Mastering the Art of Silk: Unveil the Secrets with This Unauthorized Guide!

Steps to Becoming a KC, Insights from Future KC Ruth Hughes

Noticed someone from the 2015 intake is on their way to becoming a KC? Thinking about diving into the process yourself, either immediately or in the future? The 2025 application window is now open, with a deadline of 25 April 2025 at 5pm.

Here’s something that might aid you: the unofficial guide to achieving silk status.

Note: This guide is from a chancery point of view. If you need insights from a criminal law angle, perhaps ask someone to draft that while they’re waiting for a jury decision.

What’s the First Step?

Check if Ede & Ravenscroft have any Harry Potter time-turners for sale. Ideally, you should have started considering your pursuit of silk status much earlier in your career—let’s say about five years earlier. More on why later.

What Comes Next?

Thoroughly examine the application form and its extensive instructions. Remember the old adage, “read the question!” This principle remains timeless. Gone are the days when someone like Lord Neuberger (reportedly) became a silk unknowingly through his senior clerk’s efforts. The application is comprehensive and detailed, necessitating at least two weeks of dedicated work, possibly more.

The application focuses on five key competencies:

  • A) Legal Understanding and Application
  • B) Advocacy (both written and oral)
  • C) Leadership and Collaboration
  • D) Action and Understanding of Diversity (still a valued attribute in legal circles)
  • E) Integrity (or, realistically, the apparent lack thereof)

The goal is excellence in advocacy, as the silk designation is a mark of superior advocacy skills.

Significant Cases

Thinking about silk early in your career is beneficial because you’ll need to present 12 significant cases from the past three years as foundational evidence for your application. You should aim to show that you’re already operating at the level of a silk, even before acquiring the title.

According to the King’s Counsel Appointments (KCA), your cases should not be ordinary but should carry significant outcomes, set precedents, or involve novel or complex issues that posed a professional challenge.

Having a solid base of qualifying cases is what makes the application a long-term planning endeavor.

While some may achieve silk with fewer cases, like those involved in major litigation like the Lehman Brothers case, don’t be too deterred by the numbers. However, you need to ensure you have a strong portfolio of recent, impactful cases that you are proud of and that can impress the judges, who are key assessors in your application.

If you’re considering applying within the next three years, start by creating a spreadsheet that matches the competency framework. This can help you systematically record and recall your contributions to each case, which will be crucial for recalling details when filling out your application or during interviews.

Also, keep a file of your written submissions and notes from cross-examinations and closing arguments. Label it discreetly if necessary.

This approach is also useful for new cases that might not be on your application yet but could be useful if you’re invited to an interview, demonstrating that you are already performing at a silk level.

Consider Hiring an Application Consultant

Consultants can guide you through the application process for a fee. Given that you’re likely already performing at a high level, their expertise can be invaluable. For instance, they can help you prepare a detailed spreadsheet like the one suggested above.

While opinions on the necessity of a consultant may vary—with KCA suggesting they’re not essential—many successful applicants and newly appointed silks strongly recommend their services.

The best time to engage a consultant is about three months before the application deadline.

Be aware, consultants can be pricey, and using multiple consultants might lead to conflicting advice, which can be more confusing than helpful. Initially skeptical, I eventually realized the potential benefits of hiring a consultant:

  1. Experience: They are seasoned in guiding potential KCs.
  2. Time: The application process is lengthy and complex.
  3. Regret: Missing out on silk because you didn’t get a consultant could be a regrettable decision.
  4. Understanding the STAR system: Consultants are well-versed in this methodology, which might be unfamiliar unless you have a background in recruitment.
  5. Mock interviews: An essential part of your preparation.

Fortunately, the cost of a consultant is tax-deductible, as it is entirely related to professional advancement.

Decoding the STAR Model

The KCA uses an evidence-based model for appointments. You need to provide proof of your excellence across the competencies listed earlier.

If your previous roles were non-legal or not directly related to advocacy, understanding this model might seem daunting.

The application form includes sections for each competency, which you should fill with multiple, robust examples from your significant cases. Although it might be tempting to spend more words on describing the situation and task due to their complexity, it’s crucial to focus on your actions and the results.

STAR stands for Situation, Task, Action, Result.

