The 2025 competition for the appointment of King’s Counsel marks 20 years since its inception in 2005. This will be my eighth year on this panel, my fourth as Chair.

In this series of articles, ‘KC appointments – our approach to the selection process’, my panel colleagues and I will address each of the competencies to offer greater clarity to applicants and assessors. It is worth noting some important points which provides the context to our work as a whole. The KC award is for consistent excellence in advocacy in the law of England and Wales. The competency framework was created by the professional bodies, successive Lord Chancellors and senior judges; its primary objective is to serve the public interest. The diverse panel of legal and lay members is entrusted with applying the framework rigorously and consistently; we rely heavily on evidence-based assessments from assessors. There are no quotas for appointment. In summary, as one of our founding documents states, the process combined with the competency framework, ‘serves the public interest by offering a fair and transparent means of identifying excellence in advocacy in the higher courts’. 

Competency D is an essential component of the competency framework. Following a period of reflection and discussion with the professional bodies, we expanded the title to ‘Diversity Action & Understanding’ to offer greater clarity on what is required under this competency.

The panel are concerned with two aspects of this competency. The first is evidence of an applicant’s understanding of diversity; the second and arguably more important aspect is evidence of the applicant’s commitment to the principle and practice of diversity through personal action.

There are many ways to demonstrate an understanding of diversity. These include being aware of the main diversity issues facing the profession; cultural, societal and other issues faced by practitioners and clients; understanding the needs of people from all backgrounds and how it might impact their ability to seek/receive legal redress.

However, simply being aware of these issues is not enough. The panel are looking for evidence that the applicant has an in-depth understanding of equality, diversity and inclusion issues and is also able to offer evidence that they are committed to the principle and practice of diversity through personal action. To that extent, the panel has expanded the applicable context so that applicants can offer evidence of making a positive, tangible difference not simply from their professional lives but from any aspect of their life more generally.

Clearly then, it is not enough to be able to recite statistics and reports. Equally, merely being a member of a committee in chambers or firms, with little evidence of what difference the applicant has personally made to the work of that committee, is unlikely to meet the threshold of excellence. This competency is also not about the personal characteristics of an applicant or promoting the appointment of any underrepresented groups. While lived experience is a powerful factor in an applicant’s understanding of diversity issues, it is not in itself sufficient evidence to satisfy the standard required under Competency D. Evidence of impactful personal action to widen access and participation is an essential measure of this competency.

The panel recognises that not all assessors are able to offer sufficient or detailed evidence under this competency. Those who know the applicant well – leaders, clients, peers – often do offer rich and varied examples of the actions of an applicant. Some, like judges who may have seen the applicant for shorter periods, may not have much useful evidence to give. That is not held against the applicant when the panel is making a decision about whether the applicant meets the threshold for interview.

The interview and the self-assessment in the application are the key forums to demonstrate Competency D. When applicants are considering how to demonstrate Diversity Action & Understanding, it is worth thinking about which experiences have shaped your understanding of diversity, has this understanding changed over time (and if so, how), what are the proactive steps that you have taken to widen access and participation, has your awareness of diversity issues prompted you to act in a way that you would otherwise not have done.

As a panel, we have heard many wonderful and inspiring examples from successful applicants of their proactive work to promote diversity and equality of opportunity. These have ranged from volunteering for charities in all walks of life – from mental health support to youth clubs, offering pro-bono advice and hours within the profession but also to charitable organisations, mentoring, coaching and establishing support networks, sharing work opportunities, confronting discrimination and prejudice, calling out unacceptable speech/behaviour, establishing new ways of working which makes a material difference to the work place, or to a vulnerable group or community. These examples are frequently accompanied by compelling, thoughtful narratives of what impact their actions have had and what the ongoing challenges might be in order to deliver lasting change.

It was the intent of the professional bodies who set up this framework that everyone should be able to demonstrate a high standard of understanding and commitment to diversity if they wish to achieve this highest award of excellence. The work of the panel is firmly rooted in this principle, while being flexible in our approach.

Our guidance to applicants and assessors is set out in full each year on the KCA website: kcappointments.org. The KCA secretariat are always happy to assist prospective applicants or assessors on any aspect of the silk process. Please do reach out and email: enquiries@kcappointments.org