Can you remind me of the difference? Which one does law in courtroom and which one does wills and contracts and such?
I'm not a teacher, but I write for a living. Please don't ask me about 2nd conditionals, but I'm a safe bet for what reads well in (American) English.
A solicitor is like a general purpose lawyer and a barrister is more specialised- normally you go to a solicitor first and then they will engage a barrister if necessary. In the past, you couldn't contact barristers directly, though I think that may have changed. A solicitor acts for their client and can represent them, start litigation, etc, but a barrister doesn't do that- they are engaged by the solicitor. I suppose it's a bit like a doctor and a specialist in some ways.
In many jurisdictions, like Canada, there are only barristers now, and they can do their own soliciting. It's essentially the same in the US. So we just call them lawyers.
Clearly: A solicitor cannot plead before courts except the lower ones, and deals with a variety of matters. A barrister pleads before all the courts and deals with a specific case in which he is experienced.
'Solicitor: Members of the public go to a solicitor to seek his/her advice. There is a variety of matters bought to a solicitor to deal with, including conveyancing, a great quantity of a solicitors work, probate and litigation. Solicitors are the only method of gaining access to a barrister, however, professionals such as accountants may approach an advocate directly.
The relationship between a solicitor and client in contractual and such is subject to the ordinary law of contract. This means thatís therefore a solicitor can sue for their fees.
If the solicitor is negligent the client may have an action against him in tort for damages.
In equity the solicitor ñ client relationship is regarded as a trustee one.
The solicitor must act in good faith in every dealing with his client. He is in a position of trust and must refrain from using ìundue influenceî upon his client.
A solicitor owes a duty of confidentiality to his client.
A solicitor is liable to disciplinary proceedings where his conduct falls short of a criminal offence before the Solicitors Disciplinary Tribunal. The tribunal members of the Supreme Court have the jurisdiction to strike his name from the name from the roll or suspended him for misconduct.
Like a barrister, a solicitor can be liable for contempt of court.
Barrister: A barrister is mainly known as an ìadvocateî as this is most of their work. A barrister can be called upon to prosecute in one case and defend in the other.
A barrister must be content with paperwork. Paperwork comes in the pre-trail stages of a case. S/he may be asked to give written advice on a legal matter, ìtaking counselís opinionî.
Barristers are not allowed to form partnerships but can share chambers and a clerk who serves other barristers.
Barristers can be fired or imprisoned for contempt of court.
An honorarium is paid to a barrister, voluntarily for a service which is free. Therefore a barrister cannot sue for fees. In Rhondel v Worsley (1969) it was said that a barrister cannot sue for negligence whilst acting as an advocate, this has been overruled by Hall v Simons (July 2000). Now barristers can be sued for negligence by their clients at any time. As a matter of etiquette, barristers refer to each other as ìmy learned friendsî. They do not shake hands and do not use headed notepad. Am important rule is that subject to exceptional cases counsel can only accept instructions from a solicitor.'
All this is mainly in UK
For further information: Explain the difference between the role of a Barrister and that of a Solicitor
In the corporate law firm I work for, only 'lawyer' (or 'fee-earner')* is used. Are all lawyers in my firm solicitors? You'd think I'd know after 9 years, but I've never been curious enough to ask. I mean, I never see the word 'solicitor' in the documents I proofread. Anyway, I shall ask my colleagues.
To add to the mix, when is a lawyer an attorney?
*The basic hierarchy where I work is: paralegal, trainee, associate, partner - plus counsel and PSLs (professional support lawyers).
Last edited by bertietheblue; 06-Jul-2010 at 12:16.
An attorney [at law] is synonymous with lawyer (especially in USA), counselor at law, solicitor and barrister at the same time (especially in UK), etc.
With regards to UK, the legal profession is split between solicitor and barrister while eg in USA there is an attorney/a lawyer. In other words, a lawyer is allowed to handle office and trial work, hence a lawyer works as a solicitor and a barrister at the same time.
An attorney [at law], a counselor [at law] or a lawyer is 'a person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals.'
... to say nothing of 'barristas', who work in coffee bars. The stress, suggestive of a Spanish origin, is /bæ'rɪstə/ . But as far as I know, despite the 'Spanish' look of the word, there's no such person, in Spanish*, as un barrista.
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PS Hmm... Maybe in some parts of the world there is![]()
Last edited by BobK; 14-Jul-2010 at 17:02. Reason: Added PS