Why elite lawyers wear silk and hold the title of King's Counsel
In short: Known as taking silk, the appointment of a King's Counsel is a prestigious mark of legal eminence. Originating in the 16th century as a Crown representative, the role has evolved from a functional office of state into a modern, merit-based recognition of professional excellence within the Commonwealth legal systems.
The rank of King's Counsel (KC) emerged in England during the late 16th century, with Sir Francis Bacon becoming the first Queen's Counsel Extraordinary in 1597. Initially, these lawyers served as direct representatives of the Crown, granted special precedence to resolve litigation swiftly. By the 19th century, the role had transitioned into a standard mark of seniority for barristers, eventually superseding the older, more senior rank of serjeant-at-law. As the number of KCs grew—from 14 in 1775 to over 1,000 by the year 2000—the position shifted from a vocational necessity to a badge of prestige.
Historically, KCs were bound by strict professional constraints, including the requirement to appear in court alongside a junior barrister and the prohibition against drafting pleadings alone. These rules, which made retaining a KC more expensive, were intended to protect the junior bar and ensure that leading counsel were reserved for significant cases. By the end of the 20th century, these formal restrictions were abolished, leaving the title as a status symbol. Today, the appointment is no longer a government patronage but is managed by independent selection panels, such as the Queen's Counsel Selection Panel established in 2004.
The title itself is fluid, changing automatically between King's Counsel and Queen's Counsel based on the reigning monarch, as mandated by the Demise of the Crown Act 1901. While some jurisdictions have replaced the designation with neutral terms like Senior Counsel, others maintain the tradition. The process remains rigorous, typically requiring 10 to 15 years of experience and a proven record of outstanding professional contribution. Whether in the UK, Canada, or Australia, the title continues to serve as an independent signal of excellence for litigants navigating complex legal landscapes.
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