Unless you frequently mix in legal circles, you may not be aware of the rumours, controversy and drama surrounding the process of appointing barristers into the elite group of “Senior Counsel”, also known as SCs or silks.
This year, just 26 out of 113 experienced barristers were successful in receiving the title. Only a select few barristers will ever attain the coveted position of SC: in NSW, there are 2324 barristers altogether but only 392 silks, meaning that just 16.9% of barristers can count themselves as Senior Counsel – or Queen’s Counsel (QCs), which was the title that silks used to be appointed under.
The numbers are even lower for women in the profession – while they make up just over 20% of barristers, they constitute just 10% of silks. Of the 392 NSW silks, 39 are women, and just 3 female applicants were chosen this year, although only 12 women applied – which is less than in previous years.
Sadly, the rate of females being appointed as SCs is in decline – just three women were appointed last year, compared with seven in 2013, and 12 in 2012.
First Aboriginal Senior Counsel
Anthony McAvoy, appointed this month, is the first Aboriginal to be appointed as Senior Counsel. He was admitted to the NSW Bar in 2000 and has spent the last 15 years practising as a criminal barrister, as well as in the fields of environmental law, native title and alternative dispute resolution.
McAvoy is one of just two Indigenous barristers in the whole of NSW, and just 15 Australia-wide. He is hopeful that the number of Aboriginals at the bar will increase in future years, stating that “there are a number of very talented indigenous solicitors who would have stellar careers at the Bar.”
Former Local Court Magistrate Pat O’Shane is another well-known Aboriginal member of the legal profession. She was an exeptional lawyer who gained prominence and publicity during her time as a Magistrate in NSW. Although she retired from the bench, she has returned to court – once again, as a very sharp, intelligent and highly respected criminal lawyer.
Who are Senior Counsel?
While all barristers appear in court to represent their clients, only the chosen few receive the honour of “taking silk”, or becoming ‘Queens Counsel’ or ‘Senior Counsel’.
The title of ‘Queens Counsel’ used to be given by the NSW governor on the advice of the Attorney-General, but this was abolished in 1992. Since then, the NSW Bar Association created its own title, ‘Senior Counsel’, to convey an equivalent level of prestige and eminence. Instead of being appointed by the NSW governor, those wanting to become Senior Counsel apply, and a committee made of members of the judiciary and the legal profession decides who to appoint.
Competition is fierce and the selection process is tough. Hopeful barristers must demonstrate that they are:
- Learned in the law;
- Skilled in presentation, testing, evaluation and resolution of cases;
- Possess integrity and honesty;
- Independent and committed to discharging his or her duty to the court;
- Disinterestedness when accepting briefs, regardless of personal opinions or the cause;
- Diligent to vigorously defend their clients interests; and
- Experienced over a considerable period including with some of the following: appeals, a position of leadership, conducting major cases, conducting cases with a junior barrister, practise in specialist areas of law, experience in mediation and sitting on courts or tribunals
Congratulations!
So congratulations to all of this year’s successful candidates, especially Grant Brady and Tim Gartelmann who are two of the exceptional criminal defence barristers that Sydney Criminal Lawyers® brief:
John Barclay TURNBULL, Wayne Thomas CREASEY, Jean-Jacques Thomas LOOFS, Paul Neil William SANSOM, Mark Justin WALSH, Dominic Alexander PRIESTLEY, Dominique HOGAN-DORAN, Craig Christopher PATRICK, Patrick James GRIFFIN, Andrew John STONE, Michael GREEN, David Michael WILSON, Maria Maddalena CINQUE, Christopher Scott WARD, Andrew Michael PICKLES, Paul Rennie McGUIRE, Dominic Robert John TOOMEY, Anthony Logan McAVOY, Matthew James JOHNSTON, Grant Allan BRADY, David Alexander McLURE, Gina Maree O’ROURKE, Timothy Hans GARTELMANN, Edward Charles MUSTON, Anthony Peter CHESHIRE, Jeremy Christopher GILES
