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Barrister or solicitor – What’s the difference?

Everybody is familiar with the term “layer”, a qualified legal professional who has the power to counsel people on one or several areas of law. The term is quite generic, and there are two more specific ones: a solicitor and a barrister. While both roles are on the guard of law and order, there are some distinct differences between the two. We’re here to lay it all out for you, and if applicable, simplify choosing the specialist you need.

Unraveling Legal Professions

When talking about legal professionals in the UK, the list is quite long: barristers and solicitors, Queen’s Counsel, judges, legal executives, paralegals, legal consultants, and it’s not the end. Depending on the jurisdiction and the type of legal practice, responsibilities may vary from one role to another; however, almost all require a law degree and professional training.

In our article, we would like to focus our attention on two of them: a barrister and a solicitor. It is these two roles that usually need clarification for people who have nothing to do with jurisprudence.

Key Differences Between Solicitors and Barristers

Let’s first give definitions to each of the roles:

  • A solicitor is a qualified legal practitioner who provides tailored legal counsel on various areas of law for a client and prepares documentation needed during their potential court case.
  • A barrister is a qualified legal professional who both provides specialist legal advice to their clients and defends them in court.

Let’s dig deeper and unpack the key differences:

  1. Barristers must wear a special gown and a wig, while solicitors can show up in court just wearing business attire.
  2. Different bodies of authority regulate solicitors and barristers. The former is regulated by the Solicitors Regulation Authority (SRA), while the latter is regulated by the Bar Standard Board (BSB).
  3. A solicitor is the first person you seek help from with your affair. They give advice and recommendations before the case goes to court. You don’t normally go to a barrister to ask for advice. The only exception is when a barrister is a member of the Public Access Scheme, in which case the client can get by without a solicitor and ask a barrister for help directly.
  4. As it is already revealed in the definition, a solicitor doesn’t represent and advocate for their clients in court. They tend to work on cases that don’t require court proceedings. It doesn’t mean they are prohibited from doing so: once they obtain the ‘rights of audience’ (and have the desire), solicitors represent clients in court too, but only the lower ones. If the matter refers to more complex cases or higher levels of court, it’s the barrister’s area of responsibility.
  5. According to research, about 80% of the practising barristers are self-employed. They tend to work in Chambers, offices they share with other barristers. However, all the barristers in a chamber are independent and can easily represent different sides of the same dispute. Solicitors, in turn, work for the same law firm and are never involved in the same case to avoid a conflict of interest.

Education and Training Journey: Barrister vs Solicitor

The education journey for people who want to pursue careers in law depends on two factors:

  • Whether they have a law or non-law degree;
  • The role they want to pursue: a solicitor or a barrister.

Let’s break it down.

Barrister’s Path: From Law School to the Bar

The education for barristers comprises three components: the academic component, the vocational component, and the work-based component of Bar training.

The academic component includes two pathways for people with an undergraduate law degree and those with any other undergraduate degree:

  • People with an undergraduate law degree proceed straight to the Bar training course.
  • People with no law education but who want to convert to this field must complete the PGDL or the Law Conversion Course (an upgraded version of the GDL, or the Graduate Diploma in Law). It’s especially relevant for individuals who want to practice as barristers: the PGDL remains a key requirement for those pursuing the Bar Practice Course (BPC).

The vocational component means completing a Bar training course. To enrol on it, an individual should meet two requirements: be a member of one of the Inns of Court and, of course, be fluent in English. Provided a student successfully completes the training course, they are Called to the Bar by their Inn. However, it doesn’t mean the beginning of their practice.

An individual is allowed to start practising only after accomplishing the work-based learning component. It’s a work-based training that a soon-to-be barrister gets under the supervision of an experienced barrister. This component typically lasts one year: six months of a non-practising period and six months of pure practice.

Finally, for those already qualified in one of the law fields or are legal academics, there is also a chance to join the ranks of barristers without undergoing the entire course of education described above. They submit an application to The Bar Standards Board describing their experience and qualifications. Depending on them, the candidate may either be fully exempt from training or be required to complete a short version of the training called the Bar Transfer Test (BTT). Once approved, the candidate has to complete pupillage and then can be called to the Bar.

