*/
The Treasury Solicitor’s Department dispels the myths surrounding appointment to the Attorney General’s Civil Panels.
The Attorney General maintains (by means of an open advertisement and application process) four panels of junior counsel to undertake civil and EU work for all government departments. She has three London panels and a regional panel. The panel system means that whether junior counsel are acting for the government in relation to an inquiry into deaths in Iraq, a judicial review against a planning decision, a claim for defective construction of a motorway, an injunction against a newspaper, or indeed any other aspect of contentious and non-contentious legal work for which counsel are needed, then the counsel selected will be members of one of the Attorney General’s Civil Panels.
The work of panel counsel is extremely interesting. Exposure to the high quality legal work on the panels can in due course assist in preparing applications for Silk and judicial appointment. A competition in relation to the London panels is held each year and this year’s applications for the London A, B and C Panels has now been announced (see p 38). The next competition for regions outside London is likely to be in June 2010. There are a number of myths surrounding panel counsel appointments. The Treasury Solicitor’s Department, which assists the Attorney General’s Office in the administration of the Attorney General’s Civil Panels, has provided the following “mythbusters” (see p 16).
The Treasury Solicitor’s Department
Myth 1: Only counsel from certain chambers are appointed
This is not true. Appointment is on merit and is conducted by fair and open competition.
Myth 2: Only counsel from certain backgrounds are chosen
The Attorney General appoints the best candidates solely on merit, irrespective of ethnic origin, gender, marital or civil partnership status, sexual orientation, political affiliation, religion, disability, age, or the chambers at which they practise. The Attorney General has produced an Equality and Diversity Expectations Statement about how she expects chambers, whose members include existing or prospective panel counsel members, to act. Details can be found on the TSol website: www.tsol.gov.uk.
Myth 3: Only public law specialists are successful
There is a variety of work available, not just in public law, to ensure the panels can meet the needs of government. It is important therefore that the panels contain counsel with various specialisms and that counsel are also able to branch out into new areas of work if the need arises.
Myth 4: When you are appointed as panel counsel you can no longer act against government
This is not true. We fully encourage counsel to maintain both a public and private practice, this includes acting against government. It is beneficial to government if counsel have had experience of acting against government. Panel membership is also not indefinite; we would therefore want to ensure that should panel membership cease counsel still has a private practice to return to.
Myth 5: I can only get on the A or B Panel if I have already been on the C Panel
Appointment is based on merit and the best candidates are those who are ultimately successful. Each year we have found that we appoint some candidates who are not currently on the panels.
Myth 6: I am seven years’ Call so cannot apply for the C Panel
C Panel appointees will usually have between two and five years’ advocacy experience and B Panel appointees will usually have between five and ten years’ advocacy experience (counted from end of second six). However there is no longer any hard and fast rule and it is possible for someone with more advocacy experience to apply successfully. Of course one of the things that we are looking for in appointing to the C and B Panels is future potential for the A Panel. The Selection Board would look carefully at applications from someone with, say, 15 years’ advocacy experience applying for the C Panel.
Myth 7: My panel appointment Is affected by maternity leave
Appointments to the panel are made for five years. If during this time counsel take maternity leave they can if they so choose apply to have their panel membership extended for a commensurate period of time. Extensions are also considered for any other reason that counsel may have been away from chambers for some time and have not undertaken advocacy. Counsel are therefore not disadvantaged when it comes to making future applications. Additional time on the panel allows counsel time to undertake further advocacy work that will strengthen their application to the A or B Panels.
Myth 8: A Panel counsel applying for re-appointment are given priority over B Panellists and others
Appointments to the panels are made for five years, after which time counsel are required to apply for the next panel up, or if they are existing A Panel counsel they are required to re-apply. When existing A Panel counsel re-apply they are not given priority, we operate a completely level playing field so all counsel (whether existing panel members or not) are all considered together.
Myth 9: I do not seem to be getting much government work, I just have to accept the position
Although appointment to any panel cannot be a guarantee that work will be available, the intention is that each advocate appointed should be given at least a minimum amount of work. The volume of work panel members receive is monitored together with their performance. If panel members want more work either because they feel they are being overlooked or because a trial has collapsed and they are unexpectedly free, then their clerks can contact the Treasury Solicitor’s Department.
The work of panel counsel is extremely interesting. Exposure to the high quality legal work on the panels can in due course assist in preparing applications for Silk and judicial appointment. A competition in relation to the London panels is held each year and this year’s applications for the London A, B and C Panels has now been announced (see p 38). The next competition for regions outside London is likely to be in June 2010. There are a number of myths surrounding panel counsel appointments. The Treasury Solicitor’s Department, which assists the Attorney General’s Office in the administration of the Attorney General’s Civil Panels, has provided the following “mythbusters” (see p 16).
