What is the difference between a solicitor and a barrister?

Jul 17, 2023 | Publication

Broadly speaking, barristers compared to solicitors are courtroom specialists who specialise in particular areas of law and are therefore often asked by solicitors for their opinion on technical and complex legal questions.

Solicitors

The term ‘lawyer’ refers to both solicitors and barristers. In NSW lawyers qualify as legal practitioners, but may only practice as a solicitor or a barrister, not both.

Solicitors are normally who most people deal with in their legal matters. Solicitors often do a variety of legal work and can appear in court to represent a client, but if a case is complex, they may advice a client to use a barrister to represent them in court. 

Barristers

Barristers are specialist advocates and are usually engaged by the solicitor, not the client, though the client pays their fees.

Certificates

All practicing lawyers must have a practicing certificate. These are issued by the Bar Association for barristers and by the Law Society for solicitors.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

Partnership Disputes – Causes and Resolution

Partnerships are a common business structure.  Frequently we see disputes where one or more partners wishes to leave the partnership, and financial and other disputes relating to a partnership.  Understanding the causes of these disputes and how they can be...

What Types of Claims can be made on a Deceased Estate?

A deceased estate has a range of potential claims that can be made against it.  These arise not only from the actions of the deceased but also from legislation that deals with how deceased estates are administered and distributed. Some examples of potential...

Fundamentals of Companies – Getting the Basics Right

A company is a separate legal entity, being an artificial person that only ceases to exist via the hands of its members or via government intervention.  A company’s personality is expressed in its constitution and enables the members of the company to combine...

Loss of chance

In the landmark decision of Tabet v Gett [2010] 240 CLR 537, the High Court of Australia provided crucial insights into the principles of causation in negligence claims. This case is pivotal for understanding how courts assess the direct link between alleged...

Webinar – How to Reduce the Risk of a Claim on Your Estate

Join us for an informative seminar on "How to Reduce the Risk of a Claim on Your Estate" via Zoom on Thursday, 5 September at 8 pm. This one-hour complimentary session, including a Q&A segment, will provide valuable insights and practical strategies to safeguard...

New Industrial Manslaughter laws in NSW

The Industrial Manslaughter Bill has passed NSW Parliament and will make industrial manslaugther an offence. According to the NSW government, since 2019 more than 300 workers have been killed in NSW.  Under the new law, a business or individual can be held...

8 Types of People that can Claim on a Deceased Estate

In New South Wales, there are many different types of people that can potentially claim on a deceased estate if, for instance, inadequate or no provision has been made for them or they are owed money by the estate (or they were owed money by the deceased).  ...

What is the difference between Joint Tenancy and Tenants in Common?

A very important difference in ownership of property where there are two or more owners is Joint Tenancy v Tenants in Common. It is essential to understand the difference when and if you buy property with another person. If you own a property as Joint Tenants and one...