Can someone please explain to me the difference between?

Question

Can somebody please explain to me the difference between a solicitor and a barrister? My son is on bail and is represented by a solicitor, however my friend has told me to hire a barrister instead as they have much more experience. Is this true? If so, is there much difference? I would appreciate all the help i can get.

Answer 1

The other answers miss the point a little. Both a solicitor and barrister are legal professionals and a barrister is not higher up the ladder than a solicitor.

The difference in the two professions is the right of audience extended to solicitors and barristers. What this means is that a solicitor has a right of audience in the magistrates and county courts. A barrister has a right of audience in these courts as well but also in the higher courts. A barrister is an advocate, i.e, he or she does the speaking part. In the main, you cannot instruct (hire)a barrister directly although this is changing. A solicitor instructs (hires) counsel on your behalf if it is necessary to do so. So, for example, if your son is committed to appear at trial in a crown court, your solicitor will instruct counsel ( a barrister) as the solicitor will not have a right of audience in the crown court.

There are many solicitors who are greatly experienced in magistrates court work and can competently represent your son. From time to time, the solicitor will instruct counsel if he or she is, for example, too busy or believes it necessary depending on factors such as the complexity of the case. It may be that the solicitor seeks advice from counsel if necessary. If not, there is no reason why a competent solictor should not represent your son. The solicitor may have a wealth of experience in the local court that a barrister does not.

If your solicitor believes that counsel should be instructed, your son will be informed. As your son is on bail, i would think that the person who made the bail application knows what they are doing. He got bail after all.

Just to add to the confusion, your solictor may be a solicitor advocate, in which case he or she has higher rights of audience as well.

If your son is on legal aid and your solicitor is required to instruct counsel, counsel will be instructed. However, your solicitor is best placed to advise you and not your friend, who i take it is not legally qualified to advise you. Your solicitor is.

Answer 2

A solicitor has the right to deal with a case, such a paperwork sending notice to people, sending documents to a court, interviewing witness' and representing the wishes of the client, however a solicitor cannot represent a person in a court higher than the magistrates, only a barrister can, a barrister is hired by a solicitor to present the case before the judge. you can hire a barrister yourself but your solicitor will have better contact than you and probably people they trust to do the job correctly.

Answer 3

Solicitors are commonly used in the Magistrates Courts and to prepare papers for Barristers when a case goes to trial.
You can Hire a Barrister to represent you in Magistrates Courts but you would be looking to pay a minimum fee of around £200 just for one appearance in a Magistrates Court and that's for one hour,as they are very expensive.
You should ask a solicitor about this for clarification,also Barristers do specialise in certain fields which is why they cost so much.

Answer 4

You can't hire a barrister directly - you always have to go through a solicitor. A solicitor is rather like a GP. If you have an illness, you go to your GP first. If it is serious the GP will refer you to a consultant at a hospital.

Similarly, if your legal case is serious or something on which the solicitor requires a second opinion s/he will instruct a barrister.

Ask you son to speak to his solicitor and ask whether or not a barrister is being instructed in his case.

Answer 5

A barrister is much higher up than a solicitor and deal with court systems such as trials in crown court or European courts solicitors deal with minor cases such as divorce, family law minor offences such as stealing cars. But also prepare details for a barrister if the case goes to crown court, a barrister is also more expensive than a solicitor, but if it was felt by your solicitor you need a barrister your solicitor will deal with it.

Answer 6

Yeh the above is correct. Barristers are like higher up than a solicitor. They spend most of their time in Court, whereas solicitors only go to court every now & then, the more give written advice to people.
If you are on legal aid then you wont be allowed to chose. If you are paying for it yourself, then a barrister will be much mor expensive.

Answer 7

The main difference between a solicitor and a barrister is the rights of audience they are afforded. They basically do the same job but a barrister can defend clients in the higher courts. ou may want to tell your friend to mind his own as it is not possible to hire one directly, if your solicitor feels you need one he will reuest it himself - with your leave of course.

Answer 8

A solicitor does cases in lower courts and prepares cases for barristers; barristers do cases in superior courts.

Answer 9

A Solicitor, while he/she can represent you in a civil Court, which s a lower Court, still need s full blown Barrister n a criminal court.

Answer 10

A barrister is not King's Counsel, so he is not a member of the bar. A solicitor is a counsel advocate; who has the right to pledge only in inferior assemblies