Solicitor or barrister: what is the difference?
Solicitors give legal advice and help to resolve legal issues for their clients. Many barristers give specialist advice and speak for people in legal disputes, including in court. Both professions have a regulator, although you can often reach a barrister through a solicitor. In many cases, you can also reach a barrister directly.
The short answer
Think of it as two roles that often work together. Solicitors advise you and act for you, while many barristers specialise in advocacy and in advice on a particular area of law. Therefore, the question is rarely which one is better. The real question is which one suits your problem.
Both are regulated. The SRA watches over solicitors. The Bar Standards Board does the same job for barristers. As a result, you can hold either to a published standard of behaviour.
If you are unsure where to start, note that solicitors can advise on many different situations. Because of that range, you can explain the whole problem to one professional in one place. However, barristers give specialist advice, so the two roles differ in what they offer.
What a solicitor does
Legal Choices says solicitors can give you legal advice on different situations. They also offer legal services that help resolve legal issues. In plain terms, a solicitor listens to your problem, tells you where you stand and helps you decide what to do next.
Some solicitors specialise. For example, Legal Choices says some focus on areas such as divorce or personal injury. Because of this, it helps to look for a solicitor whose work matches your problem. Our practice areas overview lists the main types of work.
A solicitor may also bring in other lawyers when your matter needs it. Solicitors and other lawyers often instruct barristers, who represent their clients in court. For example, your matter may include a barrister when a court appearance is needed.
If you want more detail on the day-to-day work, our guide on what a solicitor does goes through it step by step. Here, the main point is simple. A solicitor is the person who advises you and acts for you.
What a barrister does
Legal Choices says many barristers give specialist advice and represent people in legal disputes, including in court. It calls this contentious work. Other barristers do something different. They draft legal documents or advise on a specific area of law, and Legal Choices calls this non-contentious work.
So the word barrister covers more than one kind of job. One barrister may spend much of their time in court. Another may write documents or give written advice. Because of this, you should not assume that every barrister works in the same way.
If you are heading to court, you may wonder whether you need a barrister at all. Some people choose to speak for themselves. Our guide to representing yourself in court looks at that choice. However, even if you plan to go alone, it can help to ask a legal adviser what to expect.
When you speak to a barrister, ask what they would do for you. For example, ask whether they would give advice, draft papers or speak in court. That one question keeps the job clear.
Who regulates each
Regulation protects you, because it sets standards and gives someone the power to act when they are not met. Legal Choices says the SRA keeps watch over all solicitors in England and Wales and the firms they work for. It also says the SRA takes action when solicitors fall below the required standards or act dishonestly.
For barristers, the regulator is different. Legal Choices says the Bar Standards Board sets the standards of behaviour that barristers must meet. It adds that the board can act if those standards are not met.
This means each profession has its own watchdog. The SRA looks at solicitors and the firms they work for. The Bar Standards Board looks at barristers. Therefore, if you have a worry about someone’s conduct, it helps to know which body deals with that profession.
Before you hire anyone, check who they are. Ask which regulator covers them, then confirm the answer yourself. Our check a solicitor page shows how to do that for a solicitor.
Can you go straight to a barrister?
Often the answer is yes, although it depends on the barrister. Legal Choices says solicitors and other lawyers often instruct barristers to represent clients in court. However, it also says members of the public can approach many barristers directly, without going through another lawyer first. This is called public access.
Notice the word many. It does not say every barrister accepts direct work. Because of this, you should ask a barrister whether they take public access work before you plan around it.
Going direct may suit some people. For example, you might already know that you need advice on one narrow point of law. Then again, if your problem is broad or unclear, a solicitor can help you work out what you need. In that case, the solicitor may bring in a barrister later, if the matter calls for one.
Whichever route you choose, a few questions help. Ask who will do the work and what it will cover. Ask how the fees work, and ask for the answer in writing. Finally, ask how you will be kept informed as the matter moves forward.
If you want to see the main areas of law first, browse our practice pages. When you are ready to look at a particular solicitor, use our check a solicitor page to see how to confirm who they are.