2006-09-17 12:23:12 · 10 answers · asked by yaderemi 1 in Education & Reference ➔ Higher Education (University +)
previously the roles of a solicitor & barrister were similar, but there were limitations to how far a solicitor could proceed further with a case. So the role of solicitors only entitled them to take their cases to the high court. If they wanted to proceed further to the Crown court or appeal then the job of the barrister would come into the scenario. All cases that have been appealed in high court can be heard in the court of appeal, but representation is by a barrister.
But legislation is changing, as it solicitors will now be able to represent their clients in higher courts instead of barristers. The main comparison at present is that the solicitor does all the paper work, whilst the barrister represents in court.
2006-09-17 13:05:11 · answer #1 · answered by Vanessa L 2 · 0⤊ 0⤋
And that's a question how?
Depends which country you're in. I've no idea about America but here in the UK a solicitor can only represent their client in the magistrates court and attend at a crown court, if it is heard there. A barrister can only act/speak at crown court so whilst they do the same job in a sense - that of representing their client in court, the client would hire or have the services of a solicitor made available to them whereas the barrister would be hired if/when a case went to trial BY the solicitor on behalf of their client.
And incidently, if a lady barrister went to court and forgot her briefs, would that make her a solicitor? :)
(the briefs being the file(s) containing all the paperwork about the cases coming up in court that day or could be ... well you get the picture. lol)
2006-09-17 12:33:38 · answer #2 · answered by mancunian_nick 4 · 0⤊ 0⤋
They remain very distinct professions, whilst it is true that solicitors that have practised for at least 3 yrs, since the end of a training contract may apply to take an advocacy exam, that if passed allows them to gain 'audience' and represent their clients in higher courts, it rarely happens since most solicitors work in limited liability partnerships and the partnerships would lose more revenue than it would gain.
Barristers on the other hand traditionally never took instruction direct from the public, however changes in the Bar Council regulations now allow direct contact and even limited advertising, resulting a growing market for barristers in mediation and arbitration which is one sector that solicitors may also practise.
Its this area of work only that has led people to believe that there is no difference between the professions, the reality is that they remain separate.
2006-09-17 14:39:19 · answer #3 · answered by pcg2645 2 · 0⤊ 0⤋
In England & Wales they are still separate professions. Solicitors administer legal transactions and represent clients, both individuals and organisations, in transactions and legal proceedings.
Barristers are advocates who are 'instructed' ie hired by solicitors to speak on behalf of individuals or organisations, in legal proceedings. You cannot hire a barrister directly only via a solicitor and barristers do not carry out transactions.
Some practical examples:
if you want advice on signing a contract, or you are making a will, or you need help claiminig compensation, those are all matters for solicitors.
But if you are going to court and need representation then you would ask your solicitor to instruct a barrister for you.
Solicitors do most of their work in offices; barristers do most of their work in court.
2006-09-20 14:20:26 · answer #4 · answered by Bridget F 3 · 0⤊ 1⤋
it really is for England and Wales. they are all attorneys, it really is a everyday time period in case you prepare the regulation. A solicitor is the intense highway lawyer you would possibly want to search for suggestion from for legal suggestion, to entice up records, oversee transactions and so on.. A barrister is a lawyer entitled to argue a case before a court docket, regardless of the reality that some solicitors might want to now try this too in minor concerns. The lawyer wide-spread for England and Wales is the govt regulation officer of the Crown in England and Wales, and advises and represents the Crown and authorities departments in court docket.
2016-11-27 20:46:20 · answer #5 · answered by sangster 4 · 0⤊ 0⤋
I think the difference is a barrister defends you when you go to trial and a solicitor defends you if you plead guilty straight away or before you go to trial, that's in England though not sure about other countries
2006-09-17 13:51:45 · answer #6 · answered by tigeroscar2005 3 · 0⤊ 1⤋
yes it is necessary...A solicitor tries to talk you into things...whereas a barrister is a british lawyer
2006-09-17 12:26:40 · answer #7 · answered by cabjr1961 4 · 0⤊ 1⤋
Almost a nice statement (apart from you missing a letter 's' from the end of profession(s)), but what's the question?
2006-09-21 09:46:20 · answer #8 · answered by micksmixxx 7 · 0⤊ 0⤋
In UK still the case
2006-09-19 19:15:04 · answer #9 · answered by Anonymous · 0⤊ 0⤋
depends on which country and which state you will need to be more spacific
2006-09-17 12:25:51 · answer #10 · answered by brinlarrr 5 · 0⤊ 1⤋