The five solicitors to take Queen’s Counsel in the latest round of appointments had one thing in common: they were all arbitration specialists. While the number of solicitors taking silk remains low, the latest round, announced in January, saw the highest percentage of applicants from law firms, with 4% of the 223 applications coming from solicitors and a record percentage of successful solicitors taking silk, with 5.4% of the 93 new QCs coming from law firms.
Clifford Chance (CC)’s Audley Sheppard, Hogan Lovells’ Simon Nesbitt, Boies, Schiller & Flexner’s Wendy Miles, King & Spalding’s Thomas Sprange and Freshfields Bruckhaus Deringer’s Paris-based Peter Turner all made the cut.
The quality badge for advocacy now being bestowed on the City’s arbitration specialists provides a boost for London as an arbitration hub. ‘Commonwealth clients are impressed by it,’ said Sprange, while noting: ‘American clients can take it or leave it.’
However, there is a new dynamic playing out between law firms and chambers as the amount of London-based arbitration increases and Queen’s Counsel is an important part of the law firms’ armoury. The rank is helping law firms to keep high-stakes advocacy work on site as chambers increasingly poach top arbitration talent to capture cases. Indeed, Nesbitt is set to depart Hogan Lovells for the Bar and 2013 saw arbitration partners at White & Case, Berwin Leighton Paisner and Olswang exit to join top City sets.
‘We often say to clients: “You don’t need to go to the Bar.”’
Audley Sheppard, CC
Sheppard, co-global head of international arbitration at CC, told Legal Business: ‘We often say to clients: “We should do the advocacy and you don’t need to go to the Bar,” and point to our extensive advocacy experience. But for those clients that prefer to use a barrister, this is additional reassurance. It is recognised internationally as a kitemark for advocacy. Those awarded silk have been judged by arbitrators before whom they have appeared, and through this process, as being very good advocates.’
Sprange added: ‘It’s a very different accolade for a solicitor than a barrister as it immediately changes their practice as they become case leaders. For us, a lot of people who apply from the solicitor ranks are already leaders. It’s more about equality of arms in terms of how you’re regarded by your peers.’
The rise of the arbitration QC creates a new dynamic that will assist London-based specialists. With overseas peers also competing with the Bar, many won’t be eligible to apply for the honour of being a QC.
tom.moore@legalease.co.uk