Solicitor’s Odyssey: Navigating Legal Landscapes

In September 2021, the Solicitors Regulation Authority introduced a new route to becoming a solicitor, the Solicitors Qualifying Exam (SQE). It’s not a course but a set of examinations passing which allows you to qualify as a solicitor in England and Wales. The pathway looks like this:

  1. An individual obtains an undergraduate law degree. They may take the SQE straight away or take a preparation course before it. Choosing a Master’s is also an option: it will significantly boost employability chances in the future.
  2. If it’s a non-law degree, it’s better to undertake a conversion course before the SQE: according to the 2023 survey, 98% of law firms in the UK expect it from candidates.
  3. The individual successfully passes the SQE, which consists of two centralised exams SQE1 and SQE2;
  4. The individual gains at least two years of Qualifying Work Experience (QWE)

Having fulfilled all the requirements, they can apply to the Solicitors Regulation Authority to get recognition. Upon approval, they’re officially a qualified solicitor who can start practising within a firm or independently.

For those who started pursuing the career of a solicitor before September 2021, the route looked a bit different. Individuals with a non-law degree were expected to obtain a law conversion qualification and then take the Legal Practice Course (LPC). Students with an undergraduate law degree (LLB) would proceed directly to the LPC. After the course, students were expected to gain two years of work experience, generally through a training contract (a so-called period of recognised training). Those who have already started studying this way can still complete it until December 2032.

The SQE will eventually replace the LPC; however, at the moment, both of them are of the same value when it comes to seeking employment.

Barrister and Solicitor: Roles and Responsibilities

Law is a fundamental subject; therefore, one qualified in it can choose any area to specialise in or even several. The choice is wide for both roles:

  • Commercial law
  • Entertainment law
  • Sports law
  • Family law
  • Personal injury
  • Criminal law
  • Employment law
  • Wills and trusts

Barristers in Action: Advocacy and Representation

The main mission of a barrister in the UK is to represent and defend their client in court. Firstly, they get briefed by a solicitor on all the details and nuances of the case. Then, they use this information to prepare for a persuasive representation in court aimed at achieving the best possible outcome for their client.

Solicitors in the Trenches: Advisers and Draftsmen

If talking about a typical working day of a solicitor, it will involve:

  • Drafting and working through legal documents, researching legal records;
  • Counselling clients on legal matters of various complexity;
  • Representing clients in court (sometimes, only in lower courts);
  • Consulting barristers on clients’ legal matters that have to be represented in higher courts;
  • He holds negotiations between the two parties, trying to help them reach an agreement on a legal issue.

The Benefits of Becoming a Barrister

We won’t dissemble; the job is genuinely demanding, both emotionally and mentally. It’s also highly competitive and may not guarantee an excellent work-life balance. But of course, there is the other side of the coin too:

  1. The career provides independence. It’s only you who’s in charge of your career progression. You don’t have to compete for your promotion with your colleagues: it mostly depends on how you build relationships with solicitors and what outcomes you get for your clients in court.
  2. The job is intertwined with performing. It’s full of thrill and adrenaline as it implies winning the opponent over to your point of view.
  3. This job is meaningful. A barrister is a life preserver for an individual going through a rough patch in their life.
  4. Being demanding, on the one hand, the job also provides a challenge and room for constant growth. Today, you’re dealing with shoplifting; tomorrow you work on a mysterious murder case.

The Benefits of Becoming a Solicitor

  1. First and foremost, it’s being highly valued, respected, and always in demand. Whether it’s a matter connected with your business, divorce, or workplace discrimination, a solicitor is the one from whom you seek help and advice in the first place.
  2. Second, being a solicitor is financially rewarding: according to the University of Law, the average salary for a starter is £25,000, whereas an experienced solicitor can make £100,000 annually.
  3. Third, career prospects are excellent. Hard-working and ambitious individuals may aim to become a partner in a private practice firm of solicitors or manage an in-house legal department.
  4. Finally, it’s never a routine or boring job. The variety of cases and the need for thinking outside the box will make every working day special. And the help solicitors provide make their job genuinely rewarding.

Sources Used

  1. The Lawyer Portal PGDL Law Conversion Course
  2. Bar Barometer: Key facts
  3. Bar Standards Board: Becoming a barrister
  4. The University of Law: An SQE course for everyone
  5. The Lawyer Portal: Why be a barrister?
Barrister or solicitor – What’s the difference?
Date: 13 November 2023
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