Bringing Lawyer Monthly expert barrister knowledge every month with our #WednesdayWisdom, here Scott Haley, Family Practice Manager at One Pump Court, discusses the meaning and history behind ‘taking silk’.
The award of Queen's Counsel is known informally as “taking silk”, which is why QC’s are often colloquially known as ‘silks’.
An example of meritocracy at the Bar, lawyers – almost always barristers – are awarded this on the basis of merit rather than a particular level of experience, however, they do tend to have 15 years experience or more.
Queen's Counsel have traditionally been selected from barristers, rather than from lawyers in general, because they were counsel appointed to conduct court work on behalf of the monarchy. Once granted, members have the privilege of sitting within the Bar of court.
Generally considered an expert in their area of law, silks are of a higher status than others – essentially, they are the bee’s knees of the legal world.
The first ever QC was appointed way back in 1594 by Queen Elizabeth I. His name was Francis Bacon, and he was the man many believe to be responsible for several of the plays attributed to the great William Shakespeare.
At that time, the Queen’s Counsel (or King’s Counsel during the reign of a male monarch) slowly replaced the Medieval order known as the Serjeants, and eventually became the legal advisers to the monarch and their government. Almost unbelievably, the first female QCs were not named at the English Bar until 355 years later in 1949.
But where does the term “silk” come from, and why do we refer to QCs as having “taken silk”? Essentially, it’s all to do with their court dress.
When in court, a QC will typically wear a black coat and waistcoat or a simple long-sleeved waistcoat in the style of 18th century court dress. The gown is always, in theory, made of silk – and this is the rather unimaginative reason behind the term.
