Becoming a King’s Counsel (KC) as a solicitor

Read the KCA guidance for applicants

King’s Counsel Appointments (KCA) provides guidance for applicants (PDF 1.2 MB).

Focus your application on what you’ve done – not how important the case is

It isn’t enough evidence to sit behind a silk in the Court of Appeal, even if it’s a groundbreaking case.

Your individual contribution to a case is more important for the KC application process than how important or high-profile the case is itself.

You need to demonstrate complex work which you have personally done and emphasise your contribution.

It’s much better to be able to demonstrate relatively short advocacy on a complex matter than extensive routine advocacy.

The application process takes time

Most applicants spend more than 30 hours on the process.

The process is thorough, so give yourself plenty of time.

It can take years to get enough experience to apply. You should start to think about your cases three to five years before applying.

Build your advocacy experience

Advocacy experience is at the core of the KC application process.

Advocacy work includes any written or oral submission that persuades a court, tribunal or arbitrator to rule in your client's favour.

While advocacy is not part of everyday work for most solicitors, those solicitors who do specialise in advocacy in complex cases have successfully applied for KC status.

Take advantage of any opportunities to undertake contested advocacy work. This can mean dealing with advocacy yourself in a case, rather than instructing a barrister.

Some solicitors have found pro bono work to be a helpful way to gain the experience they need, as it allows them to take on a more active courtroom role.

Before starting your application, carefully read the KCA’s competency framework (PDF 1 MB).

Check you have enough experience to meet the criteria and strong enough evidence to back it up. 

The evidence of excellence must be drawn from cases of ‘substance, complexity or particular difficulty or sensitivity’ across the four separate competencies which are:

• understanding and using the law
• written and oral advocacy
• working with others, and
• diversity action and understanding

If you’re an outstanding practitioner in your field, with experience of complex cases in higher courts or in arbitrations, you may already be eligible to apply.

‘Complex advocacy’ can be defined as advocacy for which a KC might reasonably have been instructed.

If you have appeared in court alone against a KC, this could demonstrate the level of complexity and substance you are capable of with your advocacy work.

For example, experience only against junior advocates would not be enough.

If you're not there yet, spend time planning your career and proactively seek advocacy opportunities.

How is applying for KC as a solicitor different than applying as a barrister?

It's a common misconception that only barristers can take silk, but solicitors are equally eligible to apply.

Therese Prince looks at areas where solicitors may need to focus on developing experience, and where your role can be an advantage.

The application form

Completing the application form is the first step and most intensive part of the process.

The form will ask you to list the 12 most important cases you’ve made a significant contribution to over the last three years.

However, the panel understand that there are reasons why applicants may not be able to provide 12 cases in the past three years and don’t wish to disadvantage those who have, for example:

• taken a career break or parental leave
• been in long inquiries over this time

Having fewer than 12 cases is not a bar to application, although it is possible that fewer cases may not cover the breadth of evidence required.

If you are unable to provide 12 cases, you should make clear in your application the reasons why.

It may be worth considering whether there are any cases from slightly outside of the three-year window that could be included.

Bear in mind that the further back you go, the less assessors are likely to remember of the case.

Take time to draft and redraft each of your answers to give yourself the best possible chance of progressing to the next stage.

We recommend showing your application to others for feedback, particularly if they are KCs who have been through the process themselves.

Your application will be reviewed by the selection panel, which is made up of:

• two retired senior judges
• senior barristers
• senior solicitors
• lay (not legally qualified) members

The panel is looking for evidence that you can advance a client's case through your advocacy work by:

• identifying the best course of action
• communicating it persuasively and rapidly
• responding to and integrating new evidence into your arguments

What does the KC selection panel look for?

Amanda Brown KC discusses the advantages a solicitor's experience can bring to the role and what the KC selection panel is looking for in your application.

Interview

If your application is successful, you’ll be invited to a 45-minute interview with two members of the selection panel.

They’ll ask questions relating to your application and assessors’ comments.

If you’re successful at interview, the panel will recommend you to the lord chancellor, who’ll confirm your appointment as a KC.

If your application is unsuccessful, you’ll receive detailed feedback and can reapply in the future.