Misplaced Pages

#367632

55-576: 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. In Hong Kong, every Senior Counsel must wear a black robe and silk gown together with a wig when appearing in open court. In Ireland , Senior Counsel wear

110-641: A dominion within the British Commonwealth of Nations . John O'Byrne was the sole King's Counsel (KC) appointed after independence, in June 1924 when he was Attorney General of Ireland . Shortly after the Courts of Justice Act 1924 came into effect, Chief Justice Hugh Kennedy , in conjunction with the Bar Council of Ireland , revived the issue of patents of precedence , which had been used in

165-651: A constitutional office-holder. In 1990, the Fair Trade Commission stated that "[w]e have recommended that the Bar Council should be the primary disciplinary body for barristers, and it does not include any members of the judiciary. The Attorney General is, however, a member of the Bar Council, and the Commission believes that it is preferable that he should not be involved when the Bar Council is exercising its disciplinary function. The Attorney General

220-402: A kind of practical apprenticeship for the new barrister, who works in the same chambers as their tutor/mentor and is able to learn by observing their tutor/mentor, as well as actively seeking their guidance. In common law Canadian provinces, despite the unified legal profession (lawyers are qualified as both barristers and solicitors ), the certificate issued by the provincial Law Society to

275-521: A law firm for ten months, but due to a shortage of articling positions available each year and an influx of articling candidates, a pilot alternative program available through the University of Ottawa and Toronto Metropolitan University was established. The Law Practice Program requires the articling students to spend four months in a virtual law office and to spend another four months in a work placement. Alberta and Prince Edward Island are

330-457: A lay member appointed by the Minister for Justice . The relevant part of the 2015 act was commenced in 2019. It allows the bestowal of the title "Senior Counsel" on solicitors . The LSRA advisory committee replaces an earlier advisory committee which had no statutory basis, and no solicitor or lay member. The 2015 Act also specifies the criteria for both solicitors and barristers: It is still

385-411: A practising barrister with a right of audience before all courts. England and Wales and some other jurisdictions distinguish two types of lawyers , who are regulated by different bodies, with separate training, examinations, regulation and traditions: A solicitor must qualify as a solicitor-advocate in order to acquire the same "higher rights" of audience as a barrister. In other jurisdictions,

440-686: A practising certificate, while barristers sole are entitled only to practice as a barrister. Admission is overseen by the New Zealand Law Society. As in New Zealand, there is no formal distinction between barristers and solicitors. A lawyer in Nigeria is admitted as a "Barrister and Solicitor of the Supreme Court of Nigeria ". Once admitted, Nigerian lawyers may argue in any federal trial or appellate court as well as any of

495-542: A press release about a 1943 election candidate; they regarded "K.C." as pro-British and thus violating Irish neutrality . In 1949, shortly before the coming into force of the Republic of Ireland Act 1948 , which created the Republic of Ireland and 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

550-659: A series of examinations at the Institute of Professional Legal Studies at Queen's University Belfast (under the supervision of the Honourable Society of the Inn of Court of Northern Ireland), barristers are called to the bar by the Lord Chief Justice of Northern Ireland and members of the Inner Bar are known as King's Counsel. In Sri Lanka , a lawyer must be admitted and enrolled as an attorney-at-law of

605-534: A silk gown which differs from that of a Junior Counsel; the wig is optional. 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

SECTION 10

#1732791541368

660-627: Is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current attorney general is Rossa Fanning , SC . The office and functions of the attorney general are outlined in Article 30 of

715-418: Is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been " called to the bar " or to have received "call to the bar". "The bar" is now used as a collective noun for barristers , but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at

770-648: Is also a member of the Council of King's Inns, and the Commission believes it to preferable that he should not participate in any disciplinary activity pursued by that body either. Indeed, in general, we find the membership of these bodies by the Attorney General to be somewhat anomalous." The Office of the Parliamentary Counsel to the Government is the Office of the parliamentary counsel to

825-652: 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. "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

880-509: 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: Call to the Bar The call to the bar

