Could QC title be up for grabs once more?

The return of Sirs and Dames has the legal profession hinting at the possibility that the title of Queen’s Counsel could also be returned to those deemed deserving in the legal profession.

Media reports from the Just Law: Minds Wide Open conference indicate that Attorney General Chris Finlayson hinted that there yet may be a Queen’s Counsel again.

The Attorney General has made no official comment though on the title.

The title Queen’s Counsel was abolished by the Labour-led government, who also abolished that of Dame and Knight, and was replaced with that of Senior Counsel. The role of Senior Counsel was allowed for under the Lawyers and Conveyancers Act of 2006.

The new government have since reinstated the title of Sir, Dame and Lady.

The first appointment of a Senior Counsel was made on October 3 2008, three months after the bill came in to being. The bill also extended the eligibility of lawyers for the title to include those lawyers working in partnerships.

This has been criticised in a recent discussion paper released by the Auckland District Law Society.

“Significantly, only two of the seven new appointments were from the independent bar, Rt Hon Sir Geoffrey Palmer and Jan McCartney,” the paper says.

“If this is to become a pattern there are serious implications for the independent bar, for whom appointment as QC was seen as a significant career step; and by those outside the bar as a warranty of expertise and experience,” it adds.

“A strong independent bar is needed for a strong bench. Judges are generally recruited from senior litigators – whether in partnership or barrister sole. The latter are however important as they are both independent and also specialists in their fields, and should form the bedrock of the bench.”