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Litigation Letter

The future of silk?

The Lord Chancellor, speaking at a ceremony to mark the appointment of the new Queen’s Counsel, raised a serious question mark over the future of the silk system when he explained his decision to issue a consultation paper on the future of the historic rank. The Lord Chancellor said it was clear that there is an appetite for change. He asked whether a quality mark for the legal professions was necessary at all. On the one hand it was argued that the current system provides a body of advocates who are recognised as leaders of the profession; and assists solicitors in selecting the quality of legal assistance their client needs. But the Lord Chancellor recognised the opposing arguments: ‘Many see the market in legal advocacy as highly developed. They are not convinced that solicitors need a broad, state conferred, quality mark to help them decide who to instruct. Solicitors know, individually and collectively, who are the experts in their area of practice. ‘In addition, many assert that the rank of silk drives up legal costs unjustifiably.’

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