Lawyer, solicitor and barrister: what is the difference?

What the three terms usually mean

A legal practitioner must be admitted and hold the practising authority required for the work they perform. In everyday use, ‘lawyer’ can describe both solicitors and barristers. It does not by itself explain a person’s role, experience or right to practise at a particular time.

A solicitor is often the first professional a client contacts. The solicitor may gather facts, advise, negotiate, prepare documents, manage deadlines and brief a barrister. A barrister commonly focuses on advocacy, complex written advice and court work. The exact division depends on the jurisdiction, the matter and the professionals involved.

Who manages the client relationship

In many matters the solicitor remains the main point of contact and coordinates the file. If a barrister is recommended, ask why their involvement is useful, what work they will do, whether you will meet them and how instructions will pass between the professionals.

Some barristers accept direct briefs in circumstances permitted by their rules and practice. Direct access does not automatically make a matter simpler or less expensive. Confirm who will handle evidence, correspondence, filing, preparation and day-to-day decisions.

• Who is responsible for the overall file
• Who will appear at any conference or hearing
• How barrister fees and changes will be approved
• Which tasks remain with the solicitor or client

Choose by task rather than title

Start with the work you need: early advice, a transaction, negotiation, documents, a court appearance or an appeal. Ask whether the person regularly handles that task and in the relevant jurisdiction. A title alone does not establish specialist expertise.

Before engaging anyone, check the applicable public register and obtain a written explanation of scope and fees. If two professionals may be involved, ask for a combined view of likely stages, disbursements and responsibility for updates.