More practice-specific guidance is needed to assist barristers across the Bar to apply for silk, a new report from the Bar Council has found. 

A working group, chaired by Bar Council Vice Chair Heidi Stonecliffe KC, considered how applicants across the Bar can be better supported in their King’s Counsel (KC) applications, how the Bar Council can help employed barristers gain the skills required to apply for silk, and whether there is scope to increase the breadth of referees that candidates can list. 

The group consulted with barristers from a wide range of practice areas and of varying years of Call, the King’s Counsel Appointments (KCA) Chief Executive, the Chief Executive of pro bono charity Advocate, and the chairs of Bar Council committees and the specialist Bar associations (SBAs). 

Barristers must apply through the KCA to become KCs, otherwise known as ‘taking silk’ – a mark of excellence in advocacy in the higher courts. Of the more than 18,000 practising barristers in England and Wales, close to 2,200 are KCs. 

The working group was set up to consider the low number of employed barristers applying for and being awarded silk, as well as a perceived lack of transparency and clarity about the KCA’s selection process and under-representation of certain areas of law among silks. 

A growing number of barristers are advocating for their clients in forums, tribunals and panels which operate differently to the traditional court structure. While the KCA has already produced resources and outreach programmes for those applying for silk, the working group found that additional new guidance is needed to explain how applicants can best utilise their increasingly diverse portfolios and identify suitable referees. 

The report makes 4 key recommendations: 

  • The Bar Council should regularly brief the KCA on practice-specific developments relevant to demonstrating excellence in advocacy, in consultation with the specialist Bar associations (SBAs) and representatives of the employed Bar 

  • The Bar Council should ensure there is accurate and relevant guidance and support on progression for barristers 

  • KCA should better highlight the range of forums and wider experience which can be brought into a KC application 

  • A non-exhaustive list of eligible judicial assessor roles should be created 

Heidi Stonecliffe KC, Chair of the Working Group and Vice Chair of the Bar Council, said: “Being awarded King's Counsel is regarded nationally, and internationally, as a hallmark of excellence in advocacy, and nothing in our report seeks to lower that high standard or diminish the high regard in which the appointment to silk is held. 

“However, our concern is that some exceptional advocates may be self-selecting out of the process because they are uncertain whether their particular career path, area of practice, or experience fits the perceived profile of a silk or the criteria for appointment. 

“By providing greater clarity and more nuanced guidance, we believe that we can encourage the strongest candidates from across the whole Bar to apply, helping to ensure that the KC cohort fully reflects the breadth and excellence of advocacy across the Bar of England and Wales.  

“A more representative pool of silks will not only strengthen the profession and serve the public at large but also support greater diversity within the senior judiciary, given the important role that King's Counsel continues to play as a pathway to judicial appointment.” 

Kirsty Brimelow KC, Chair of the Bar Council, added: “The recommendations in this report will help to safeguard the status of King’s Counsel as a mark of excellence, while continuing work to ensure that every deserving candidate has a fair and accessible route to appointment on merit.  

“I look forward to continuing the positive dialogue with the Chief Executive of the KCA, that I commenced earlier this year, to implement the report’s recommendations. Importantly, the KCA process must be able to recognise excellent applicants in all areas of law, whilst not diluting the KC competencies of excellence.  

“I continue to encourage barristers to contact me and the Bar Council if they are concerned about any perceived barriers.”