The Treasury Solicitor’s Department
Myth 1: Only counsel from certain chambers are appointed
This is not true. Appointment is on merit and is conducted by fair and open competition.
Myth 2: Only counsel from certain backgrounds are chosen
The Attorney General appoints the best candidates solely on merit, irrespective of ethnic origin, gender, marital or civil partnership status, sexual orientation, political affiliation, religion, disability, age, or the chambers at which they practise. The Attorney General has produced an Equality and Diversity Expectations Statement about how she expects chambers, whose members include existing or prospective panel counsel members, to act. Details can be found on the TSol website: www.tsol.gov.uk.
Myth 3: Only public law specialists are successful
There is a variety of work available, not just in public law, to ensure the panels can meet the needs of government. It is important therefore that the panels contain counsel with various specialisms and that counsel are also able to branch out into new areas of work if the need arises.
Myth 4: When you are appointed as panel counsel you can no longer act against government
This is not true. We fully encourage counsel to maintain both a public and private practice, this includes acting against government. It is beneficial to government if counsel have had experience of acting against government. Panel membership is also not indefinite; we would therefore want to ensure that should panel membership cease counsel still has a private practice to return to.
Myth 5: I can only get on the A or B Panel if I have already been on the C Panel
Appointment is based on merit and the best candidates are those who are ultimately successful. Each year we have found that we appoint some candidates who are not currently on the panels.
Myth 6: I am seven years’ Call so cannot apply for the C Panel
C Panel appointees will usually have between two and five years’ advocacy experience and B Panel appointees will usually have between five and ten years’ advocacy experience (counted from end of second six). However there is no longer any hard and fast rule and it is possible for someone with more advocacy experience to apply successfully. Of course one of the things that we are looking for in appointing to the C and B Panels is future potential for the A Panel. The Selection Board would look carefully at applications from someone with, say, 15 years’ advocacy experience applying for the C Panel.
Myth 7: My panel appointment Is affected by maternity leave
Appointments to the panel are made for five years. If during this time counsel take maternity leave they can if they so choose apply to have their panel membership extended for a commensurate period of time. Extensions are also considered for any other reason that counsel may have been away from chambers for some time and have not undertaken advocacy. Counsel are therefore not disadvantaged when it comes to making future applications. Additional time on the panel allows counsel time to undertake further advocacy work that will strengthen their application to the A or B Panels.
Myth 8: A Panel counsel applying for re-appointment are given priority over B Panellists and others
Appointments to the panels are made for five years, after which time counsel are required to apply for the next panel up, or if they are existing A Panel counsel they are required to re-apply. When existing A Panel counsel re-apply they are not given priority, we operate a completely level playing field so all counsel (whether existing panel members or not) are all considered together.
Myth 9: I do not seem to be getting much government work, I just have to accept the position
Although appointment to any panel cannot be a guarantee that work will be available, the intention is that each advocate appointed should be given at least a minimum amount of work. The volume of work panel members receive is monitored together with their performance. If panel members want more work either because they feel they are being overlooked or because a trial has collapsed and they are unexpectedly free, then their clerks can contact the Treasury Solicitor’s Department.
The Treasury Solicitor’s Department dispels the myths surrounding appointment to the Attorney General’s Civil Panels.
The Attorney General maintains (by means of an open advertisement and application process) four panels of junior counsel to undertake civil and EU work for all government departments. She has three London panels and a regional panel. The panel system means that whether junior counsel are acting for the government in relation to an inquiry into deaths in Iraq, a judicial review against a planning decision, a claim for defective construction of a motorway, an injunction against a newspaper, or indeed any other aspect of contentious and non-contentious legal work for which counsel are needed, then the counsel selected will be members of one of the Attorney General’s Civil Panels.
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Leading legal DNA, drug, and alcohol testing provider AlphaBiolabs has made its first Giving Back charity draw of 2024 with Andrew Sibson, a Legal Officer at Leeds City Council, being chosen as its first winner
Discover Lloyd’s unique approach to financial planning and experience working with barristers
Trust Delaunay Wealth to stand by your side amid the uncertainties ahead, writes Lloyd French
Lighting fires that cast unfairness into the shadows, creating history at home and abroad, and being comfortable with who you are – the remarkable criminal and international human rights barrister Kirsty Brimelow KC
Marking International Women's Day, Will Tyler KC interviews two female silks at the helm of two huge specialist Bar associations about their lives and careers – finding a common theme both to their success and the challenges facing their respective Bars
No longer an exclusive boys’ club, but still some way to go. To mark International Women's Day, Millie Rai describes what it’s like being a young female barrister at the Commercial Chancery Bar
If we fail to nurture women’s collective talent, half the population of this country will not be properly represented – from the junior Criminal Bar right up to the senior Judiciary. We cannot let all the hard work be undone, says Tana Adkin KC on International Women's Day
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession