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Encyclopedia > King's Counsel

Queen's Counsel (postnominal QC), during the reign of a male Sovereign known as King's Counsel (KC), are barristers or, in Scotland, advocates appointed by Letters patent to be one of "Her Majesty's Counsel learned in the law". They do not constitute a separate order or degree of lawyers. They are, however, more than merely a professional rank, as their status is conferred by the Crown and recognised by the courts. Post-nominal letters also called Post-nominal initials or Post-nominal titles are letters placed after the name of an individual to indicate that that individual holds a position, educational degree, accreditation, office, or honour. ... Barristers: traditional dress. ... Scotland (Alba in Scottish Gaelic) is a country in northwest Europe, occupying the northern third of the island of Great Britain. ... Letters Patent by Queen Victoria creating office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law (and in other forms of dispute resolution). ...


Queen's Counsel have the privilege of sitting within the Bar of court, and wear silk gowns of a special design (hence the informal title Silks). See Court dress. Court dress comprises two forms of dress: dress prescribed for Royal courts; and dress prescribed for courts of law. ...

Contents


History: England

The Attorney-General, Solicitor-General, and King's Sergeants were King's Counsel in Ordinary. The first Queen's Counsel "Extraordinary" was Sir Francis Bacon, who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603 (W. S. Holdsworth, History of English Law (1938) vi 473-4; Patent Rolls, 2 Jac I p 12 m 15). In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... The Solicitor General is a government position in several countries, dealing with legal affairs. ... Sir Francis Bacon Francis Bacon, 1st Viscount St Albans (January 22, 1561 - April 9, 1626) was an English philosopher, statesman, and essayist. ... Events January 24 - Battle of Turnhout. ... Events March 24 - Elizabeth I of England dies and is succeeded by her cousin King James VI of Scotland, uniting the crowns of Scotland and England April 28 – Funeral of Elizabeth I of England in Westminster Abbey July 17 or July 19 - Sir Walter Raleigh arrested for treason. ...


The obsolete rank of Sergeant-at-Law was formerly more senior, though it was overtaken formally in the 1670s, and professionally in the course of the late eighteenth century by the newer rank. The Attorney-General and Solicitor-General, had similarly succeeded the King's Serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623 (except for the two senior King's Serjeants) and 1813 respectively (JH Baker, "The English Legal Profession 1450-1550" in Wilfred Prest (ed), Lawyers in Early Modern Europe and America (1981), 20). But the Queen's Counsel only emerged into eminence and integrity in the early 1830s, prior to when they were relatively few in number. It became the standard means of recognising that a barrister was a senior member of the profession, and the numbers multiplied accordingly (Daniel Duman, The English and Colonial Bars in the Nineteenth Century (1983) 35.) It became of greater professional importance to become a QC, and the serjeants gradually declined. The QCs inherited not merely the prestige of the serjeants, but enjoyed priority before the courts. 1670 was a common year beginning on a Saturday in countries using the Julian calendar and a Wednesday in countries using the Gregorian calendar. ... The Tudor dynasty or House of Tudor (Welsh Twdwr) is a series of five monarchs of Welsh origin who ruled England from 1485 until 1603. ... 1813 is a common year starting on Friday (link will take you to calendar). ... 1830 was a common year starting on Friday (see link for calendar). ...


Queen's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from doing chamber work. They were briefed together with a junior barrister, and they had to have chambers in London (Duman 98-99). Till 1920 in England and Wales they had to have a licence to appear in criminal cases for the defence. On appointment, QCs renounced the preparation of written pleadings and other chamber practices. Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... The Clock Tower of the Palace of Westminster which contains Big Ben Tower Bridge at night A red double-decker bus crosses Piccadilly Circus. ... Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion... National motto: Cymru am byth (Welsh: Wales for ever) Waless location within the UK Official languages English(100%), Welsh(20. ...


Queen's Counsel were traditionally selected from barristers, rather than from lawyers in general. This was because they were counsel appointed to conduct court work on behalf of the Crown. Although the limitations upon private employment was gradually relaxed, they continued to be selected from barristers, who had the sole right of audience to the higher courts. However, in 1994 solicitors of England and Wales were entitled to be admitted to the upper courts. Some 275 were so practising in 1995. In 1995 these solicitors alone became entitled to apply for appointment as Queen's Counsel. The first such was appointed March 1997 (On 27 March 1997, of the 68 new QCs announced, two were solicitors. These were Arthur Marriott (53), partner of the London office of the American law firm of Wilmer Cutler and Pickering, and Dr Lawrence Collins (55), a partner of the City law firm of Herbert Smith.). March 27 is the 86th day of the year in the Gregorian Calendar (87th in Leap years). ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ...


The first women to be appointed as King's Counsel were Helen Normanton and Rose Heilbron in 1949. Helen Normanton was the first woman to practice as a barrister in the UK. In 1922 she was called to the Bar of England and Wales, following the example set by Ivy Williams earlier that year. ... Rose Heilbron was one of the earliest women to practice as barristers in the UK. In 1949, along with Helen Normanton, she became one of the first women Kings Counsel at the English Bar. ... 1949 is a common year starting on Saturday. ...


