What is the difference between a Barrister and a Solicitor?

By Makhsudul Islam

The legal profession in the United Kingdom, consists of two main categories of a lawyer. These two categories are Barristers (known as Advocates in South Asia and Attorney in the USA) and Solicitors. Between the two there are differences such as their training, their wages as well as their individual roles. In this article we will look at these main differences.

Barrister

To train as a Barrister; one needs a degree of upper second class honours (2:1) with certain modules that the BPTC (Bar Professional Training Course) requires namely: 

• Public Law, including Constitutional Law, Administrative Law and Human Rights
• Law of the European Union
• Criminal Law
• Obligations, including Contract, Restitution and Tort
• Property Law (A) and
• Equity and the Law of Trusts (B)

If the degree is in law then the graduate can go onto the next stage of training known as the BPTC. However, if the degree is in another subject other than law, then the student must do a Common Professional Examination or a Postgraduate Diploma in Law to go onto the next stage of training as a Barrister. This is known as the academic training. It is essential to have a degree of some sort and by doing a Common Professional Examination (CPE); it provides general knowledge of the subject. This is practical as when the student goes on to do their training; they are not bewildered by what is going on. It provides a brief although short insight. 

During a Barrister’s training, once the academic period is completed, the prospective Barrister is required to join one of the four Inns of Court. Which are: Grays Inn, Lincolns Inn, Middle Temple and Inner Temple. After joining one of the four Inns, the Barrister has to attend twelve dinners or if the prospect is unable to attend they can also attend educational forums such as weekend residential courses. The purpose of the dinners is so that the Barrister can meet people of the same profession such as fellow senior Barristers and judges. The Barrister makes contacts so that during their practical careers they could acquire advice. This is beneficial as the Barrister can learn additional information from the senior and experienced members of the profession.

The BPTC is the practical course of a Barrister’s training. The BPTC helps to develop key skills such as legal research, fact management and advocacy as well as the core areas of knowledge of civil and criminal litigation in conjunction with evidencing and sentencing. After completing the BPTC, the students are called to the Bar. The duration of this course is one year. Each student on the BPTC course pays between £8000 and £15000.

If students intend to practice as a Barrister, they have to spend twelve months carrying out a pupillage with a senior Barrister. This is the final step for a student before becoming a practicing Barrister. Pupillages are hard to find and there is not enough financial support for the trainee Barristers. Up to £6000 is paid for pupillages by some groups of Barristers but the trainees are to provide themselves for their travel expenses, books, specialised clothing and living expenses. Doing pupillage exercises the extensive knowledge and the skills the trainee Barrister has acquired during their legal studies and BPTC. After six months of doing the pupillage, the trainee Barrister is allowed to appear in court on behalf of clients.

Once a Barrister is qualified, they become self-employed. Normally they join a set or chamber where they share the work load and working expenses. Wages of these barristers is often paid 18 months late. They cannot wait this long as they have to pay for travel expenses and cannot sue for their fees.

A Barrister is mainly known as an advocate as this is most of their work. A Barrister can be called upon to prosecute for the Crown Prosecution Service 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 matters; this is known as taking the counsels opinion. Barristers are not allowed to form partnerships but can share chambers and a clerk who serve 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 my learned friend. They do not shake hands and do not use headed notepad. An important rule is that subject to exceptional cases counsel can only accept instructions from a solicitor.

Solicitor

On the other hand, to train as a Solicitor the graduate is needed to have a similar educational background to a barrister however the grade requirements at undergraduate levels are much lenient. A solicitor goes on a vocational course known as the Legal Practice Course (LPC) where the students can expect to pay between £4000 and £9000. The duration of this course is one year as is the barrister’s training. The course is of a practical nature and consists of the students learning a variety of skills and techniques. For example students will learn the technique of learning how to interview clients, how to draft contracts, how to advocate before courts. Additionally, the students will learn how to draft business and solicitor accounts. Therefore, this course is seen to be very demanding and it is essential that the students dedicate themselves to this in order to pass it successfully. The skills mentioned need to be mastered if one hopes to become a top solicitor as theses are what solicitors mostly do. If not, then ones career can be jeopardised if mistakes are made.

For a solicitor, after having completed the LPC, the next step is to attain a training contract with a fully qualified solicitor from a top legal firm. This is the last step before a trainee solicitor becomes a practicing solicitor with all the necessary qualifications. It could also involve working with a private company or a local authority. The contract is drawn up for two years and is similar in nature to a barrister’s pupillage. The trainee solicitor will be required to adopt many skills and techniques learnt and combined with the knowledge they have gained throughout their studies. During the two years, the trainee will gain experience of a day-to-day business of a solicitor. The trainee is expected the exercise the same degree of professionalism as of a fully qualified solicitor.

After a trainee solicitor has completed the training contract and has passed all exams, he or she applies to the Law Society in order to be admitted. This is done by the Master of the Rolls adding the name of the new solicitors to the roll of officers of the Supreme Court of Judicature. A solicitor who wishes to practice has to take out an annual practicing certificate issued by the Law Society. This has to be paid for.

Members of the public go to a solicitor to seek his or her advice. There is a variety of matters bought to a solicitor to deal with, including conveyancing, a great quantity of a solicitors work include 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 contract is subject to the ordinary law of contract. This means that 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 and client relationship is regarded as a trustee one. The solicitor must act in good faith in dealing with his client. He is in a position of trust and must refrain from using undue influence 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 roll or suspend him for misconduct. Like a barrister, a solicitor can be liable for contempt of court.

The differences between barristers and solicitors are not so different as expected. For example a similarity is that the academic training is quite alike i.e. a degree of upper class is needed in LLB from a renowned undergraduate institution. Their training is of a similar nature, working with qualified professionals. During training they master key skills and techniques as well as exercising their knowledge. This practical training course will cost each between £4000 and £15000, so it is preferred that students from wealthy backgrounds join, which however is being eradicated since many chambers and law firms provide loans that are interest free.

Barrister’s and solicitors roles’ however are not quite so similar. A barrister goes into court and represents a client in front of a judge or jury whereas a solicitor’s job is mainly paperwork and advice to members of the public when needed and generally is the first port of call. Solicitors nowadays take part in a course which allows them to ‘sit on the fence,’ meaning they can practice both as a representor in a court and advise lay clients as a solicitor. Solicitors are a link to barristers, yet some professionals such as accountants can approach barristers directly. There is a conception that Barristers are superior to Solicitors, this simply is not the case. Although, since barristers are thought to be pompous and elitist, this is the general conception. In a legal case, a solicitor’s role is just as critical as a Barrister's role, they advise the client and if necessary refer the case to a Barrister for expert advice. These are the main differences between the two professions, both are demanding as well as exceedingly rewarding.