At Emery Jamieson LLP we have barristers and solicitors with a diverse set of expertise to assist you. Please contact us to learn more. What's the difference between a barrister and a solicitor?
Posted: June 26, Barristers and solicitors are both lawyers, but they differ in the types of law they practice. Applicants must also undergo 18 — 24 months of supervised practice before obtaining a practicing certificate.
A solicitor is a lawyer who gives legal advice to clients in one or more fields of law. They are the first port of call when a person or a company needs legal advice on an issue, or legal services such as contract-making, intellectual property rights, business sales, and purchasing assistance.
They handle the legal affairs of their clients regularly. Lawyers typically do the following tasks quantifying the difference between lawyers and solicitors in Australia:. It ensures that there is no distinction between barristers and lawyers. Both of them belong to the same technical society. In a law firm, barristers will work as solicitors and vice versa.
Additionally, lawyers may also testify in court. However, there is no pecking order as such when it comes to solicitors and barristers, one is not better, more senior or more important than the other!
Solicitors will usually have a good knowledge of the different barristers chambers and the specialisms of the barristers working within them. This means they are in an ideal position to match up clients with the most appropriate barrister for their case. They are less likely to be involved with a case until it is apparent that it will end up in a court hearing — many cases settle before this stage and so there is never any need to get a barrister involved. Barristers can also advise clients on the strength of their case, assist with drafting documentation prior to any court hearing and help with negotiations but, generally this is something which will be handled by primarily a solicitor.
Solicitors will often attend court with their barrister but, only to take notes and help with the documentation. However, some solicitors do now have rights of audience in the higher courts although this is still very much the exception. In the lower courts such as the employment tribunal you are just as likely to see a solicitor as a barrister standing up to address the tribunal. However, when it comes to full hearings and complex cases, it is often more cost effective to hand the advocacy work over to a barrister.
Finally, in recent years it has become possible for members of the public to instruct barristers directly without first going through a solicitor. However, the ability to do this is still quite limited to certain types of cases and requires the individual to effectively act as their own solicitor.
A solicitor will also have an in-depth portfolio of barristers that, if required, will have the expertise to run your case in court.
It is important to note that if you wish to retain a barrister for your case, you will first need to retain a solicitor. A barrister is a lawyer who is specifically trained in advocacy, i. Generally, a barrister must be retained through a solicitor. Further to this, once a barrister is retained, although they may meet with you prior to you appearing in court, they will not communicate with you directly. However, your solicitor will be in direct contact with your barrister and they will provide you with all relevant information.
Barristers are typically retained by a solicitor to provide legal representation in highly complex legal matters, and may also provide written advice on specific areas of law. An example of this may be when you are undecided if you should plead guilty or not guilty. A barrister may be retained by a solicitor to provide written advice as to whether or not the barrister believes you have a strong case.
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