Lawyers: Solicitor vs. Barrister
By Joanne Hue, published: 2023-09-12
Many find themselves at the crossroads of legal queries or dilemmas at some stage in life.
Whether it’s navigating the intricacies of employment contracts, including stipulations like ‘garden leave,’ or grappling with more complex legal disputes, legal advice becomes not just a luxury but a necessity.
The question then isn’t if you’ll need a legal professional but when and, more importantly, what kind of legal expertise suits your situation best.
Is it a solicitor you need, or would your case be best represented by a barrister? This article aims to demystify the roles and responsibilities of these two prominent legal professionals in the United Kingdom.
By understanding their unique functions and specialities, you’ll be better equipped to seek legal advice for your needs.
Solicitor vs. Barrister: The basics
What is a Barrister?
A Barrister is a qualified legal professional specialising in specific areas of law. They offer expert advice and are generally instructed to represent clients in court or tribunals.
Some barristers maintain a general practice, covering multiple areas of law, while others specialise in one particular legal domain.
What is a Solicitor?
A Solicitor is a qualified legal practitioner responsible for preparing legal documents for clients during court cases. They offer specialist legal advice in various legal areas and are often the first point of contact for individuals seeking legal counsel.
Solicitors are employed in diverse settings, including commercial law firms, the government, and private enterprises.
What does a Solicitor do?
Solicitors work directly with clients, providing bespoke legal advice, drafting legal documents, and sometimes representing them in court.
They handle various cases, from commercial disputes to family law and criminal defence. Some solicitors also obtain ‘rights of audience,’ which enables them to represent clients in higher courts.
What does a Barrister do?
In England and Wales, solicitors typically instruct barristers to represent clients in court. They excel in preparing legal arguments and are adept at courtroom advocacy, presenting cases, and examining witnesses.
Most barristers are self-employed, although some work in-house for organisations.
Barrister vs. Lawyer: Unpacking the Terminology
In the UK, the term ‘lawyer’ is a broad, overarching term used to describe any legal professional qualified to offer legal advice or represent individuals in legal matters.
Both solicitors and barristers fall under this category. However, a barrister is a specific type of lawyer with unique responsibilities, primarily involving courtroom advocacy and specialised legal advice.
Lawyer vs. Solicitor: Is there a difference?
The terms ‘lawyer’ and ‘solicitor’ are often used interchangeably but are not synonymous within the framework of the UK legal system.
A solicitor is a specific type of lawyer with a more diverse and comprehensive set of roles. If you’re seeking general legal advice, a solicitor is typically the right ‘lawyer’ for your needs.
In contrast, if you have a complex case requiring specialised representation in higher courts, you should ask a solicitor to instruct a barrister.
Solicitors often work for larger organisations and enjoy the benefits of regular employment, including a stable income and employment-related benefits.
Conversely, barristers are generally self-employed and may experience a more unpredictable income, especially early in their careers. Some barristers are employed in-house, enjoying regular salaries and employment benefits like solicitors.
Access to the public
Solicitors are usually the first port of call for the general public needing legal advice. Solicitors often instruct barristers and may only generally be approached directly by the public if they are part of the Public Access Scheme.
Traditionally, barristers wore long black robes and wigs in court. Although some still adhere to this dress code, it is increasingly becoming optional.
On the other hand, Solicitors do not have a specific dress code and are usually expected to dress smartly.
Work experience opportunities
For those considering a legal career, the type of work experience you’ll seek will differ depending on whether you aim to become a solicitor or a barrister.
Aspiring solicitors might consider vacation schemes in law firms while aspiring barristers might opt for mini-pupillages.
Summary: Lawyer vs. Solicitor vs. Barrister
Understanding the nuanced differences between solicitors, barristers, and other types of lawyers is crucial, whether you’re a client needing legal advice or a student considering a career in law.
While ‘lawyer’ is a general term encompassing all legal professionals, ‘solicitor’ and ‘barrister’ specify particular roles within that broad category, each with unique responsibilities and expertise.
Knowing who does what can guide you towards making more informed decisions about your legal needs.