The terms solicitor and barrister are sometimes used interchangeably by the public to mean the same thing. This is a mistake that can lead to problems later on in the legal process. Solicitors and barristers perform two different sets of legal services. Knowledge of who does what can protect the public from issues of solicitor professional negligence and complaints against members of the legal profession.
Barristers are primarily engaged to argue cases in court or before a tribunal. They have the skills and expertise necessary acquired through their training to conduct in depth research and carry out keen analytical, detailed analysis. This gives them the resources and confidence necessary to represent clients and to speak confidently and convincingly on their behalf. It is a very competitive field and so it is necessary to be very conscientious and motivated in order to be successful.
Barristers are usually self employed. There are a few who are contacted to firms, organisations, law firms and public service entities. Most Barristers work in sets. This is a group of of barristers who work together. In most cases, they share services and expenses such as practice managers and rental of premises. They are not employed by the set, they are considered as a tenant of the set. The set is maintained through contributions of the barristers in the group.
A solicitor on the other hand, provides legal services directly to their clients. They are able to represent a wide sphere of individuals, including businesses, individuals, private and public institutions. They are qualified to give advice on legal requirements of a case and all the information necessary for the case, from the inception of the matter until its conclusion. There are some circumstances under which a solicitor may instruct a barrister. This happens if the need should arise for advocacy or if and when a specialist opinion is required.
There are different organisations that are responsible for governing solicitors and barristers. In the UK the professional body that regulates the conduct of solicitors is the Solicitors Regulation authority. The Law Society of England and Wales oversees all matters pertaining to solicitors. The barristers professional body is the Bar Council. All matters of conduct and ethics are administered by the Bar Standards Board.
It is important for clients to understand the intricacies of the legal system and the difference between a solicitor and a barrister. In most cases barristers are able to represent their clients in courts and carry out any necessary advocacy work on their behalf. Solicitors often do the initial preparation and research.
In most instances, you will find that cases begin and end with a solicitor. This is because in cases that end up being settled out of court the solicitor does all the work before the case goes to court hands it over to the barrister and then completes the out of court settlement phase as well.
If you suspect you may have grounds for a solicitor review, visit SOS Claims today.