Agong’s Counsel
In most legal jurisdictions, a broad distinction is drawn between lawyers based on the work they do. Generally, a court-going lawyer deals with dispute resolution; they are known as litigators. A non-court-going lawyer deals with either supporting litigators or relationship-building solutions; they are called solicitors. My essay today is about litigators and considers the question: Should we, Malaysia, recognize senior litigators of accomplishment and experience and distinguish them from the common litigator? In England, they have the Queen’s Counsel or King’s Counsel, depending on whether it is the reign of the Queen or King. Since it is currently the Queen’s reign in England, the office, which is conferred by the Crown and recognised by the English courts, is now Queen’s Counsel, or QC, for short. To be appointed a QC is to be appointed as ‘Her Majesty’s Counsel learned in the law.’ QC is also an honorific. Barristers of impressive accomplishments and abilities of 15 years experience or more are usually prime candidates. QCs are chosen on the basis of merit i.e. ability and accomplishment, not seniority or through attendance of court social events. That’s my description of them. Here’s another description by Russell Winnock, an English barrister: Right, now seems a good time to say a little bit more about Silks: who and what are Silks? And why, for that matter, are they called Silks? Silks, or Queen’s Counsel, to give them their proper title, are the most senior barristers. They tend to have no fear of any judge, jury, witness or piece of law. They get away with all kinds of little tricks and devices that we more lowly juniors wouldn’t dream of doing, and they ultimately have the final say on any big decision in any big case because the chances are that their experience and judgement will be better than yours. They are called Silks because their gowns are made of silk, simple as that. Whereas mine is made of cotton, well polyester-cotton mix, if I’m going to be honest, and I think you can get them in viscose now as well. Confessions of a Barrister, HarperCollins, page 189, Chapter titled “Silk” A QC’s dress and accessory is distinguished from the common barrister in two significant but subtle ways. Firstly, and as mentioned by Russell, QCs wear silk robes, not the cotton/wool or linen/cotton mix worn by the common riff-raff, like myself, or worse, polyester, for durability and affordability. And if a litigator is ever in need of one (it happens), please borrow. Do not try to pass off thin black garbage bags, I don’t care how many microns thick they are, as robes. No one will be fooled. A robe with too much rustle is inappropriate for one who does not hustle. Secondly, English barristers are known to carry a barrister’s bag. It is blue for those who cannot wear silk. Although any barrister or legal practitioner of no note can purchase a blue bag at a legal outfitters shop, they will not sell you a red bag unless you are a QC. The only way to acquire a red barrister’s bag is to achieve the rank of QC yourself or be given one by a QC, as happened with Russell Winnock. “Charlie Parkman QC” who led him a murder trial, bestowed him one in the last chapter of his enjoyable biography, Confessions of a Barrister (2015, HarperCollins). What exactly is a barrister’s bag? It is a bag barristers use to keep, primarily, their wig in its wig case, their neatly folded gown (or robe, as we call them in Malaysia), their wing collar and collar studs together with its accompanying case, and their bands in a bridle leather bands case. A barrister can also put in other things that would help with his work such as books, journals, stationary cases, and a whiskey flask for sirap bandung (this is a suggestion for Malaysian Muslim lawyers; traditionally, whiskey flasks are filled with whiskey). You can purchase one from Staley Ley, Legal Outfitters. I have a blue barrister bag. My father bought it for me when we visited England after I was called to the Bar. He bought it for me at Ede and Ravenscroft’s with my initials stitched in, which is customary to have. In it, I keep my court and syariah court robes together with my wing collar and collar studs in its case and songkok, which I keep in the boot of my car. I used to bring it around when I first had it but I got tired of explaining why I was using a blue cloth bag instead of a suitcase like everyone else. Plus, carrying a suitcase keeps my things orderly, I can drag it around unlike a bag I am constantly rummaging around in. Also, if I did not wear my suit and carried my barrister bag around you may mistake me for someone who just robbed someone’s house without giving much thought to how I would carry out the fruits of my theft. Aside from their dress, to be a QC is to enjoy the reputation of being the best in your respective area of law. The appointment of a QC is a tacit agreement between the bench and bar that these appointed chaps are very, very good at what they do and should be given honorifics to distinguish themselves from the common. Another indicator of a QC is their very expensive fees, a client can, at a glance, distinguish a barrister’s invoice from a QC’s one. In sum, there is great prestige and premium attached to being a QC. Several Commonwealth countries continue to follow the QC tradition such as Australia, New Zealand and Canada. Others such as Hong Kong, Ireland, South Africa, and Singapore retain the tradition but renamed the honorific as Senior Counsel (SC). Malaysia never had such a tradition. Although QCs have visited Malaysia since Merdeka to conduct cases every now and again, that distinction never took root here. There is no honorific
