Solicitors and Barristers – See the Difference

Speaking about the legal profession in England and Wales, many experts claim that there is a fundamental problem with having it split into barristers and solicitors. Traditionally, a barrister gives specialist advice on detailed legal issues and represents clients in court on both civil and criminal cases, whereas a solicitor gives initial legal advice, instructs a barrister, if necessary, and liaises between the client and the barrister.

For centuries there have been essential distinctions between barristers and solicitors which can be traced back along the following lines:

Training and Payment

When barristers are doing their pupillage, they have to find the money themselves for their specialised clothing, including their wigs and gowns, books, accommodation and travelling. Only a few Chambers will pay up to £6,000 for pupillage, however in reality this sum is nothing to live on. Thus, it is a very hard part of training, as most people cannot afford not to be paid for 12 months, and still to carry on paying out money for things that they need for their career. A solicitor, however, will receive a minimum rate of pay during his/her apprenticeship. Even once they are fully qualified and working, barristers' payment is often up to 18 months late, and they cannot sue for their fees. However, barristers traditionally receive an 'honorarium' which is not a payment, but a voluntary contribution regarded as a gift, or a "thank-you-gesture". Although barristers may get paid less whilst training, they seem to get a lot more money when they are fully qualified.

Advocacy and written advice

Barristers specialise in advocacy. They also prepare written advice when asked to by solicitors. However, solicitors can now become certified advocates. Solicitors can also obtain a certificate of competency, so they can appear in higher courts, as well as in Magistrates' and County courts.

Solicitors generally specialise in more then one area of law, such as conveyancing, matrimonial causes, taxation, probate or commercial contracts. Barristers are more focused on one point, so that they can specialise in presenting, and arguing a case in court. Although solicitors may have a wider field of expertise, barristers have a more detailed and specialised knowledge of certain aspects of law. Therefore, solicitors can deal with a wide range of cases and give people varied advice, whereas barristers know much more about the case that they will be taking to court.

Career Opportunities

Once qualified to become a solicitor or a barrister, a person can take steps to go further up in the profession. For example, a barrister can apply to become a Queen's Counsel (QC) after being in practice for 10 years. However, only those at the very top of their profession are likely to be selected by the Lord Chancellor for this honour, and it is extremely rare to be appointed on one's first application. QC's can command higher fees. They may be accompanied by a junior barrister in court, but this is not a formal requirement any more.

Solicitors can also train more and go higher up in the profession. These days they can become certified advocates, and present cases in the higher courts. They are now also eligible to become district judges or circuit judges, and can then be elevated to the senior judiciary. The possible appointment of solicitors as High Court judges was introduced by the Courts and Legal Services Act 1990.

All this taken into account, we can now see that the roles of barristers and solicitors in society are quite different. Many people think that barristers and solicitors are either very similar, or that barristers stand higher up on the professional ladder than solicitors. But, in fact, they do different jobs and specialise in different subjects.

Task 4. Answer the following questions on the text.

1. What can be said about the financial aspect of barristers' training and payment?

2. What do barristers and solicitors specialise in?

3. What are the career opportunities of solicitors and barristers?

Task 5. Read the text and say what new information you have gathered from it.