What are the Differences Between Solicitors and Barristers? – Work

In my last blog post, we looked at some of the differences between solicitors and barristers, from the role they play in the legal system to the training that they undergo to become qualified. In this blog post, we will be continuing this comparison, but moving on to look at the differences in the type of employment they are likely to have, their relationship with the public and how people can access their services.

However, before we consider this, we will quickly review the key differences in the functions and training of solicitors and barristers. Solicitors rarely represent their clients in court; instead, they speak directly to them and offer advice. They will usually specialise in one or two areas of law, such as property or family. In addition, it is solicitors that are responsible for things such as drafting wills or writing contracts, ensuring all the legal requirements have been met.

On the other hand, barristers do not usually speak to clients but will represent them in court. They will receive details on the case from a solicitor, including the facts, how the client intends to plead, possible defences and any other relevant information. The barrister will review this information and build their case and arguments from it. Unlike solicitors, they do not draft legal documents such as contracts.

Training for both barristers and solicitors starts in the same way – by taking an undergraduate degree in law, also called an LLB. If they have already done a degree in another subject, it is possible to just do a law conversion course, called a Graduate Diploma in Law (GDL). Solicitors will then need to do the Legal Practice Course, followed by a training contract for two years. They also need to take the Solicitors Qualifying Exam if they finish after 2021.

Barristers will also have done either an LLB or any other degree and a GDL, which they will then need to follow up with the Bar Professional Training Course (BPTC), which takes one to two years. Finally, they will have to complete a one-year pupillage, usually in chambers.

Employment Types

Solicitors and barristers also tend to be employed in different ways. Solicitors generally work in-house at a law firm or as part of a bigger organisation. This means that they are an employee and have all of the benefits that come with this, such as a steady income, holiday, sick pay and a pension fund. They also have increased job security as they are being paid by a business rather than individuals. However, they have limited freedom to set their own schedule or take time off, as they will have to do as they are directed. Of course, solicitors may eventually become partners at their law firm, which brings additional benefits.

On the other hand, barristers are nearly all self-employed and work from chambers shared with other self-employed barristers. This gives them greater freedom to schedule their work but does mean that they have less job security as they are reliant on clients hiring them. They will also not have an income if they need to be off sick or on holiday. This is manageable once a barrister starts earning higher fees but can be difficult when they are first starting out.

Not all barristers self-employed, however. Some may work as part of a law firm, in a similar way to solicitors. Alternatively, some are employed as part of a big organisation, offering legal advice. If this is the case, then the barrister will have the same advantages of being an employee as listed above for solicitors, but will have a much more rigid schedule and have a fixed rate of pay, rather than being able to set their own fees.

Relation to the Public

The next thing we will be considering is how solicitors and barristers can be approached by members of the public and how they get work. Solicitors are simple – anyone can speak to and pay for the services of a solicitor. This will include looking at legal disputes and referring them to a barrister or, possibly, representing their clients in court themselves. Members of the public can also go to a solicitor directly if they would like to draw up a contract or draft their will.

Barristers work in a different way. People can still instruct a barrister in most cases through the Public Access Scheme, speaking directly to them. Before the Public Access Scheme, the only way to direct a barrister was either through a solicitor or another third party.

Wrapping Up

I hope that this helps you to understand some of the difference between solicitors and barristers. In my next blog post, we will be looking at some of the potential benefits of merging these two legal professions, so come back in two weeks for that!

Want help proofreading your work? Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader.

Email: CarmineProofreading@gmail.com

Twitter: https://twitter.com/CarmineProofed