Explain the differences between the role of a Barrister and that of a solicitor

by Ms Anna Macdonald (AS Law Student).

            There is some confusion with what the difference is between barristers and solicitors. There are also many confused traditional views, including Barristers being referred to as the senior branch of the profession as historically they were the only qualified lawyers. Some people still think that solicitors are their clerks, however they split off in the nineteenth century and formed their own professional body. I will be looking at how Barristers and solicitors differ, and possibly some aspects that are similar, and effect them in similar ways. 

The amount in England and Wales

This is a huge difference in the amount of Barristers and that of Solicitors in England and Wales. There are only 9,000 barristers, compared to 75,000 solicitors. This is a huge difference. This is because of the different things that they provide and the different training that they take.

Training

Training is one of the main differences between barristers and solicitors. However in recent years it has become more similar and there is more of an overlap. This may be seen as a move towards the possible joining of the two branches or an opening up of the profession. To train as a barrister there is a requirement to have a degree of at least upper second class honours, this should be in law, but if it is in another subject, they can ëconvertí it by taking the Common Professional Examination or a Postgraduate Diploma in Law. This first part if training is the same for a solicitor. Once this has been successfully completed, a Barrister must join one of the four Inns of Court:

…        Grayís Inn

…        Lincolnís Inn

…        Middle Temple

…        Inner Temple

They are then required to dine at their chosen Inn of Court on 12 occasions (this has been reduced form 18). As an alternative they can now attend additional educational forums, such as weekend residential courses. This is known as the Bar vocational course, it helps with the development of legal skills, such as legal research, fact management and advocacy. This is where a Solicitorís training differs from that of a Barrister. A Solicitor at this stage (after their law degree or Common Professional examination) would have to take a Legal practice Course, which may be taken at a college of Law run by the Law Society or at an authorised university. After a barrister has completed the Bar Vocational Course, They are then ëcalled to the Barí. They must then spend 12 months doing ëpupillageí with a senior barrister; this is their practical training. Solicitors also have to do a period of practical training. This is known as a period of apprenticeship, the students are now known as ëtrainee solicitorsí. Having completed this they have to put their name on the ërollí of solicitors, which is kept by the master of rolls. Solicitors then tend to work in partnerships, firms, or go into the public service. After a Barrister has completed their ëpupillageí they are qualified. However they are now self employed, but generally join a set of chambers and share the services of a clerk and working expenses.

So as we can see Solicitors and Barristers have to do different types of training. They start of the same and then get different; this is because they need the same basic skills. They also both do a certain amount of practical training; as they would also both need this to a certain degree before starting their respective careers.

Payment

This is another big difference for Barristers and Solicitors. Not only does this differ when they are fully qualified, but also in theyíre training.  When a Barrister is doing ëpupillageí, they have to find the money themselves for their specialised clothing, including their wigs and gowns, books, travelling and living expenses, only some chambers will pay up to & £6,000 for pupillage. However in reality that is nothing to live on, so this is a very hard part of the training, as a lot of people can not afford not to be paid for 12 months, but to still carry on paying out money for things that they need for their career. A solicitor however will be paid a minimum rate of pay during their apprenticeship. Even once they are fully qualified and working, Barristers payment is often up to 18 months late, and they can not sue for their fees. However Barristers traditionally receive an ëHonorariumí this is not a payment, it is an unknown voluntary contribution regarded as a gift, or a Thank you. So again their payment is also different, although a Barrister may get paid less whilst training, they seem to get more when they are fully qualified.

Advocacy and written advice

Barristers specialise in advocacy, however they also prepare written advice when asked to by solicitors. However Solicitors can now become certified advocates. This has meant that there is less work for junior barristers. Solicitors can now obtain a certificate of competency, so they can appear in higher courts, as well as magistratesí and county courts. It took four years after the 1990 Courts and Legal services act. However there are now approximately 1000 certified advocates. Until quite recently neither Barristers nor Solicitors could be sued for negligent advocacy or advice. However this changed in the when Hall v Simons (2000) went to court, Barristers and Solicitors can now be sued for negligence.  Solicitors generally specialise in more then one area of law, such as Conveyancing, matrimonial disputes, taxation, probate or commercial contracts. Where as Barristers are more focused on one point, so that they can specialise in presenting, and arguing a case in court. So although Solicitors may have wider knowledge, Barristers will have more detailed and specialised knowledge of the certain aspects. This is so that Solicitors can deal with a wide range of cases and give people varied advice, whereas a Barrister will know much more about the case, that they will be taking to court for you.

Higher Qualifications

Once qualified to become a Solicitor or a Barrister, there are also different steps you can take to go further up in the profession. For example, a Barrister can apply to become a Queenís 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 your first application. QCís can command higher fees. A junior barrister in court still often accompanies them, however this is not a formal requirement anymore. Many think that the QC should be abolished, as they cannot believe the government officially supports them commanding higher fees, just because they are given the title of Queens Counsel. Solicitors can also train more and go higher up on the profession. They can now become certified advocates, and present cases in the Higher courts. They are now also eligible to become district judges, circuit judges or recorders, and can then be elevated to the senior judiciary. The possible appointment of appointing solicitors as high Court judges was introduced by the Courts and Legal Services Act 1990. So as we can see although they specialise in different things, Barristers and solicitors can both go higher up in the legal profession. 

Summary

We have looked at the different aspects of Barristers and Solicitors, including, their training, what they specialise in, their payment during and after training, and how they can go higher up in the profession. We can now see how their roles are different. Solicitors have a wider knowledge of the law, so that they can advise a range of people on what they should do. Whereas a Barrister specialises in one subject and in advocacy, so that he is competent in presenting the case in court. We have also looked at the different training that they go through, We can see that the first very basic stage is the same, and then it changes, however both training courses include practical training. Many people think that barristers and solicitors are either very similar, or that barristers are higher up then solicitors. However, as we can see they are different, and specialise in different subjects, and when asked a barrister will prepare written advice for solicitor. So although, they are both in the legal profession, and have similar training, and possibly help each other with certain parts of cases, they do play different roles in their profession.

 October 2002.