New QCs still more likely to be Oxbridge-educated males

Jan 05, 2016

Written By Jack J Collins, Editor, AllAboutLaw.co.uk

Despite huge reforms to the appointments system to the Queen’s Counsel (QC) in 2004, latest research from LSE has suggested that Male, Oxbridge-educated, London-based junior barristers are still much more likely to become QCs.

The research, carried out by Assistant Professor of Law, Dr. Michael Blackwell, seems to suggest that the reforms have therefore been unsuccessful in carrying out their aim of making the selection process both more transparent and fairer.

In fact, it has been suggested that the situation has actually only got worse. Women are still far less likely to be taken on than their male equivalents, and the advantages of being educated at Oxford and Cambridge, or being based in a London chamber, have become further ingrained within the system.

Dr. Blackwell has suggested that the findings need to spark a serious debate about the abolition of QC status, because according to him, his research shows that it appears not to be in the interests of justice or fairness.

QC appointments are of importance for three main reasons – firstly, the pool of QCs is where the majority of High Court judges are appointed from, so a lack of diversity is holding back progress towards equality at the top end of the spectrum.

Secondly, QC status is seen as a benchmark of quality, but if people are being held back from achieving it due to reasons outside that of legal ability, it is not fair to the consumer. Finally, it determines that an individual barrister can charge much higher fees, so should therefore be only given out in accordance with quality in the profession.

Dr Blackwell concluded: “Because of the failure of the QC system to appoint the best advocates it does not operate as a perfect kite-mark of quality for consumers. Nor does it equally distribute the awards of QC status on any equitable basis. Finally, it might be thought to inhibit judicial diversity by restricting the pool from which the senior judiciary is traditionally recruited.”

“Serious policy debate about abolishing QC status has evaporated following the 2004 reforms. But the research in this article and additional arguments show there to be serious issues as to whether the existence of QC status is in the public interest. It is hoped that this research will inform any such future debate.”

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