In each case example:

  • Situation: Describe the context, such as a major tax evasion case involving billions.
  • Task: Detail what you were required to do, for instance, cross-examining an expert on short notice.
  • Action: Explain how you approached and executed your task, highlighting your strategic thinking and problem-solving skills.
  • Result: Share the outcome, focusing on your direct impact on the case.

While the STAR headings aren’t explicitly used in the application, they should guide your responses. Emphasize your personal contributions and achievements, not those of your team. This is not the time for humility; your aim is to impress. Keep the results concise and impactful.

The STAR format is also applicable in interviews, so prepare to structure your responses accordingly.

What to Do Next?

Your application will be assessed by both judges and practicing lawyers, so it’s essential to align them with your practice.

Review your significant cases from the past three years against the competency matrix and start contacting potential assessors early. It might be helpful to refresh their memory of your advocacy in your interactions.

Given the frequency and significance of your cases, you may have a choice of cases and referees. The ideal scenario is to have a judge who has frequently witnessed your advocacy and a practicing lawyer who has opposed you in court as assessors. While this can be a challenging process, akin to the nerves of following up after a first date, the support and encouragement from judicial assessors can be very motivating.

If you anticipate needing a silk reference soon, consider informing the judge at the end of a significant case, which might prompt them to note your performance while it’s still fresh.

Identify Areas for Improvement

Work on enhancing the weaker aspects of your practice to strengthen your application. Here’s how:

A) Legal Application and Written Advocacy: Reflect on and refine your written advocacy. Learning from experienced colleagues and clearly stating why your side should win can significantly enhance your submissions.

B) Oral Advocacy: Increase your court appearances. This may involve discussing with your clerks or taking on different types of work, such as government cases which might pay less but offer high-quality experience and are seen as a mark of excellent advocacy.

C) Collaborative Working: Demonstrate your leadership by working effectively with juniors. Whether it’s through assigning them significant tasks or supporting their professional development, show that you can lead and nurture talent within your team.

D) Equality and Diversity: This may require a long-term commitment to initiatives both within and outside of your immediate legal practice. Your involvement in such initiatives, whether in professional settings or personal capacities like volunteering, will count.

E) Integrity: This is fundamental. If you’re struggling with integrity, it may be difficult to succeed in your application.

Seize Opportunities

Building a practice worthy of a KC takes not only hard work and dedication but also a bit of luck. Seize every opportunity that comes your way, even if it means stepping outside your comfort zone or managing a tight schedule.

Mentorship is invaluable. I’ve benefited tremendously from the guidance of both colleagues in my chambers and established silks outside it.

Formal mentoring programs through your bar association can also be beneficial, but often the most effective relationships develop organically through shared professional experiences.

Also, Take Care of Yourself

While pursuing your career goals, don’t forget to maintain a balanced life. Your family, health, and personal interests are crucial and can actually enhance your professional performance. Ensure you manage stress effectively and maintain a healthy lifestyle.

Develop healthy coping strategies and ensure you have support systems in place, whether through therapy or other means.

Remember, professional demands should not overwhelm your personal capacity. It’s important to manage your workload so that you remain efficient and effective without sacrificing your well-being.

Preparing for the Interview

Begin preparing for your interview well in advance—ideally by the poolside, crafting precise responses using the STAR format for any conceivable question. This preparation is akin to gearing up for a major court appearance.

Treat interview preparation with the seriousness of a substantial legal proceeding.

Consider setting aside time around the interview date to focus fully, without distractions from ongoing trials or other professional obligations. Conduct mock interviews to refine your delivery and get feedback.

Research the interview panel thoroughly to understand their backgrounds and interests, which can help you tailor your responses and establish a more personal connection during the interview.

A Toast to Success

Whether you prefer a stiff drink or a soft beverage to celebrate or wind down after your interview, choose a setting that suits your style. Remember, if you’re planning to apply this year or in the future, every step you take is a step towards your goal. Best of luck!

Ruth Hughes will officially become a KC on 24 March 2025. She practices at 5 Stone Buildings, specializing in trusts, estates, mental capacity, tax, and fraud. Ruth has represented notable clients and participated in significant legal battles, often bringing a creative and rigorous approach to her cases. For inquiries, she can be reached at clerks@5sblaw.com.

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