarch with regard to Australia.

Northern Territory federal territory of Australia

The Northern Territory is an Australian territory in the central and central northern regions of Australia. It shares borders with Western Australia to the west, South Australia to the south, and Queensland to the east. To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other Indonesian islands. The NT covers 1,349,129 square kilometres (520,902 sq mi), making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 246,700, making it the least-populous of Australia's eight states and major territories, with fewer than half as many people as Tasmania.

Hong Kong

"Senior Counsel" (Chinese :資深大律師 [4] ) replaced QC in the law of Hong Kong after the transfer of the sovereignty of Hong Kong from the United Kingdom to China in 1997. Queen's Counsel who had been appointed QC in HK or British Queen's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became Senior Counsel automatically. [5]

Traditional Chinese characters

Traditional Chinese characters are Chinese characters in any character set that does not contain newly created characters or character substitutions performed after 1946. They are most commonly the characters in the standardized character sets of Taiwan, of Hong Kong and Macau, and in the Kangxi Dictionary. The modern shapes of traditional Chinese characters first appeared with the emergence of the clerical script during the Han Dynasty, and have been more or less stable since the 5th century.

Law of Hong Kong

The law of Hong Kong is based on the rule of law and the independence of the judiciary. The constitutional framework is provided by the Hong Kong Basic Law, which is a national law of the People's Republic of China (PRC).

United Kingdom Country in Europe

The United Kingdom, officially the United Kingdom of Great Britain and Northern Ireland but more commonly known as the UK or Britain, is a sovereign country lying off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state‍—‌the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea lies between Great Britain and Ireland. With an area of 242,500 square kilometres (93,600 sq mi), the United Kingdom is the 78th-largest sovereign state in the world. It is also the 22nd-most populous country, with an estimated 66.0 million inhabitants in 2017.

Queen's Counsel from England or other senior counsel from other jurisdictions are not accorded any precedence if they are admitted generally in Hong Kong. However, visiting Queen's Counsel from another jurisdiction who have been admitted for a specific case are entitled to use the title, and to be accorded the status, of Senior Counsel for the purposes of those proceedings. [6]

Ireland

The Irish Free State became independent in 1922 as a Dominion of the British Crown. 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; [7] these were issued by the Chief Justice, [7] 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. [8] [9] The title "KC" continued to be used by many Senior Counsels, both those created before July 1924 and those after. [7]

In 1949, shortly before the coming into force of the Republic of Ireland Act 1948 which broke the final link with the British 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. [10]

As late as the 1960s, R.G.L. Leonard was described in the official Irish law reports as "Queen’s Counsel", [11] reflecting the British change from King to Queen in 1952.

New Zealand

The title "Senior Counsel" was briefly 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 Counsel have been given the option of becoming Queen's Counsel or remaining as Senior Counsel.

Singapore

"Senior Counsel" (Chinese :高级律师 [4] ) is used in the law of Singapore. [12] There is no independent bar in Singapore and Senior Counsel practice as members of law firms.

South Africa

"Senior Counsel" (in Afrikaans Senior Advokaat) replaced QC in South Africa after the Union became a Republic in 1961, with appointments being made by the State President until 1994, when the office was succeeded by that of President. A judge in the High Court in the province of Gauteng ruled that under the 1993 Constitution, the President did not have the power to grant Senior Counsel status. [13] This judgment has been overturned by the Supreme Court of appeal and also the Constitutional Court. See Advocate#Advocates in South Africa.

United Kingdom

In the United Kingdom, the position of Senior Counsel is used to denote an experienced solicitor (who need not be an advocate), who is not on the path to partnership. This position is therefore analogous to the American title Of counsel, and is not directly comparable to the position of Queen's Counsel, which is held by barristers.

Similar titles

Other jurisdictions have adopted similar titles:

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References

  1. ↑ Code of Conduct Annex 11 Archived 3 October 2009 at the Wayback Machine .
  2. ↑ "States divide over restoration of 'Queen's Counsel' title". theaustralian.com.au. Retrieved 2013-06-14.
  3. ↑ Victoria to give senior barristers option to become QCs [ permanent dead link ]
  4. 1 2 Translation Standardisation Committee for the Chinese Media, Singapore Archived 17 April 2004 at the Wayback Machine .
  5. ↑ See the savings and transitional provisions contained in s. 2 of Schedule 2 to Ordinance No. 94 of 1997
  6. ↑ Legal Practitioner's Ordinance, S.31B
  7. 1 2 3 Vol.114 No.4 cols.493–5 24 February 1949
  8. ↑ Dáil deb Vol.521 c.191–2 Archived 9 June 2011 at the Wayback Machine .
  9. ↑ §2, Executive Powers (Consequential Provisions) Act, 1937 Irish Statute Book
  10. ↑ 23 March 1949
  11. ↑ Hall, Eamonn (April 2005). "The ancien régime" (PDF). Law Society Gazette. Law Society of Ireland. 99 (3): 14.
  12. ↑ "Senior Counsel Directory". Singapore Academy of Law. Retrieved 8 August 2010.
  13. ↑ Court rules president cannot grant senior counsel status, Mail and Guardian , 9 February 2012
  14. ↑ "Advocate". banglapedia.org.
  15. ↑ "Supreme Court of India". Archived from the original on 1 December 2016. Retrieved 1 December 2016.
  16. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 5 April 2012. Retrieved 9 November 2011.

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