Only 14 years after he joined the Bar, Kester Lees has been awarded the prestigious rank of King’s Counsel – one of the youngest and swiftest appointments ever in the property field. It’s a momentous achievement, but the modest Lees is keen to share the credit, and to downplay the impact it will have on his everyday practice.
“It feels fantastic, and I am very excited about the future,” Lees says. “Though, from my perspective, it is very much a natural extension of my practice: same guy doing the same job with the same amazing solicitors for the same breadth of quality clients. I see the speed of my appointment very much as testament to the great work we have all been doing together. I anticipate, and hope, that all of that will continue as before, albeit now that I’m in silk there are already even more of the larger cases coming my way where clients want the ‘Kitemark’ of a KC.”
Lees was called to the Bar in 2010, and has spent “14 happy and successful years at Falcon Chambers”, specialising in a wide range of commercial property disputes. He considers himself “first and foremost a trial advocate”, albeit with an extensive advisory practice. He enjoys being “at the forefront of development of property law”, and is proud to have been involved in several seminal trials in fields such as dilapidations, telecoms and development covenants, including two appearances at the Supreme Court: the major implied terms decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another [2015] UKSC 72; [2016] EGLR 8 (led by Guy Fetherstonhaugh KC, also of Falcon Chambers) and the leading telecoms case of Compton Beauchamp Estates and conjoined appeals [2022] UKSC 18; [2022] EGLR 28 (led by Jonathan Seitler KC, of Wilberforce Chambers).
Never the same day twice
The qualities that initially drew him to real estate still fascinate him: “a combination of intellectually challenging work, practical problem-solving and opportunities for ‘grand marque’ court work”. Lees adds, “When I started out, it was also an advantage that, in property law, the value of the claim doesn’t dictate its level of interest or challenge. I had a fascinating claim worth £5,000 and a really boring one for £35m in my first year of practice.
“The variety remains part of the appeal: one minute I can be looking at 12th-century deeds of an old monastery to establish ownership and rights over it; the next I am working on a major infrastructure project, looking at what can or cannot be easements; and later on a leading rights to light case for a major development in the City of London.”
Asked if there have been any particular mentors or influential figures who have helped shape his career, Lees lists Fetherstonhaugh and Seitler among “too many to name”. He adds: “I have found the Bar, both within and without of chambers, to be full of camaraderie and support, for which I am very grateful.”
He offers particular praise to his pupil supervisors at Falcon (Stephanie Tozer KC, Martin Dray, Ed Peters KC and Caroline Shea KC) “who gave me the tools of my craft”, and other leaders out of chambers, including John McGhee KC. “I have learned from all of them,” Lees says. “But my career would not have had the same trajectory without the work and support of so many great solicitors over the years. When you get a top solicitor and barrister together, you can see why we have a split profession – each adding equal value. I have learned as much from them as from the Bar in truth.”
Lees is also immensely grateful for the support of his family. “Between my wife (a professor at Cambridge) and my tenacious and ever-questioning children, I am kept well-grounded,” he says.
Having been successful in pursuing the rank of KC so rapidly, he is keen to pass on advice based on his experience to other young barristers, and to help dispel some of the outdated “myths and legends” that exist around the silk appointments process.
“It surprised me how many solicitors and clients, when congratulating me on my appointment, clearly valued the rank of KC but without having any idea how it is actually awarded,” Lees says. “So I thought it would be helpful to give more of an insight. It is a gruelling and rigorous process, which I think lives up to clients’ perceptions as to the hallmark of quality that it represents.”
Passing muster: Kester Lees KC explains the King’s Counsel appointments process
How does a barrister apply to be a KC?
The process runs from April until January. It is run by an independent panel consisting of senior judges, KCs, solicitors and lay leadership experts, known as the King’s Counsel Appointments.
It is a competency-based assessment focusing on:
a) use and knowledge of the law;
b) advocacy (both written and oral);
c) working with others (aka leadership);
d) equality, diversity and inclusivity.
To be appointed a KC you need to have strong evidence of excellence in each competency.
