What Does it Mean When a Barrister is a KC?

KC stands for King’s Counsel.  For many decades, the title was QC (for Queen’s Counsel), but this changed after the death of Her Majesty Queen Elizabeth II.

Barristers are appointed as KCs if they display “excellence in advocacy in the higher courts”.  This is a little simplistic, because there are a number of different criteria that must be met, but excellence in advocacy is the skill which the appointment to KC is intended to reflect.

As a rule of thumb, a KC can be considered very experienced and very good.  That is not to say that barristers who are not KCs (known as ‘junior’ barristers, regardless of their age) cannot also be very good and very experienced!

Who Can Become a KC?

Both barristers, and solicitors, are eligible to be appointed as KCs.  It is much more common for barristers to be appointed because it is barristers that ordinarily act as advocates. Statistics about who has become a KC since 2006 can be downloaded by clicking here.

How Do Barristers Become KCs?

In the past, barristers were selected for appointment by their peers and the judiciary, but this process was opaque and unfair.  It has (since 2004) now been modernized and barristers are only appointed as KC if they themselves apply, and go through a process involving interviews and assessments.

Barristers apply to the KCA, an independent body which reviews the evidence put forward by those that apply, interviews promising candidates, and considers references from other barristers, judges, and solicitors, about the applicant’s work.

What is the KC Application Process Like?

Applicants first complete an application form which includes:

• personal details;

• professional details;

• a ‘self-assessment’, in which the applicant explains how s/he meets the competencies that the KCA will assess them against.  The competencies are:

  Understanding and Using the Law: this requires applicants to have up to date knowledge but also the ability to become familiar with new areas of law quickly and reliably;

Written and Oral Advocacy: this requires evidence of developing or advancing a case to secure the best outcome in the dispute, and applicants must have some evidence of oral advocacy;

Working with Others:  this requires evidence of establishing productive relationships and demonstrating expected behaviours; and

Diversity Action and Understanding: this requires a good understanding of diversity and inclusion issues as well as proactivity. Applicants do not have to rely on their professional work for this competency, and can instead bring in evidence from other areas of life if they wish.

• a list of 12 cases “of substance, complexity, or particular difficulty or sensitivity”, from the previous 3 years, on which the barrister has worked; and

• a list of referees, known as ‘assessors’, who the applicant nominates for the KCA to contact about the applicant’s abilities.  The applicant must nominate:

12 judicial assessors.  This can include arbitrators, as well as judges;

12 practitioner assessors.  This can include barrister that have worked with the applicant on the same case, or been the opponent of the applicant on a case; and

6 professional client assessors.  This means solicitors that instruct the applicant, or lay client representatives.

Four of the 12 judicial referees are approached by the KCA to provide references.  Applicants are asked to nominate two judges (and indicate the order of preference), and the KCA will obtain a reference from one of them.  The other three judicial referees are selected by the KCA from the applicant’s list.

Three of the 12 practitioner referees are approached by the KCA to provide references.  Applicants are again asked to nominate two, one of whom will be approached and the KCA selects the other two.

Two of the 6 professional client referees are approached by the KCA to provide references.  Applicants nominate two, one of whom will be approached and the other is selected by the KCA.

So, in total:

1.    The applicant needs to provide a total of 30 different referees; and

2.    The KCA will approach a total of nine of those 30 to obtain references.

Promising applicants are invited to interview.  The interview lasts between 30 and 60 minutes, and is conducted by two members of the KCA selection panel (one lay member, and one legally qualified member).  Applicants are asked about their experience in order to flesh out how they believe they demonstrate the competencies.

Following interview, the interviewers grades each applicant.  The full KCA Selection Panel then conducts a review of those initial grades.  There is then a collective moderation, scrutiny of borderline cases, and the list of successful applicants is finalised.

The list of successful applicants is sent to the Lord Chancellor and then to the King to approve.

How Much Does it Cost to Become a KC?

The cost (in 2024) for each barrister that applies to the KCA is:

• £2,520 (£2,100 + VAT) for the application; and

• a further £4,320 (£3,600 + VAT) as a fee charged only to those who are successful.

Any applicants who earn less than £90,000 per annum (gross) are entitled to a 50% discount on these fees.