Barristers and Solicitors – What’s the Difference?
What’s the difference between a barrister and solicitor? It’s not the start of a joke, but it is a question that we are often asked. People sometimes get mixed up between these two different types of law professional. If you find yourself needing legal advice, it’s a good idea to know which one to go to, as there are several significant differences between them.
Here is our guide to barristers and solicitors.
Barristers
At the most basic level, a barrister is the type of lawyer that represents their clients in the courtroom. They are the people in the gowns and wigs that you know from TV and film (although they don’t where gowns or wigs in all of the Courts or Tribunals).
There are two main parts of a barrister’s job:
Representing clients in court – A barrister will receive information, principally from the client’s solicitor and turn it into an argument that they think will persuade the court to rule in their client’s favour. A barrister will also perform cross-examinations of witnesses and other courtroom duties.
Barristers will also be called upon to provide advice on certain matters (often considered to be a second opinion) on important points of law and to draft the claim (or defence) that is ultimately filed at Court.
Barristers will usually charge a fixed fee for their services. This fee can vary greatly relating to the barrister’s experience.
The barrister is normally instructed by the solicitor, although some barristers are now able to accept ‘direct access’ instructions from clients directly.
Most barristers are self-employed, rather than working for a law firm. They will normally share offices, known as ‘Chambers’, with other barristers.
Solicitors
If barristers work on behalf of their clients, solicitors work directly with their clients. Solicitors are there to advise and support their clients from the start of their case to the finish. A solicitor will generally not represent their client in court, but they will work closely with the barrister to ensure they have all the right information.
Here are three responsibilities for a solicitor:
Negotiating for their client – A solicitor will communicate with the other party to look for a settlement before the case reaches court. They will also coordinate third parties that may need to help with the case, such as a forensic accountant.
Advice – the solicitor will provide advice to the client in the first instance and throughout the case.
Preparing for court – A solicitor will instruct the barrister on the details of the client’s case, as well as prepare all the paperwork and information.
The way solicitors charge for their services can vary. Some will charge an hourly rate based on experience and expertise. However, others may charge a flat fees or they can offer their services on a Conditional Fee Arrangement (‘no win- no fee’) or as a Damages Based Agreement (fees as a percentage of damages awarded to the client).
A solicitor will generally be employed by a law firm. They will work from an office, not the courtroom. They will be more accessible to the public, compared to a barrister. Finally, a solicitor wears smart business attire, rarely a wig!
While barristers and solicitors will have started their journey in law in the same way, achieving a degree or conversion in law, the two diverge after that. A solicitor will spend a year taking the Legal Practice Course, followed by two years in training. A barrister will study Bar Professional Training for a year. Then, they will spend a year shadowing more senior barristers until they can join Chambers.
Some barristers and solicitors will switch professions. Indeed, our own Daniel Couchman, who now practises as a solicitor, was called to the Bar, as a barrister, in 2003.
Visit a solicitor for legal advice
If you find yourself in a situation where you need legal advice, you need to see a solicitor. They will be able to advise you on your next steps. If you decide you need legal representation, they will be able to help you. You may find you need a barrister at a certain point in your case, but it is your solicitor that takes care of that for you.
We have strong links with a number of excellent Barristers’ Chambers and can recommend suitable options for you, should the need arise.
At Couchman Hanson, our solicitors genuinely care about getting the best deal for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits our values of integrity, honesty and authenticity.
If you would like to find out more, call Couchman Hanson on 01428 722189.