The difference between a Barrister and a Solicitor

Introduction

In England and Wales (and various other jurisdictions for that matter) a lawyer will either be a Barrister or a Solicitor. In some jurisidictions lawyers automatically qualify as both a Barrister and a Solicitor.

Until recently, the distinction between the two professions was clear. Barristers never did what Solicitors do or vice versa. The distinction is breaking down to an extent, but the following holds true as a general rule (and, like the rest of this blog, as a general introduction).

Solicitors

If a person or company needs to hire a lawyer, they go to a Solicitor.

Solicitors do all the legal work required by that person or company, except that (a) if a matter goes to Court, the Solicitor will engage a Barrister to "stand up in Court" - i.e. Barristers wear the wigs and gowns and do the talking in Court - and, (b) sometimes, if a question is really hard, the Solicitor will go to a Barrister to ask his/her opinion.

Almost all Solicitors in private practice (i.e. those who do not work "in-house" for a company) work in a law firm. (A fairly small number are "sole-practictioners", i.e. they work for themselves.) Law firms are not "companies", rather they are "partnerships" owned by the partners, who will all be solicitors and as a general rule all working in the firm.

The partners will employ other qualified solicitors to assist them. These underpaid and generally downtrodden folk are generally known as "Assistants" or by a slightly more modern/American term "Associates".

Law firms may also have "Trainee Solicitors", ie. people who are completing the on-the-job Vocational Training element of qualifying as a Solicitor. (See post called.)

Barristers

Barristers in private practice are self-employed and work in a "set of Chambers" aka a "set" or "Chambers". Barristers' Chambers are basically co-operatives. Each Barrister will pay either an agreed fee to cover Chambers' overheads or a percentage of his/her income, or a combination of both.

In London, each set of Chambers will be associate with one of four Inns of Court: Gray's Inn, Lincoln's Inn, Middle Temple or Inner Temple.

"In-House Lawyers"

Having said all that, both Barristers and Solicitors can be employed by companies. This is generally referred to as working "in-house", and the lawyer is often called an "in-house lawyer" or an "in-house counsel".

A relatively small number of companies - these tend to be large companies with big in-house legal departments - offer training contracts; however, it is more normal for lawyers working in-house to have started in private practice before "going in-house".