King’s Counsel row escalates as leaked Bar Association letter lays bar barristers’ fury at KC scrap plans

The bitter row between South Australian legal eagles, the most senior legal officer and the state’s top judge has escalated over plans to scrap an industry royal title.

South Australian Chief Justice Chris Kourakis and Attorney-General Kyam Maher. Picture: NCA NewsWire / Brenton Edwards

The row between South Australian legal eagles, the most senior legal officer and the state’s top judge has escalated over plans to scrap an industry royal title.

Attorney-General Kyam Maher has proposed scrapping the King’s Counsel legal title, which is awarded to senior court-based barristers considered industry leaders.

Plans would allow the title Senior Counsel, which comes four years after the royal term was reinstated under the former Liberal government, has sparked outrage from leading barristers, the judiciary, Bar Association and Law Society.

Mr Maher, who tabled draft laws in state parliament last week, argues his plans will “modernise language” while Supreme Court Chief Justice Chris Kourakis has also hit back at criticisms, stating “silks” served the public not “exploit” clients.

Attorney-General of South Australia Kyam Maher has proposed scrapping the King’s Counsel legal title. Picture: Brenton Edwards

But in a new war of words, Bar Association president Marie Shaw KC, a former District Court Judge, has outlined criticisms to all Upper House Opposition and cross bench MPs.

A leaked copy of her letter criticises “a number of statements made publicly which are apt to mislead and misinform” and “fundamentally incorrect”.

“Historically, the postnominal Senior Counsel, was only introduced because of the Rann Government’s interference in the process of appointment,” she wrote.

She said current laws had “no possibility of Government interference” and in the process, “usurp” the Supreme Court’s role.

The bitter row between South Australian legal eagles, the most senior legal officer and the state’s top judge has escalated. Picture: Dylan Coker

She also said it was “fundamentally incorrect” to say barristers “who exercise the choice to request that they be appointed King’s Counsel do so for the personal exploitation of an Office bestowed in the public interest”.

“This view … is, with respect, regrettable and not accepted by SABA,” she added.

She said KCs had regard to client wishes, market dictates and intense competition with barristers’ interstate, where two of the three largest bars were “overwhelmingly” KCs.

Marie Shaw KC.

“I can assure you that those appointed King’s Counsel (many of whom including myself were appointed at a time when there was no office of Senior Counsel) and Senior Counsel take their role in the administration of Justice in South Australia and the Commonwealth, to be essential to its proper working,” she added.

Three quarters of almost 60 senior barristers in SA are KCs.

Daily rates vary but SA silks charge between $5000 and $10,000 a day, on average. Ms Shaw told MPs those figures were wrong.

While draft laws, which the Chief Justice said the Supreme Court backed but he did not request, are expected to pass parliament with Greens support.

Mr Kourakis said on Wednesday about him relinquishing his Queen’s Counsel title: “I gave up QC because I held the view that contemporary standard of the Rule of Law and the independence of the legal profession were inconsistent with any involved in the regulation of the legal profession by the Executive Government.

“The public interest was best advanced by the Supreme Court appointing and setting the standard of Senior Counsel.”

Mr Maher has said existing KC can retain the title, which changed from Queen’s Counsel after Her Majesty’s 2022 death.