Benjamin was created a "Palatine silk", entitled to the precedence of a Queen's Counsel within Lancashire, in July 1869. There was a large creation of Queen's Counsel in early 1872, but Benjamin was not included; it was stated in his "Times" obituary that he had put his name forward. Later that year, he argued the case of "Potter v Rankin" before the House of Lords and so impressed Lord Hatherley that a patent of precedence was soon made out, giving Benjamin the privileges of a Queen's Counsel. As he became prominent as a barrister, he discontinued practice before juries (at which he was less successful) in favor of trials or appeals before judges. In his last years in practice, he demanded an additional fee of 100 guineas (£105) to appear in any court besides the House of Lords and the Privy Council. In 1875, he was made a bencher of Lincoln's Inn.