Solicitors have criticised the system of appointing the legal profession's top lawyers to the elite rank of Queen's Counsel as being biased in favour of barristers and court advocacy.

A survey carried out by the Law Society and seen by The Times indicates that the reformed system, introduced more than three years ago, is failing to appoint a wider and more diverse group of lawyers to the profession's top rank.

The award of Queen's Counsel is given to those at the top of the profession as a hallmark of distinction and achievement. It is a passport to higher earnings and a stepping stone to judicial appointment.

The Law Society will shortly consider a report on the system commissioned from Sir Duncan Nichol, chairman of the QC selection panel, and conducted jointly by the society and the Bar. The results of the society's own survey will inform what action it should take, which at the most extreme end could include pulling out of the system altogether.

The previous system, run by the then Lord Chancellor's Department, came under attack as being too reliant on the views of judges who saw barristers in court — disadvantaging solicitors in particular, who mostly do not undertake court advocacy.

However, the new system — now run by the profession itself and not departmental officials — is still biased, according to the online survey by the Law Society. Last year the number of women and ethnic minority lawyers making the rank of Queen's Counsel slumped. Of 51 women who applied, only 20 were successful, a success rate of 39 per cent. Most of the 170 respondents were also concerned about the burden and cost of the system, and some favoured the Law Society pulling out.

The new process for awarding Queen's Counsel was agreed between the Bar and the Law Society and approved by the Lord Chancellor in 2004. It came into being in 2005. With the system now entirely self-financing, lawyers have been deterred by the huge costs (a fee of £2,500) in applying - coupled with further costs of some £3,000 if they succeed.

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