Barristers and solicitors

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The legal profession The barrister and the solicitor Professional body Activity of barrister and solicitor Qualifying as a barrister Qualifying as a solicitor Similarities between barristers and solicitors Differences between barristers and solicitors The conclusion Bibliography

The legal profession in England and Wales is divided into two branches: solicitors and barristers

The barrister is a legal professional who represent you in court, a lawyer The solicitor is a legal professional gives you legal advice generally, and if it becomes necessary, will arrange for a barrister to represent you in court.

Solicitors can represent you in court, too, but only in lower courts.

If the case goes higher, then you need a Barrister to fight for you in higher courts.

BARRISTERS

SOLICITORS

Are represented by the Bar Council Bar Councils main purpose is to maintain and enhance professional standards

Are represented by the Law Society The Law Society is the representative of the interests of solicitors, a regulatory body that can set rules and discipline solicitors

BARRISTERS

SOLICITORS

Sole traders with unlimited liability Most barristers work in chambers, but they are now permitted to practise alone, working from an office or home Represent the client in the court

Direct access by clients They generally practise in private firms, as legal advisors in corporations or government departments Are responsible for all the preparatory precourt work

Both solicitors and barristers have a legal immunity in respect of actions and statements made during the lawful conduct of their clients lawsuits. For example, they cannot be sued for slander in respect of anything which they say in the course of a trial. Both are bound not to disclose facts affecting their clients which come to their knowledge in the course of professional dealings with their clients. Both are liable to censure and penalties for unprofessional conduct, by the Law Society and the Senate of the Inns of Court respectively.

A solicitor can make a binding contract with his client for his fee, but a barrister cannot do so, although he can refuse a brief unless paid in advance. A solicitor deals directly with his client, but professional etiquette demands that a barrister should deal only through a solicitor. The qualifications of solicitors, and control of their conduct, are largely prescribed by statute, but for barristers the qualifications required, and the etiquette to be observed, are dependent mainly on the traditions and customs of the Inns of Court. A solicitor has a right of audience only in certain courts, but a barrister may appear in any court.

Barristers and solicitors handle different issues and provide different services to their clients, but ultimately, they support each other in their line of work.

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