Do I Need a Barrister, or a Solicitor?

In England and Wales, we have what is called a ‘split’ legal profession.  This means that we have both barristers and solicitors working alongside each other.  But this can cause confusion amongst clients, who often ask:

1.     what’s the difference between a barrister and a solicitor? 

2.     when do you need a barrister, and when do you need a solicitor? 

3.     do you need both a barrister and a solicitor?

The best way to answer these questions is to look at what barristers and solicitors usually do on a daily basis, and to ask what you need them to do for you.

What’s the difference between a barrister and a solicitor? 

Traditionally, a barrister is someone that spends their time either representing clients in court, or giving clients specialist advice.  Barristers are the ones that wear wigs and gowns and stand up to speak to judges and juries on behalf of their clients.

Traditionally, a solicitor is someone that spends their time talking to their clients and dealing with the paperwork, research, and administration that is required long before you get to a court hearing.  Solicitors are the ones that wear smart suits and work from nice offices.

When do you need a barrister, and when do you need a solicitor?

The idea behind the split is that different tasks require people with different skills: 

Courtroom advocacy is a specialist skill that some people are good at, and others are not.  Barristers do it all the time, and so they become good both at the advocacy, and at knowing what sorts of things are likely to be persuasive to judges and juries;

Client-management is also a specialist skill that some people do not possess.  Solicitors spend much more time with their clients than barristers do, and they deal with everything from the first day a client walks in, to the days after the client wins or loses the case.  Solicitors might therefore have more experience of how to navigate a negotiation with an opponent, but they might not be as good at arguing in court.

So, whether you need a solicitor or a barrister (or both) depends on what help you need at any particular time.  Most clients will need a solicitor from the outset.  Some might never need a barrister, whereas other will need to engage a barrister as the case progresses and the focus moves from understanding, organizing and researching the case, to preparing to fight in court. 

Do you need both a barrister and a solicitor?

What is important to remember is that solicitors and barristers do different things, and so engaging both to help you does not mean that you are paying twice for something that could be one by just one of them. 

Solicitors and barristers work together, as a team, and their roles rarely overlap.  A good solicitor will be able to advise when (if at all) it would be beneficial to add a barrister to the team.

Hamshaw can provide a team of either of barrister, or solicitors, or both, and can change the makeup of the team to suit your situation as it develops. If you would like to speak to Hamshaw about the services we can provide, click here to contact us.