MovieChat Forums > The Castle (1999) Discussion > Q.C. (Queen's Counsel)

Q.C. (Queen's Counsel)

posted 17 years ago by tajna_rabota
5 replies | jump to latest

I'm curious to know something. I live in Alberta, Canada, and I know several in the legal profession. When I watched this movie, I was struck at first when I saw the level of respect given to the title of a Q.C. Moreover, the movie implied that the common person knew what a Q.C. was. Here in Alberta, from what I am told, it is only a big deal here insofar as it is an honor that is bestowed upon a particular lawyer for service to the profession and the community. I mean, the lawyers must take it seriously because they tack it onto their name on their business cards, etc.

I know several fantastic lawyers who do not have that designation, but I also know a few really bad ones who have that title too - so in my mind, it doesn't have the same sort of significance as was given in the movie. While many Q.C.'s are "lawyers for rich people", I can assure you that I know of several Q.C.'s who would never attract a rich client even if he tried.

Could anyone in Australia, UK, or elsewhere in the Commonwealth let me know what kind of significance is attached to the title of a Q.C. in your neck of the woods? How does one become a Q.C. over there? I'm curious to know.

[–] Van Dieman 17 years ago

The going title in Oz these days is SC (State's Counsel) QC (and when applicable KC) are falling from favour with our pro-republican state governments, I believe only the Commonwealth Government appoints QCs now (and then the recipient has the option of titleing themselves as SC or QC) while the state governments appoint only SCs. And in Oz the titles can only be used by barristers who've been appointed to do work for the government, state or commonwealth, and yes I'm guessing most Aussies would know the term(s) but not neccessarily what they do.

[–] JasmineFIowers 17 years ago

Some states do SC, some states still have their QCs I believe. Most QCs are very expensive, I would expect them to be after all that work in getting to the role of QC.

[–] seh-7 15 years ago

"And in Oz the titles can only be used by barristers who've been appointed to do work for the government, state or commonwealth, " - Van Dieman, that isn't correct.

Taking silk is a very old tradition of the bar. It is an elevation of the barrister, supposedly in recognition of their superior skill in advocacy. In reality, it often ends up being a bit of Old Boys back slapping - I mean, look at the numbers of female barristers then compare the abysmally small numbers of female senior counsels...

however, my feminist lawyer rant aside (!!)

It is a pretty common term. Even if most laypersons only think of it as 'fancy lawyers that rich people have' most realise that it means the barrister is experienced.

Being elevated to SC (or QC/KC if you're still a monarchist - I'm not and if/when I get to silk I want to take SC on) is done by the law society of that jurisdiction. It is NOT just given to government lawyers. It is given to any barrister who applies to the law society for it and is judged to be a suitable candidate.

[–] adsl4xrg 14 years ago

I'd say yes most Australian's do know, or are at least are aware of Q.C's and the respect they command.

Personally I'm pretty saddened and a little pissed off at our state governments for changing the title to the much *beep* State Council. peh

[–] jmkn9 14 years ago

the ignorance in this thread.

'Van Diemens' post is largely incorrect.

(the below will only refer to Australia)

QC, as mentioned above stands for Queens Counsel,
whereas the term 'SC' refers to Senior Counsel.

the two are synonymous, and i think it was 1993 in which the last 'QC's were given out. those who had the previous term of 'QC' were able to keep it.

there are approximately 3700 barristers in Australia, of whom almost 500 are Senior Counsel (SC or QC).
In comparison, there were 29 159 solicitors in australia, according to the 2002 Census.

here i'll just copy and paste from a law textbook i have (i'm a law student)

'Senior Counsel (Queens Counsel)

Senior Counsel (SC) or Queen's Counsel (QC) are senior or experienced barristers. The office of King's (or Queen's) Counsel originated in england around 1602, when Francis Bacon was appointed KC by the King, complete with special privleges of appearance and silk robes (hence the term 'taking silk'). Such counsel could not accept any brief against the Crown. Over time the appellation KC or QC came to signify the pre-eminent rank of legal counsel.

Since the 1990s more states have dropped the term 'Queen's Counsel' in favour of Senior Counsel. With the exception of South Australia and the Northern Territory, all Australian states and territories have replaced the title QC with SC. Appointments are made as SC with the proviso that those appointed before the change may retain the old title.

In this process there was also a major change to the way counsel were appointed. The general process removed the influence of the government (through the Attorney-General) and made the process far more transparent. Today, senior Counsel are appointed by a selection commitee that cointains the states' pre-eminent lawyers and judges. The selection critera are also far more transparent including:

-A high degree of skill, honesty and integrity as a barrister, both in presentation and advisory skills.

- SC or QCs must be extremely well trusted by the judiciary and their peers

-SCs or QCs must be prepared to vigorously remain independent and advance their client's claims, having careful regard to their ethical duties to the court and their client.

-The requirement of a certain number of years experience as a barrister (12 in Queensland)

- Some states and territories restrict the appointment of SCs or QCs to the ranks of barristers; others reserve the right to appoint solicitors, and have done so.

The appointment of a person as SC represents a public idenficiation of this advocate as a person whose skill, experience and integrity is well recognised and tests annd that they are pre-eminent advocates and advisors. For judges, Senior Counsel can be implicity trusted to assist in the administration of justice and fulful their roles as officers of the court.

Many QCs will do pro-bono work, and most are extremely expensive. (upwards of 8000 for a day in court)