The Difference Between Barristers and Solicitors

By Walter Smetak

There are two types of lawyers in England and Wales - Solicitors and barristers. Although there is now reasonable overlap between the two parts of this profession, barristers and solicitors take different roles, and individually have developed specific skills.

Usually, solicitors are the first to be contacted by the client. They will take instructions from the client, prepare the case, and give preliminary advice. The majority of cases are dealt with by solicitors only, unless they find it necessary to instruct a barrister to assist by giving further advice on some aspects of a case or some detail of specific law. If the case goes to trial, this is when the barrister's job really starts, for he will be representing the client through the court process.

The name "barrister" derives from the process of induction into the profession, known as "being called to Bar", which is a ceremony at one of the Inns of Court. In Scotland, barristers are known as "advocates" and, although the differences between the two types are very small, solicitors can represent their clients in lower courts. Barristers are generally self-employed, although they usually work in "Chambers", which are groups of barristers with similar specialisms in a set of offices". Barristers are known by their distinctive court attire: horsehair wig, an open black gown, dark suit, with strips of white cotton called 'bands' or 'tabs' worn over a winged collar. Television shows, soap operas, films and cartoons always loved it, although most County Court hearings are now conducted without robes in real life.

Barristers spend most of their time in one of the County Courts, while researching and working on their cases, although they are not limited to one area, and often travel to all four corners of the country. The working day in court usually runs from at9.30 to 4.30pm, but there is always work to be done before and after the Court is closed for the public. They still have to prepare the cases for the following day. The focus of legal cases often change rapidly running up to a trial, and part of the barrister's skill is to quick think of ideas and solutions.

As the rules are changing, and as the distinction between the two types of lawyers gets blurred, the solicitors now can even attend high courts, when they get Higher Rights of Audience by passing the related test. More and more the differences are reduced and it seems that the idea is to have groups of lawyers with both functions in the future.

Walter writes articles related to legal issues on behalf of Blake Lapthorn solicitors' team, which is one of the leading full service law firms in the UK. From speeding offences to injury claims and visa issues, all cases are covered.

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