The assessment commences with a 60-page application form, which can be daunting. The form is well structured so as to enable an applicant to put their best foot forward in addressing each competency. There is a practice overview, a separate section for each competency (with written and oral advocacy subdivided) and then a detailed note in respect of each of your selected cases.
What do you have to show in respect of those cases?
It is a key requirement for a successful application to identify 12 cases of substance and importance from the past three years. I had a healthy range, spanning the breadth of my practice. The focus is very much on the challenges of each case and how, in respect of each competency, the applicant rose to meet them.
Inevitably, a lot of cases settle, and rightly so. Strategic commercial settlements are always a major goal for my clients. One or two such cases can be used as part of the application, but overall it is vital to evidence both written and oral advocacy.
On the form an applicant has to identify for each of the 12 cases a judicial, professional (barrister) and lay (solicitor) client – so a potential total of 36. The KCA then selects four judges, three barristers and two solicitors to provide detailed feedback, both on the cases in respect of which they are nominated and on their wider experience of the applicant’s performance.
What happens next?
From that data, the KCA marks an applicant’s candidature, and there is a high attrition rate on the paper sift. Successful candidates at that stage are invited to interview around October. Unsuccessful candidates receive detailed feedback. It can be a bruising process: only about a third of applicants succeed first time, so a dose of resilience may be required.
The final stage in the process is the interview; this is a friendly but robust hour-long probe into your candidature in respect of each competency. The interview panel includes one lawyer and one non-lawyer. I found my interviewing pair very interrogative; they are there to test that there is real evidence of excellence, while giving another opportunity for a candidate to shine.
Successful candidates are notified sometime in mid-January and the announcement is made soon afterwards.
Other than the successful result, what was the best and worst part of the process?
While the application form is gruelling and time consuming, I found the process of approaching judges and colleagues the most challenging aspect. This is important, not so as to lobby (which is totally prohibited) but so that judges in particular can make contemporaneous notes, which then assist them in completing the reference requests. Thankfully, everyone was supportive and encouraging.
The best part of the process is the opportunity it affords to really give your practice a review – a sort of MOT. That isn’t something that happens very often for a barrister.
I started the process rather sceptical but, on reflection, I can’t think of a fairer or better way of assessing the quality of advocates. The KCA collates and analyses so much data; it is an impressive and robust exercise, in my opinion.
What advice would you give to aspiring applicants?
First, the Bar is a meritocracy; there is no such thing as “your turn”. I was very fortunate to have supportive heads of chambers and senior colleagues who encouraged me in my ambition and application rather than, as I fear sometimes happens, being held back. If you have the skills, the practice and the 12 cases, then go for it.
Second, don’t underestimate the process. The form requires days of work (some people spend weeks on it) and interview preparation will require a similar amount of time. See your candidature as you would a brief – it needs to be thoroughly prepared.
Third, given how alien the process is to most barristers, a good consultant can prove invaluable. I used Julian McCombe, who I know has helped many successful candidates. It very much has to remain your candidacy but, just as an advocate helps present a client’s case and offer sage advice, Julian was able to help me focus on the key criteria and marshal all of my evidence so as to present my candidacy most effectively. A lot of applicants use consultants, even if they don’t all admit it afterwards.
What is, and how was, Silks Day?
Silks Day (this year it was on 18 March) is the day when successful applicants are formally appointed as KCs. It involves a historic ceremony in Westminster Hall, during which each new KC makes a declaration to the Lord Chancellor and receives letters patent.
There is then a later ceremony in the Lady Chief Justice’s court; there is a lot of silent bowing. Officially that is when you are “called” to take your seat at the “inner bar”.
The day is perhaps a little arcane for some, but it is a lovely occasion to celebrate and mark the achievement. Though it does involve wearing breeches, tights and buckled shoes,
so it isn’t for the faint-hearted!
My favourite memory of the day was in the Lady Chief Justice’s court when, having completed my complicated bowing procedure, my seven- and five-year-olds started (silently but ostentatiously) waving from the sidelines and I felt compelled to wave back enthusiastically. Her Ladyship’s reassuring smile was a welcome reminder that, despite the pageantry, perhaps we were moving with the times a little too.
Photo © Kester Lees KC
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