Q: I saw that at the end of last year my lawyer was named a Queen’s Counsel. What is this and how did she get it?
A: Each year, the provincial government can appoint lawyers to the position of Queen’s Counsel.
While it is usually the lieutenant-governor that formally makes the appointment as a representative of the monarch, it is actually the provincial minister of justice in consultation with a committee that calls the shots. Usually, a lawyer must have practised for at least 10 years, be in good standing with the law society and be a resident of that province.
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Being named as a Queen’s Counsel is an honour that recognizes excellent legal ability and distinguished service to the profession and the community. The first appointments were made more than 400 years ago in England. Queen Elizabeth I appointed Sir Francis Bacon as the first Queen’s Counsel. His duties were to act as a special lawyer to her and her attendants. There was a real role to be played in helping the queen. Now the office is seen as an honourary recognition of achievement.
These lawyers get to wear special silk gowns and the QC designation entitles them to be heard ahead of other lawyers in court.
In Canada, there has been some unhappiness with the system of appointments. The process has been criticized as rewarding political connections rather than professional excellence. Ontario, Quebec and the federal government have stopped making new Queen’s Counsel appointments. The western provinces continue with the tradition.
There is no doubt lawyers still like to receive the award because it is most often a recognition of hard work and dedication. I certainly was pleasantly surprised when I received mine a few years ago. You should be happy for your lawyer, and feel free to give her a call or drop her a note of congratulations.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
