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Exclusive - Ten years is a long time at the Bar

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01 March 2012 17:07

Congratulations to all 88 barristers who have been made Queen's Counsel in this year's appointment process. The cherry on the icing of a long hard career at the glamorous end of legal practice.

Particularly worthy of praise amongst the new intake is David Wolfe of high-profile Matrix Chambers. He's been in the news recently having acted for the excellent-named Clive Bone in the Bideford Council complete waste of money pre-meeting prayer case, and is to be congratulated. Well done, David.

But there's an interesting footnote to his appointment to the superhuman rank of QC. Matrix is a trendy sort of set, not the sort of place where you might imagine barristers are overly worried about joining the Sumptions and Grabiners, Robertsons and Kavanaghs on a position as arcane and fusty as QC. And anyway, isn't the whole system a bit elitist and boring anyway? Isn't it just an opportunity to add another zero to your brief fee?











David Wolfe QC looking pretty furious about having applied for and having been appointed Queen's Counsel







David Wolfe certainly thinks taking silk isn't all that. Or at least he used to. Thanks to the eagle-eyed Roffer who brought our attention to the open letter Wolfe and ten of his fellow Matrix barristers wrote to the Lord Chancellor's Department way back in 2003, calling for, errr, the abolition of the QC system. In the letter Wolfe (plus nine silks and his fellow "junior" Murray Hunt) bravely took a stand against silk, stating that they would not apply for the position and claiming "The QC system cannot be justified as being in the public interest or promoting competition."

RoF Team got in touch with the Wolfe-man to remind him of his youthful indiscretion. He said "Thanks for the opportunity to restate my personal views on the QC system. I applied this time when it was clear that lack of ‘QC’ meant I was losing work and could not service my clients fully. But I will not be putting my fees up as a result of it, and I continue vigorously to push for effective quality assurance systems for all advocates, which the QC system is not. Lack of mandatory periodic re-accreditation, and the lack of any real linkage to area of practice remain just two of the fundamental problems. So no ‘youthful indiscretion’ here - sorry to disappoint."

That all sounds fair enough. But there was a sting in the tail, too, as he continued: "Separately, perhaps we can discuss the Bideford case (which you appear to have misunderstood) on another occasion?” Ouch.

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anonymous user
29/02/2012 17:54
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I don't see that there's any inconsistency between opposing the silk system and making an application. So long as it exists, it creates an artificial division in the market for advocates and it's nigh-on-impossible to get the best quality work, because clients and solicitors will say "I need a QC for this" rather than "I need an advocate with x, y and z abilities/experience". So if you want to progress your career once you've achieved the highest level attainable as a junior, you need to apply and get it, or you are in danger of stagnating.
Laura @ RoF
29/02/2012 18:37
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That may well be. But David Wolfe didn't just oppose the silk system, he stated in an open letter that he would not apply for silk.
anonymous user
02/03/2012 14:20
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Sorry, David ... I beg your pardon, "anonymous", but that just doesn't wash. You made your public statement at a time when the system existed and when the problem you identify below (if it be a problem) already existed .

But you went further. Notwithstanding the point you make below, you said, in terms, that you would never apply.

What happened to your principled stance against the system? And isn't "integrity" one of the key competencies which must be demonstrated as part of the selection process?

anonymous user
02/03/2012 14:28
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I'll print off a copy of your statement and draw it to the court's attention next time I have a hearing against you and the court is summarily assessing your costs.

The court will no doubt be interested to learn why you are not working at junior rates...
anonymous user
02/03/2012 15:23
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Be reassured, it's not me who's posting anonymously!

If those of you who are doing that would like to come into the open, I'd be delighted to discuss the issues with you.

Anyway, as I've explained in another post on this blog, I've not changed my views on the QC system and will continue to argue against it.

All that's changed is the tactics I adopt for trying to bring about change, in the publiic interest. No embarassment at all on my part.

David Wolfe
anonymous user
04/03/2012 07:24
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Oh David, this really is a pathetic sight watching you trying to justify your actions.

I read your letter at the time it was published and I commented to my colleague: "I wonder how long before he applies; this letter will come back to bite him".

The argument that you cannot service your clients without being in silk is nonsense. The fact is that you did not just oppose the system, you said that you would not apply.

All of the arguments which applied then, apply now. Nothing has changed ... apart from your "principles"!

anonymous user
07/03/2012 08:13
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As has been pointed out elsewhere, there is a degree of hypocrisy and indeed childishness in this article. This website is 50% owned by an equity partner in a city law firm and makes a fat income from city advertising. These are people who would not get out of bed for the sort of fees that QCs are able to charge at legal aid rates, let alone what juniors can charge. David Wolfe has made it very clear to those in the habit of instructing him (including me) that he will continue to charge at junior rates. If his appointment means his continued involvement in the heavy-duty cases which make a real difference to the law and to the lives of the most vulnerable people, I for one welcome it.
Laura @ RoF
07/03/2012 17:57
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Dear anonymous 08:13 - The blog (and the subsequent article on the home page) isn't about earnings at all. It's about the fact that David Wolfe objected to the silk system so much that he wrote and published an open letter vowing never to take silk.

He has given an eloquent and fair explanation of why he decided to go back on his previous position (whilst remaining critical of the system), and he's told us that he's really enjoyed the opportunity to express his views.