Senior counsel
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 "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions that have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions that have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize.[1]
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.
Australia[edit]
The rank of Senior Counsel has also been introduced in most states and territories of Australia, even though the King remains head of state. Between 1993 and 2008 all Australian jurisdictions except the Northern Territory replaced the title 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.[3] On 3 February 2014, the Victorian Attorney-General announced that the rank of Queen's Counsel would shortly be reinstated in the State of Victoria, with existing and future Senior Counsel having the option to apply to be issued with letters patent appointing them as Queen's Counsel;[4] some 89% of barristers entitled to be called Senior Counsel were reported to have applied for letters patent to become Queen's Counsel.[5]
On 18 February 2019, the South Australian Government restored the rank of Queen's Counsel.[6]
The formal difference appears to be that QCs receive a warrant signed by the relevant state governor, who is the formal representative of the sovereign, 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.
Belize[edit]
Senior Counsel is appointed in Belize, even though King Charles III is King of Belize.
Hong Kong[edit]
"Senior Counsel" (Chinese: 資深大律師[7]) replaced QC in the law of Hong Kong after the transfer of sovereignty over Hong Kong from the United Kingdom to China in 1997. King's Counsel who had been appointed KC in Hong Kong or British King's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became senior counsel automatically.[8]
King's Counsel from England or other senior counsel from other jurisdictions is not accorded any precedence if they are admitted generally in Hong Kong. However, visiting King'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.[9]
India[edit]
A member of the bar could be designated as a Senior Advocate upon a selection process that employs various criteria for designation. The said designation happens by the Supreme Court directly, or through the concerned state High Court. In August 2018 the Supreme Court issued guidelines to regulate the conferment of designation of Senior Advocate.[10] Senior advocates' gowns have a flap at the back to distinguish them from junior counsels.
New Zealand[edit]
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 were given the option of becoming Queen's Counsel or remaining as Senior Counsel.
Singapore[edit]
"Senior Counsel" is used in the law of Singapore.[30] There is no independent bar in Singapore and senior counsel practice as members of law firms. Prior to independence, select members were given the title of King's Counsel or Queen's Counsel.
South Africa[edit]
"Senior Counsel" (in Afrikaans Senior Advokaat) replaced QC in South Africa after the Union became a republic on 31 May 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.[31] This judgment has been overturned by the Supreme Court of Appeal and also the Constitutional Court. See Advocate § South Africa.
United Kingdom[edit]
In the United Kingdom, the position of senior counsel (lowercase) 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 King's Counsel/Senior Counsel, which is held by barristers.
Other jurisdictions have adopted similar titles: