Differences between a lawyer, a solicitor and a barrister

Author: Aman Solicitors

What is a lawyer?

The term ‘lawyer’ doesn’t have a strict definition under UK law. It’s a general term used to describe anyone who is a licensed legal practitioner qualified to give legal advice in one or more areas of law.

In the UK, both solicitors and barristers could be considered ‘lawyers’.

If you’ve spent time watching legal dramas and haven’t had much exposure to UK law, you might imagine a ‘lawyer’ as someone who dramatically shouts "objection!" in court, using their legal expertise to defend their client. However, the everyday duties of a lawyer are much broader than that.

In the UK, a lawyer’s daily duties will vary depending on whether they are a solicitor or a barrister and the area of law they specialise in. Their responsibilities can include:

  • Providing legal advice to individuals or organisations
  • Drafting legal contracts and agreements
  • Preparing evidence for court
  • Representing clients in court (if they are a "
barrister or solicitor )

What is a solicitor?

In the UK, a solicitor is a qualified legal professional who offers expert legal advice and support to clients. These clients could be individuals, groups, private companies, or public sector organisations.

What does a solicitor do?

Most solicitors in the UK are primarily litigators, specialising in taking legal action against individuals or organisations. However, many solicitors in England and Wales also focus on transactional work or non-contentious legal matters.

Many solicitors specialise in specific areas of law. For instance, if you require legal advice on divorce, a family law solicitor would be best equipped to handle your case due to their expertise. This sets them apart from a medical negligence solicitor, as their areas of expertise are distinctly different. Naturally, you’ll want a solicitor whose experience directly aligns with your case.

Who do solicitors work with?

Solicitors work directly with clients, establishing whether their firm is suited to provide the necessary legal advice and services for the client’s matter.

They take instructions from the client and then offer guidance on the law and the legal issues pertaining to their specific case.

How will a solicitor help me?

A solicitor’s daily tasks will vary depending on their area of expertise, but here’s a general overview of how a solicitor can assist you.

Paperwork - Navigating the paperwork in a legal case can be exhausting without the necessary legal knowledge. A solicitor will handle all paperwork and communication related to your case, ensuring legal procedures are correctly followed. They’ll assist with drafting documents, letters, and contracts.

Negotiation - Solicitors will negotiate on your behalf with other parties to secure favourable outcomes. This includes:

  • Gathering evidence
  • Overseeing the implementation of agreements
  • Calculating claims for damages, compensation, loss of earnings, etc.
  • Coordinating the work of all parties involved

A solicitor’s work can range from high-value commercial matters to personal injury cases.

Will my solicitor represent me in court?

Solicitors do represent clients in disputes and can represent them in court if needed. However, for more complex disputes, solicitors typically instruct barristers or specialist advocates to appear in court on their client’s behalf.

If a case goes to court, it’s unlikely that a solicitor will represent their client unless they are specifically trained to act as an advocate. In most instances, a solicitor will refer the case to a barrister or specialist advocate for expert advice and court representation.

What is a barrister?

A barrister’s role is to provide legal advice to clients concerning their case. Barristers typically only become involved once a case goes to court, where they act as the client’s legal representative.

What does a barrister do?

Generally, barristers in England and Wales are hired by solicitors to represent a case in court.

Barristers help present their client’s view of the situation, converting these into legal arguments to the opposing side. They make persuasive arguments in court to secure the best possible outcome for their client.

Like solicitors, barristers often specialise in specific areas of law, such as criminal law or sports law.

How will a barrister help me?

While their involvement depends on the area of law they practise, barristers generally advise clients on the law and the strength of their case, providing a written ‘opinion’. They represent clients in court and will:

  • Present their case
  • Examine and cross-examine witnesses
  • Provide reasons why the court should support the case
  • Negotiate settlements with the opposing party