935-540: The Constitution of Ireland . The attorney general has always been a barrister rather than a solicitor, although this is not a requirement for the post. In cases where a barrister nominated by the Taoiseach to be the attorney general was not a senior counsel at the time, the government of the day has made them one first, as occurred in the cases of John M. Kelly and John Rogers . The attorney general advises

990-670: The Executive Council (government). Although the 1937 Constitution of Ireland created the office of President of Ireland , it was still the Taoiseach as head of government who signed patents of precedence under the Executive Powers (Consequential Provisions) Act 1937. The title "K.C." continued to be used by many Senior Counsel, both those created before July 1924 and those after. Sir John L. Esmonde complained that wartime censors had changed "K.C." to "S.C." in

1045-574: The Government of Ireland . It is part of the office of the Attorney General. It drafts bills which the Government intends to introduce in the Oireachtas . Although the Oireachtas as the legislature has formal authority to enact legislation, in practice the government whip rarely allows substantive amendments to bills to be made in the Dáil or Seanad ; thus the Parliamentary Counsel's role

1100-773: The Irish Parliament . For example, the killing of cattle in Dublin is still regulated, in part by an Irish act of 1743, while the "Treatment of Foreign Merchants" is governed by 25 Edw. 1 Magna Carta c. 30 , an act of the Parliament of England dated 1297. The Ministers and Secretaries Act 1924 provided a legislative basis for the Attorney-General of the Irish Free State ( Irish : Príomh-Atúrnae Shaorstáit Éireann ). This act provided it with:

1155-408: The Supreme Court of Sri Lanka . This is referred to as the call to the bar. Generally, lawyer qualification is a U.S. state matter and a lawyer is said to have been " admitted to the bar " and become an " attorney at law "; some states still use the older term "attorney and counselor (also spelled 'counsellor') at law", upon taking his or her oath of office. Historically, the institution of attorney

SECTION 20

#1732791541368

1210-587: The "privilege of patent" was part of the royal prerogative within the Free State. The early patents were issued under the Free State's [internal] Great Seal by the Governor-General as the King's representative, on the advice of the Executive Council (government). On 14 July 1924 the Chief Justice called the first recipients to the "within the bar" and bestowed their patents. The form of

1265-408: The 18th and 19th century as an alternative to a patent as KC, but had fallen into disuse from 1883 as the strictures formerly associated with the rank of KC were abolished. The Irish Free State patent wording was based on that issued to Daniel O'Connell ; the recipient would be styled "Senior Counsel" (SC; Irish abhcóide sinsir or abhcóide sinsearach ). According to the view held at the time,

1320-530: The 1924 patent omitted the appointment as "one of our counsel learned in the law" from the KC patent, but retained its grant of "precedence and preaudience" to rank next after the previously appointed KC or SC. The Constitution (Amendment No. 27) Act 1936 abolished the office of Governor-General and the Executive Powers (Consequential Provisions) Act 1937 was held to have transferred the royal prerogative to

1375-732: The British change from King to Queen in 1952. The Legal Services Regulation Act 2015 provides for the Legal Services Regulatory Authority (LSRA) to establish an Advisory Committee on the grant of Patents of Precedence. The committee comprises the Chief Justice, the Presidents of the Court of Appeal and High Court , the Attorney General , heads of the Bar Council and Law Society of Ireland , and

1430-452: 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. As late as the 1960s, R.G.L. Leonard (made KC before 1922) was described in the official Irish law reports as "Queen's Counsel", reflecting

1485-544: The South Australian Government restored the rank of Queen's Counsel. The formal difference appears to be that KCs receive a warrant signed by the relevant state governor, who is the formal viceregal representative of the sovereign in the Australian states , whereas SCs receive a certificate issued by the relevant bar association or bureaucracy such as by the judicature of the state supreme court as

1540-667: The State. The Office of the Attorney General is made up of different offices: Part of the attorney general's function has been to support the Statute Law Revision Programme of the Law Reform Commission , which reviews all legislation passed before independence to investigate which laws are obsolete and may be repealed, and which should be kept. This includes laws of the United Kingdom of Great Britain and Ireland , Britain, England, and

