Good afternoon and welcome (again) to President’s House.
The title of ‘Senior Counsel’ is an honour conferred upon an Attorney-at-Law.
The title originated in England and Wales, where Senior Counsel are called “King’s Counsel” or ‘KCs’, if the reigning monarch is male; or “Queen’s Counsel” or ‘QCs’, if the reigning monarch is female.
The honour is recognized by the Courts, who allow Senior Counsel the privilege of sitting in the front rows in the courtroom.
The honour is also recognized in the Legal Profession Act, which provides, in paragraph 29, sub-paragraph 2 of Part A of the Third Schedule to that Act, that Senior Counsel shall be entitled to accept instructions, appear or do any work without a junior, except where he would be unable properly to carry out his instructions or conduct his case if he were to do so. In simple terms, that provision recognizes that Senior Counsel are entitled to appear in Court with a Junior.
The honorific title of ‘Senior Counsel’ is also recognized by the legal profession, and there are several traditions which have grown up in the profession around Senior Counsel. One of those traditions is that persons holding the title are addressed by their professional colleagues, as “Senior”.
Senior Counsel also wear special, silk gowns of a unique design, because of which at least two things ordinarily flow. The first is that persons holding the title Senior Counsel are often colloquially called ‘Silks’. The second is that the process of conferring upon persons the honorific title of ‘Senior Counsel’, is referred to as their “taking Silk”.
This afternoon, we have witnessed the culmination of the process by which, in Trinidad and Tobago, lawyers are awarded the honorific title of Senior Counsel. That process is guided by the terms contained in the 15th February 1964 edition of the Trinidad and Tobago Gazette, known as ‘Order No. 282 of 1964’.
Under those arrangements, the process begins with the Attorney General, as the Titular Head of the Bar, inviting attorneys at law who consider themselves eligible, to apply to be awarded Silk. A list of applicants is compiled. The Attorney General then consults on that list with the Honourable Chief Justice, and such other persons as he considers necessary. Following upon, and with the benefit of such consultation, the Attorney General then makes recommendations to the Honourable Prime Minister as to the award of Silk from among the list of applicants. The Prime Minister considers the Attorney General’s recommendations and advises the President on the attorneys at law who are to be awarded Silk.
At the end of the process, the President acts in accordance with Section 80 Sub-section 1 of the Constitution, and, on an occasion like today, formally confers the honorific title of ‘Senior Counsel’ on those upon whom he or she has been advised to do so.
The role of the President in such a case, is not dissimilar from her role in formally conferring National Awards – on that occasion, too, the President acts on the advice of the Prime Minister.
In the case of National Awards, there is a National Awards Committee which oversees the procedure. Persons are nominated for National Awards, and a list of the nominees is compiled by the Committee. The Committee carries out an investigation of the nominees’ activities in their respective fields, and considers all the nominations received. The Committee then forwards a shortened list to the Prime Minister for his consideration. From that shortened list, the Prime Minister advises the President of the nominees who have been selected to receive National Awards. And, at a ceremony which takes place annually, the President formally presents recipients with National Awards.
In the case of the conferral of Silk – the Attorney General, the Chief Justice and such other persons with whom the Attorney General considers it necessary to consult, are akin to the National Awards Committee in relation to the conferral of National Awards.
The role of the President in both cases, is the same – it is to act on the advice of the Prime Minister, in accordance with Section 80 Sub-section 1 of the Constitution.
This afternoon, I offer my congratulations to all of you who have made it through the selection process that I have outlined, and who have been awarded Silk. It is a tremendous professional honour.
Because it is a tremendous professional honour, the title of ‘Senior Counsel’ carries with it tremendous responsibility. The conferral of this honour is the means by which there is created within the legal profession, from time to time, new bodies of women and men who, by virtue of their honorific title, are formally inducted into the ranks of leadership in the profession.
Like so many other professions, the sustainability and the advancement of the legal profession depend on the leadership, mentorship and apprenticeship that are offered and provided by those, whose induction into the ranks of leadership, we have witnessed today.
I therefore ask each and every one of you, today’s recipients of the award of Silk, to please continue to provide guidance and assistance to all young practitioners and those who have chosen to study the law. This is your solemn duty as leaders. I have no doubt that you understand the enormity of it and that you are all up to the responsibility.
Once again, I congratulate all of you and I invite you to mingle for a while after the formalities are completed, and enjoy this moment and celebrate this moment with your colleagues and your loved ones.
Thank you.
