By Richard Bhainie

THE topic of Senior Counsel, or Silk, as it is commonly referred to, has recently been at the centre of attention in light of the appointments conferred by President Irfaan Ali and the legal battle in relation to the matter.

However, with the title being discussed widely, little information has been disseminated to elucidate on its significance and the criteria required for the attainment and elevation to the rank within the legal fraternity.

The Chief Justice (ag) Roxane George, S.C. at the historic Special Sitting of the Full Court in Berbice, to admit Attorney-at-law Mursaline Bacchus, S.C. to the Inner Bar of Court, expounded on the historical origination of the title, along with the honours associated with it.

She explained that the honour of Silk is conferred upon eminent attorneys-at-law, for their distinguished contributions to the law. It was originally conferred by the Crown, where the name King’s/Queen’s Counsel (K.C. or Q.C.) originated from, which later became Senior Counsel (S.C.) in republics such as Guyana.

“Senior Counsel were originally appointed to the Monarch to be the Monarch’s Counsel– one who is learned in the law– but the term is also recognised as being honorific,” the Chief Justice explained.

She added: “the status of senior counsel is recognised by the courts and they have the privilege of sitting within the bar of the court; this is to say they are considered to be members of the Inner Bar with other counsel being designated as members of the outer bar.”

The Chief Justice explained that the term ‘Silk’ is derived from the Silk gowns of a special design, similar to a Judge’s in Guyana’s Civil gown, worn by individuals when they are elevated to the status of Senior Counsel, a ceremony informally known as ‘taking silk’.

PRIVILEGES

She further explained that apart from the honour of distinction accorded with the title, Senior Counsel are accorded certain privileges, such as being given precedence in having their matters called and dealt with in the Courts.

The Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., who presented Bacchus’s petition to the Full Court, explained that one of the criteria utilised in the measurement of eligibility for Silk is the number of reported cases in the law reports.

The main Law Reports resorted to for guidance in the local jurisdiction is the West Indian Law Reports (WIR) and Law Reports of the Commonwealth (LRC).

The LRC contains reported cases from 54 Commonwealth countries, while the WIR contains reported cases from most of the English Speaking Caribbean countries. For a case to be reported in these law reports, it must be of prominence, with a fundamental legal principle being argued upon.

“I did some brief and very cursory examination of the West Indian Law Reports as I consider it is a barometer to measure the accomplishment of Counsel, looking at how many cases they have appeared in which have found themselves in the law reports. In this case, I used the West Indian Reports,” Nandlall explained.

In pronouncing on Bacchus’s eligibility for admittance to the Inner Bar, the Attorney-General explained that Bacchus has a number of reported cases published in the WIR, with most of them dealing in the Criminal Law; however, having discussed significant issues and these cases have served as a guide to law students, lawyers and the bench.

Nandlall, himself, who was admitted to the Bar in 1998 and was recently appointment Senior Counsel by President Irfaan Ali, to date has 16 reported cases in the WIR and LRC, being the youngest Silk with the most reported cases.

Mr. Timothy Jonas, S.C. who was admitted to the Bar in 1996 and also recently appointed Senior Counsel by President Ali after being overlooked by former President, David Granger, to date has eight reported cases in the WIR and LRC.

After a 20-year hiatus, the honour of Senior Counsel was once again conferred upon Attorneys-at-law by former President, David Granger, in 2016. During his tenure he appointed 23 individuals as Senior Counsel.

There will be a special sitting of the Full Court in Demerara on December 29, 2020 for the admittance of Attorneys-at-law appointed Senior Counsel in Demerara that are yet to be admitted to the Inner Bar.