What’s the Difference Between a Solicitor, Barrister, and Lawyer?
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 what’s the difference – and what are lawyers?
There are two different ways to answer these questions. The first is by reference to what barristers and solicitors traditionally do on a daily basis. The second is by reference to how they become qualified and the rules that they have to follow once they’re working.
What do barristers do?
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 speak to judges and juries on behalf of their clients.
What do solicitors do?
Traditionally, a solicitor is someone that spends their time talking to clients and dealing with the paperwork that is required before parties get to a stage where they need a barrister to represent them in court. Solicitors are the ones that wear smart suits and work from nice offices.
Why do both exist?
The idea behind the split is that different tasks require people with different skills:
Courtroom advocacy is a specialist skill that some people possess, and others do 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 day that the client wins or loses the case. Solicitors might therefore be better at time management, people management, and organization than barristers, but they might not be as good at oral advocacy.
Do barrister and solicitors have different qualifications?
Looking now at how they become qualified and how they are regulated:
Barristers do a one-year post-graduate course (known as ‘Bar Finals’ once upon a time, and now known as the BPTC) before undertaking what is essentially an apprenticeship (known as ‘pupillage’) at a set of barristers chambers. During the post-graduate course, they learn theory and they practice certain advocacy skills in classroom roleplay. During the apprenticeship they shadow fully-qualified barristers and, over time, start doing real work for real clients;
Solicitors do a one-year post-graduate course (known as the LPC) before undertaking a two-year apprenticeship (known as a ‘articles’ once upon a time, and now known as a ‘training contract’) at a firm of solicitors. During the post-graduate course, they learn theory and they practice certain advocacy skills in classroom roleplay. During the apprenticeship they shadow fully-qualified solicitors and, over time, start doing real work for real clients.
Once barristers are qualified, they are subject to certain rules which are different from the rules that solicitors have to follow. Crucially, there are types of work which barristers are allowed to do under the rules which solicitors are not allowed to do. Likewise, there are types of work which solicitors can do that barristers cannot. These rules play a large part in maintaining the split profession.
One of the most important rules for barristers is that they are not normally allowed to work directly for individual clients. The rules require that there is a solicitor in between the barrister and the client. The client engages the solicitor, and the solicitor then engages the barrister on the client’s behalf.
Can someone be both a barrister and a solicitor at the same time?
It is possible to qualify as both a solicitor and a barrister, but it is rare. It requires a person to become very good at a broad range of legal skills – those of a barrister and those of a solicitor. Hamshaw’s Daniel Shaw is one of the very few ‘dual-qualified’ people in the UK who work as both a barrister and a solicitor at the same time.
What is a lawyer?
What about lawyers – how do they fit in? Simply put, there is no such thing as a lawyer in England and Wales: it’s just a convenient way to refer to someone that practises law. All ‘lawyers’ in England and Wales will be either a barrister or a solicitor (or, very rarely, both at the same time).
Hamshaw is able to offer clients access to the services of both barristers and solicitors. If you need legal advice, assistance or representation, contact Hamshaw today.