1595-759: The Supreme Court. Upon being called to the bar, a barrister becomes a member of the Outer Bar, or "Junior Counsel". Some barristers may subsequently be called to the Inner Bar in a similar ceremony, gaining the title "Senior Counsel". As in Canada, the legal profession is fused . A lawyer in New Zealand is admitted as either a "barrister sole" or a "barrister and solicitor of the High Court of New Zealand ". Once admitted, New Zealand's "barrister and solicitors" are able to practise in either mode provided they hold

1650-551: 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. Senior advocates' gowns have a flap at the back to distinguish them from junior counsels. The Irish Free State came into existence in December 1922 as

1705-565: The branches and officers of the public services specified in the Ninth Part of the Schedule to this Act and also the administration and business generally of public services in connection with the representation of the Government of Saorstát Eireann and of the public in all legal proceedings for the enforcement of law, the punishment of offenders and the assertion or protection of public rights and all powers, duties and functions connected with

Senior counsel - Misplaced Pages Continue

1760-761: The business, powers, authorities, duties and functions formerly vested in or exercised by the Attorney-General for Ireland , the Solicitor-General for Ireland , the Attorney-General for Southern Ireland, the Solicitor-General for Southern Ireland, the Law Adviser to the Lord Lieutenant of Ireland and any or all of them respectively, and the administration and control of the business, powers, authorities, duties and functions of

1815-471: The case may be. The title of Senior Counsel has replaced that of Queen's Counsel in Barbados, which became a republic on 30 November 2021. Those who were appointed as Q.C. are now free to change their postnominal letters to K.C., due to the death of Queen Elizabeth II and the accession of King Charles III to the British throne. They are not required to become S.C.s. For example, Dame Sandra Mason , who

1870-609: The courts in Nigeria's thirty six states and the Federal Capital Territory. Lawyers are regulated by the Nigerian Bar Association . Prior to the partition of Ireland, barristers in what is now Northern Ireland were called to the bar in the same manner as those in the rest of Ireland. The procedure remains much the same today, save that candidates wishing to qualify as barristers must complete

1925-578: The examination and the further training are administered by the state's bar association: Upon completing the relevant training course, new barristers ("readers") are required to spend a period of months "reading" in the chambers of an experienced barrister, called the reader's "tutor" (in New South Wales) or "mentor" (in Victoria) (historically, this experienced barrister was called the new barrister's "pupil master"). This "reading" period serves as

1980-521: The first 17 (out of 60 applicants) solicitors. In Northern Ireland , the designation King's Counsel (KC) or Queen's Counsel (QC) has continued since 1921, as in the rest of the United Kingdom . In 1983 Richard Ferguson , former head of the Northern Ireland bar, was called to the Inner Bar in Dublin, becoming the first to be simultaneously QC and SC. Conversely, the first SC to become QC was Paddy MacEntee in 1985. The title "Senior Counsel"

2035-504: The first time. Article 59 provided that the attorney general of Saorstát Éireann before the coming into operation of the Constitution would become the attorney general on the coming into operation of the Constitution without the need for an appointment, which occurred on 29 December 1937. Until 1974, the attorney general was responsible for the prosecution of criminal offences. In 1974, the position of Director of Public Prosecutions

2090-568: The government on the constitutionality of bills and treaties, and presents the government's case if the President refers any bill to the Supreme Court under Article 26 of the Constitution before signing it. The attorney general has few prosecution duties; these are limited to functions under the various Fisheries Acts and Extradition Acts. Instead, the Director of Public Prosecutions has responsibility for all other criminal prosecutions in

2145-527: The government which grants the patent of privilege and the Chief Justice of Ireland who calls patentees to the Inner Bar. As of 2020, there were about 325 SCs among about 2,300 barristers registered with the Bar Council of Ireland . On 1 September 2020 the cabinet approved the first batch of 37 recommendations of the LSRA advisory committee. These were appointed senior counsel the following day, including

2200-496: The handover became senior counsel automatically. 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. A member of

2255-413: The laws of these jurisdictions). In Australia, the status of the legal profession differs from state to state: Most Australian barristers will have previously worked as solicitors prior to becoming barristers. Candidates wishing to become barristers may have to pass an examination and undergo further specialised training before those candidates are "called to the bar" or "sign the roll of counsel". Both

