Solicitors, barristers, lawyers – you’ve probably heard it all. The wealth of TV dramas depicting law firms has led to some confusion about how to describe your legal advisor, as well as American terms like ‘attorney’. This article aims to help provide you with some clarification so you know who to seek advice from and how we can help.
What is a lawyer?
There is no specific definition of the term lawyer, but it is usually used to describe someone who practices the law. Both solicitors and barristers can be described as lawyers.
What does a solicitor do?
As solicitors, we are usually your first point of contact. We are there to assist you throughout your matter providing specialist advice. Much of our work will take place outside of court, corresponding with other firms, completing court applications, drafting legal documents, and meeting with you.
As solicitors, we are supported by paralegals and/or legal secretaries so you may receive correspondence from those staff members too.
Most solicitors will be employed by a firm, but some may run their own practices.
What does a barrister do?
Barristers represent clients at court and tend to be instructed by solicitors on your behalf. We may refer to a barrister as ‘counsel’ too. They present your case at a hearing and might cross-examine witnesses if necessary. You can identify a barrister because of their wig and gown, although they are not often worn by family law barristers.
Barristers are usually self-employed and work from offices known as Chambers shared with other barristers.
What’s the difference?
Most of the time, your case will start with a solicitor as they provide initial advice. You may only need to instruct a barrister if your case goes to court but even then, some solicitors have ‘rights of audience’ so they can represent you. A barrister might only be necessary if your case is complex or for more administrative reasons like your solicitor being unavailable.
As solicitors are employed by a firm, they would be prohibited from acting for another party in a dispute as it would be a ‘conflict of interest’. For example, I cannot represent you if my colleague is representing your wife. Although barristers share Chambers, they are independent entities so they can assist different sides of a dispute, but they then must stick to them. A barrister would not be able to represent you at one hearing and then your wife at the next hearing.
Do I need a solicitor or a barrister?
It all depends on what you need help with. Most of the time, it is more appropriate to speak with a solicitor first to get some initial advice. They can then recommend a barrister if you need additional assistance and work with them moving forward.
I don’t have a solicitor, but I need help in court – what do I do?
Most barristers need to be instructed by a solicitor to assist you. As solicitors, we provide barristers with a ‘brief’ before a hearing which will include all the information they need to know about the background of your case and the issues in dispute.
However, some barristers are part of the direct access scheme which allows you to instruct them directly.
Our E J Coombs team are experienced advocates but we also have good working relationships with local barristers’ Chambers if more assistance is needed. If you are seeking initial advice or unsure about an ongoing matter, speak with one of our team.
