What are the Differences Between Solicitors and Barristers? – Basics and Training

In this week’s blog post, we will be looking at solicitors and barristers (the two main legal professions) and the differences between them. Although there are some similarities between the two, they both serve different functions in the legal system, are trained in different ways and even have different dress codes. We will look at all of these in this blog post, starting with the primary duties of each role.

What are Solicitors and Barristers?

We will start by considering solicitors and the role they play. The majority of a solicitor’s work is done outside the court before the case begins. They will gather documentation relating to the case and start to build their arguments and reasoning. Alternatively, they might deal with legal issues that do not usually need to go through the courts, such as drafting wills, creating contracts and offering legal advice to their clients. They may also help to settle some disputes out of court by holding negotiations.

However, solicitors can represent their clients in court – it’s just less common. They will need to be granted “rights of audience” before they can appear in court, which permits them to speak on behalf of their client and argue their case. There are still some limitations to this, as a solicitor will not be permitted to represent their clients in the higher courts.

On the other hand, barristers are focused on representing clients in courts and arguing cases. Generally, they will focus on one area of law, such as property or family and be an expert on this. They can work at higher levels of court than solicitors and will plead the case to the judge. Unlike solicitors, barristers do not come into contact with their clients that much and are instead given the case details by a solicitor. They will then use this to prepare their plea.

As well as advocating in courts, barristers are often employed as legal experts in the field they specialise in. They may also act as advisors to companies, businesses and banks, using their knowledge to assist with legal issues.

What Do They Wear for Work?

You may well be able to tell the difference between solicitors and barristers just by looking at what they are wearing! Traditionally, barristers would have to wear a black robe and a wig in court. However, this has now been relaxed a bit for at least some barristers, such as civil practitioners. Solicitors have a more relaxed dress code. While they still have to wear smart clothes, there is no need for a robe or wig.

Training

Solicitors and barristers will usually both start their training in the same way, but they will quickly branch off after this. For either profession, a law degree is required. If they have a degree in a different subject, they will need to start with a law conversion course called a Graduate Diploma in Law (GDL). It can actually be an advantage to have a degree in another subject, as this should broaden their knowledge and give them expertise in particular topics. For example, a degree in a second language could be useful if they will be working with international clients.

Solicitors will then try to get work experience through vacation schemes. These involve doing the work a trainee solicitor usually does for one to four weeks, for example, research, drafting documents, proofreading, taking meeting minutes and various administrative tasks. They will then need to do a one-to-two-year course called the Legal Practice Course (LPC), followed by a two-year training contract. Finally, they have to pass the Solicitors Qualifying Exam (introduced in 2021) to become a fully-fledged solicitor.

Barristers will also need work experience, but this will be done in the form of mini-pupillages. These are often quite short, sometimes only lasting for a single day. Common duties are legal research, reviewing documents, attending meetings, observing in court and administrative duties. After this, barristers will need to take the Bar Professional Training Course (BPTC), which takes one to two years, followed by a full-length pupillage for a year. This requires them to shadow a barrister, doing tasks similar to those described for a mini-pupillage, but gradually being trusted with more responsibility.

For solicitors, there is also another option – they can do an apprenticeship after their A levels. This takes six years and is a simpler path overall but leaves fewer options if they change their mind about being a solicitor.

Wrapping Up

I hope that this helps you to understand some of the differences between solicitors and barristers. In my next blog post, we will be looking at the ways in which their work differs, so come back in two weeks for that!

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