Article - Difference Barrister and Solicitor

The distinction between Solicitor and Barrister is not so clear for most of us. To make your search easier we hereby attempt to explain the difference.

The medical profession is an often-used (but not entirely accurate) parallel, in that a Solicitor, like a general practitioner is the regular point of contact for a client. This client will only be referred to a Barrister (or, to continue the metaphor, a consultant) for specialist advisory or advocacy services.

Solicitors (or Barristers and Solicitors) have indeed more direct contact with clients. The services of Barristers are often engaged once advocacy before a court is needed by the client (including litigation). Mostly the client's Solicitors will instruct a Barrister on behalf of the client when appropriate. Barristers are also engaged by Solicitors to provide specialist advice on points of law. Whereas a Solicitor seeks payment by the client, a Barrister seeks his/her fee from the solicitor. More often than not a criminal lawyer is a Barrister.

A Solicitor is an attorney, which means they can act in the place of their client for legal purposes. A Barrister is not an attorney. This means that while the Barrister speaks on the client's behalf in court, the Barrister does so when instructed by a solicitor (so not "in place of" but "under instruction"). This difference in function explains many of the practical differences between the two professions.

The practical difference between the two professions is twofold:
- A Barrister is usually the lawyer who represents litigants as their advocate before the courts. A Barrister has rights of audience (speech) in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so.
- Barristers often have a more specialised knowledge of case-law and precedent.

In New Zealand, Barristers operate as sole practitioners, and are prohibited from forming partnerships although they normally band together into "chambers" for several, mostly financial, reasons. Some chambers are large and sophisticated. They have a distinctly corporate feel. Some Barristers are employed by firms of solicitors, banks or corporations as in-house legal advisers.

Senior barristers can be appointed as "Senior Counsel (SC)" formerly "Queens Counsel (QC). Those Barristers already appointed as Q.C. have the choice of either becoming S.C. or retaining the older title. (Since only people appointed before the system changed can be a QC the name retains a certain cachet, so most of the remaining QCs have been happy to keep it.)

In conclusion, unless you are looking to litigate or have been sued you should seek a "Solicitor" or "Barrister and Solicitor". If, after careful consideration, litigation seems the only way or if you have been sued, a Barrister or a Barrister and Solicitor is what you are looking for. Remember though, Barristers are often instructed by Solicitors only. You can search for the one that seems right for you, but that does not necessarily mean you can contact or instruct this particular Barrister yourself.

Author: i-Law l Legal Resource Centre
For more information contact: i-Law l Legal Resource Centre
Posted: 26 November 2008