The appointment of Queen's Counsel has been suspended and there is a consultation under way in England as the Government intends to reform the position of Queen's Counsel. In November 2004, it was announced that the title of Queen's Counsel would be retained but that future appointees would not be chosen by the government but by a nine-member panel, chaired by a lay person, which will include two barristers, two solicitors, one retired judge and three non-lawyers.[1] Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion... 2004 is a leap year starting on Thursday of the Gregorian calendar. ...


History: Scotland

In Scotland, where the independent Bar is organised as the Faculty of Advocates and its members known not as barristers but as advocates, a separate roll of Queen's Counsel was created only in 1897, with the first appointed 1898. Before that year, the only QCs appointed in Scotland were the Lord Advocate and the Dean of the Faculty of Advocates. There are now about one hundred QCs in practice in Scotland, about one-fifth of the practising Bar. They are in practice appointed on the recommendation of the Lord President of the Court of Session. In the 1990s, it became possible for solicitors with rights of audience in the Court of Session or High Court of Justiciary to apply for appointment, and two or three have done so. Scotland (Alba in Scottish Gaelic) is a country in northwest Europe, occupying the northern third of the island of Great Britain. ... The title Lord President may refer to one of several offices: The Lord President of the Council is the presiding officer of the United Kingdom Privy Council The Lord President of the Court of Session is the Lord Justice General (chief justice) of Scotland The Lord President of the Federal... The Court of Session is the supreme civil court in Scotland. ... In the United Kingdom and countries having a similar legal system the legal profession is divided into two kinds of lawyers: the solicitors who contact and advise clients, and barristers who argue cases in court. ... The Court of Session is the supreme civil court in Scotland. ...


History: Hong Kong

Queen's Counsel was refereed as 御用大律師 in Hong Kong Cantonese. The rank has been replaced by Senior Counsel (資深大律師) since the handover to China in 1997. Some SCs, who were also called to the Bar of England and Wales, might keep using QC in their title as well. Cantonese (粵語/粤语, lit. ... The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such as... 1997 is a common year starting on Wednesday of the Gregorian calendar. ...


Today

Queen's Counsel are retained in several Commonwealth Realms where Queen Elizabeth II is head of State. Elsewhere the style is now Senior Counsel or State Counsel. A Commonwealth Realm is any one of the 16 sovereign states of the Commonwealth that recognize Queen Elizabeth II as their Queen and head of state. ... Her Majesty Queen Elizabeth II (Elizabeth Alexandra Mary Windsor), styled HM The Queen (born 21 April 1926) is the Queen regnant and head of state of Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent... The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such as...


In Commonwealth countries that have become republics, the office of Queen's Counsel has generally been retained, though with a new style becoming Senior Counsel in South Africa, Belize, Trinidad and Tobago and Guyana, Senior Advocate in India, and President's Counsel in Sri Lanka.


In Australia, the governments of New South Wales and Queensland have replaced the title with Senior Counsel and State Counsel, respectively. Similar changes are under consideration in New Zealand and elsewhere in Australia. Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Governor Premier Const. ... Motto: Audax at Fidelis (Bold but Faithful) Nickname: Sunshine State/Smart State Other Australian states and territories Capital Brisbane Government Governor Premier Const. ...


The practice of appointed Queen's Counsels has also fallen into disuse in much of Canada where the two largest provinces, Ontario and Quebec, ceased making appointments in 1985 and 1976 respectively and the federal government ceased the practice in 1993. No substitute distinctions have been implemented in these jurisdictions as it is felt that the practice is a form of political patronage and is best discontinued entirely. Motto: Ut Incepit Fidelis Sic Permanet (Loyal it began, loyal it remains) Other Canadian provinces and territories Capital Toronto Largest city Toronto Lieutenant Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Area 1,076,395 km² (4th)  - Land 917,741 km²  - Water 158,654 km² (14. ... During the 1960s, a terrorist group known as the Front de libération du Québec (FLQ) launched a decade of bombings, robberies and attacks on government offices. ... 1985 is a common year starting on Tuesday of the Gregorian calendar. ... 1976 is a leap year starting on Thursday (link will take you to calendar). ... 1993 is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Generally, patronage is the act of supporting or favoring some person, group, or institution. ...


External link

  • Queen's Counsel - Historical Context a paper written in 2001 for the Nova Scotia Barrister's Society reviewing the history of the QC and current practices throughout Canada and the Commonwealth.
  • Guardian 2004-04-10: QC system replaced by new scheme after 400 years
  • Guardian 2004-05-28: U-turn lets QC title live on for now
2001 is a common year starting on Monday of the Gregorian calendar. ... Motto: Munit Haec et Altera Vincit (One defends and the other conquers) Other Canadian provinces and territories Capital Halifax Largest city Halifax Lieutenant Governor Myra A. Freeman Premier John Hamm (PC) Area {{{TotalArea}}} km² (12th)  - Land 53,338 km²  - Water 1,946 km² (3. ...


 

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