Senior counsel - Misplaced Pages Continue

2310-459: The new member with a speech written specifically for that call. In Quebec , a civil law notary is very similar to a solicitor. In England and Wales, a call ceremony takes place at the barrister's Inn of Court (or at Temple Church for members of the Inner Temple ), before or during the pupillage year. A barrister is called to the utter ("outer") bar or "appointed to the degree of

2365-508: The newly qualified lawyer generally indicates his or her having been called to the bar and admitted as a solicitor. In Ontario and Manitoba, there are two certificates, one issued by the respective provincial Law Society for call to the bar and the other by the Superior Court (Ontario) or Court of King's Bench (Manitoba) for admission as a solicitor. In Ontario , being called to the bar requires students to article (apprentice) with

2420-487: The only common law jurisdictions with individual, rather than group, calls. The student's supervisor, referred to as his or her principal, makes an oral application to the Provincial Court of Alberta or Court of King's Bench , or the Supreme Court of Prince Edward Island , respectively, to have the student called to the bar. Gowns are worn and the ceremony is public, with the presiding judge (or judges) welcoming

2475-663: The rank of Queen's Counsel and there was talk of other Australian states following suit. 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; some 89% of barristers entitled to be called Senior Counsel were reported to have applied for letters patent to become Queen's Counsel. On 18 February 2019,

2530-512: The rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs . Like many other common law terms, the term originated in England in the Middle Ages , and the call to the bar refers to the summons issued to one found fit to speak at the "bar" of

2585-473: The royal courts. In time, English judges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barristers to the four Inns of Court . Once an inn calls one of its members to its bar, they are thereafter a barrister. They may not, however, practise as a barrister until they have completed (or been exempted from) an apprenticeship called pupillage . After completing pupillage, they are considered to be

2640-584: The same respectively, together with the duty of advising the Executive Council and the several Ministers in matters of law and of legal opinion. It also transferred the following bodies to the office of the Attorney-General: The Constitution of Ireland , which came into operation on 29 December 1937, established the position of Attorney General of Ireland in Article 30, providing it with a constitutional basis for

2695-634: The terminology and the degree of overlap between the roles of solicitor and barrister varies greatly; in most, the distinction has disappeared entirely. Common law jurisdictions include Australia , England and Wales, New Zealand , Canada , Hong Kong , India , Nigeria , the Republic of Ireland , Northern Ireland and most jurisdictions in the Commonwealth of Nations and the United States (the See also section below contains links to articles on

2750-419: The utter bar". Those appointed as King's Counsel (Queen's Counsel if the monarch is female) are entitled to plead from "within the bar" in court. In Ireland, the legal profession is split between solicitors and barristers. Candidates wishing to qualify as barristers must complete a series of examinations at the Honorable Society of King's Inns. Successful candidates are called to the Bar by the Chief Justice in

2805-569: Was appointed as Q.C. is now free to change to K.C., even though she is the first President of Barbados . All new appointments will be as S.C. only. Senior Counsel is appointed in Belize, even though King Charles III is King of Belize . "Senior Counsel" ( Chinese : 資深大律師 ) 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

SECTION 50

#1732791541368

2860-413: 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. "Senior Counsel" is used in the law of Singapore . There

2915-457: Was established. Local state solicitors were transferred to the Director of Public Prosecutions in 2007. Two less well-known but significant roles played by all Irish Attorneys General to date are as the "leader of the Irish Bar " and as a Bencher of the King's Inns . The acceptance by Attorneys General of these non-statutory and often secretive roles upon taking office throughout the years has been questioned and criticised as inappropriate for

2970-399: Was similar to that of the solicitor, whereas the office of the counselor was almost identical to that of the barrister, but today this distinction has disappeared. The phrase "called to the bar" is still sometimes used informally by U.S. attorneys to refer to their qualification as a lawyer. Attorney General of Ireland The attorney general of Ireland ( Irish : An tArd-Aighne )

3025-409: 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. This judgment has been overturned by the Supreme Court of Appeal and also the Constitutional Court. See Advocate § South Africa . In the United Kingdom , the position of senior counsel (lowercase)

#367632