Attorney General's Panel of Counsel

The Department maintains a non-exhaustive list of Queens Counsel (QC’s) who have previously been instructed by Departments (on nomination from the Law Officers) or haveexpressed interest in receiving instructions. A nomination from the Law Officers is always required before a QC is instructed; a rate is always agreed in advance of a nomination being approved. QC rates are negotiated with the clerk and usually range from between £180 - £250 per hour.

When seeking a nomination for a QC, the Attorney will wish to be satisfied that the work cannot be done by A Panel Counsel. Unless there is a good reason, she will also wish to be presented with a choice of 3 QCs. There is no requirement that any of the QCs put forward have to be on TSol’s list.

It can be seen therefore that being on TSol’s list of QCs does not guarantee any particular amount of work or indeed any work at all. However, being on the list does draw a QC’s willingness to do Government work to the attention of the Government lawyer looking for a QC. Information on the list about the QC’s hourly rate also makes the Government lawyer’s job a little easier and when time is short, having that information readily to hand in the list, may mean the difference between being put forward to the Attorney and not being put forward.

Where an A panel member takes silk, he or she can continue to act in cases where they have already been instructed without the need for a nomination for a period of 12 months. They will do so at existing A Panel rates.

As a general rule when Counsel take silk (and are doing work for which a nomination is required i.e. work they did not start as A panel Counsel) they are paid at the rate of £180 per hour for the first 12 months. Other silks are generally paid at an agreed rate between £180 and £250 per hour. It is open to QCs to agree a lower rate and some have done so.

Where an increase is agreed in the hourly rate, this will normally apply to all work (including existing work) carried out after a specified date. Clerks should, however (unless the number of cases renders this impracticable) discuss the effects of the increase with the case holder of any existing cases.

When off panel junior counsel are instructed they are paid at panel rates. A nomination is always required for an off panel junior. The AG will want a choice of three.

‘Baby barristers’ is the description that is used for very junior barristers who are within two years from end of pupillage and who are not yet panel members. They can be used to assist TSol on things such as a discovery exercise on a large case. They cannot be used to do advocacy of any sort. The arrangement has the sanction of the Attorney General and a nomination is not necessary provided they are within two years from end of pupillage and and no advocacy is involved. The rates are £25 per hour or £125 per day for 2nd six pupils and £45 for tenants.

If you are interested in participating in the Baby Barristers scheme then contact Hayley Devine at TSol.

Some departments maintain a list of Standing Counsel. These are more senior advocates, akin to Treasury Counsel. As well as leading in some of the most difficult cases, their insight into the work of their department means they are also available as a source of expertise to panel counsel. In addition, they may provide training and strategic advice.