The opening credits roll and there sits a gentleman in a well-tailored suit on the phone shouting legal jargon to the person on the other line. He slams the phone down in victory because he successfully negotiated an eight-figure contract for his wealthy client after weeks of stalling from the other party.
The scene fades from black and there we see a courtroom filled with people in the gallery, a judge seated at the front, one lawyer sitting at the table with his client to the right of him, another lawyer standing facing a woman that is seated in a spot next to the judge and a group of individuals known as the jury to the far right. The standing lawyer launches a series of questions at the woman sitting next to the judge. The woman tries to answer them all but finds herself near tears, and it is the final question from the standing lawyer that brings the woman to tearfully confess on the stand that she committed the crime.
These two scenarios are usually what most people have in their minds when they think of what a lawyer does. However, while the designation of lawyer encompasses a wide gamut of responsibilities and skills, in many jurisdictions around the world, legal professionals find themselves as either a solicitor or barrister.
A barrister is usually a specialist in court advocacy and an independent source of legal advice to their clients. Many barristers practising in the United Kingdom are self-employed and work in chambers with other barristers. As barristers are specialists, they usually receive their instructions from a solicitor to represent the solicitor’s client in court and are only involved when the matter is before the court. There are a wide range of skills that one must possess as a barrister which can include the ability to advocate for someone and act in their best interests, the ability to express arguments and ideas clearly and concisely, the ability to communicate with people from all backgrounds, attention to detail and strong research skills, the ability to remain calm under pressure, and excellent time and people management skills to name a few.
A solicitor is usually a qualified legal professional who provides specialist legal advice on different areas of law. They are also responsible for representing and defending a client’s legal interest; however, a solicitor does not appear in court. The solicitor is normally the client’s first point of contact, and it is the solicitor’s job to take instructions from the client and provide legal advice, which can range from personal issues to commercial work. In some instances, the solicitor’s role may be to advise on any necessary legal action to take depending on the nature of the issue. Similar to the skills a barrister must possess, a solicitor should also possess a wide range of skills. These include a professional approach to work, integrity and a respect for confidentiality, research and analytical skills, accuracy and attention to detail, written and oral communication skills, interpersonal and time management skills, strong negotiating skills and commercial awareness, and flexibility when dealing with a change in circumstance.
While there is indeed a marked difference between a solicitor and barrister, there essentially are numerous areas of law to which both will be deeply involved in or specialise. These include banking and debt law, civil litigation and dispute resolution, commercial law, construction law, criminal law, employment law, environmental law, corporate law, family law, insurance law, personal injury and clinical negligence law, property law, shipping law, intellectual property law, and human rights and immigration and asylum law.
Possessing the skills above are only half of the requirements for becoming a legal professional/practitioner. All Commonwealth countries require a law degree or a postgraduate legal qualification. In the United Kingdom, persons are required to obtain a qualifying law degree at class 2:2 or above or in any other degree followed by a postgraduate diploma in Law. They are then required to enroll on and complete the Bar Practice Course or the Legal Practice Course. Once both courses are completed there are varying requirements for each which include being called to “the Bar”, the obtaining and completion of pupillage under a senior barrister after a year for barristers and in work training for solicitors.
There are only a few countries such as England and Wales, parts of Australia, Samoa and South Africa that clearly distinguish the roles of barrister and solicitor within the legal profession. However, in many Commonwealth countries such as The Bahamas, Bermuda, and Jamaica, the roles of barrister and solicitor have evolved for legal practitioners with professionals ultimately blending the roles into one, and as such they have become indistinguishable.
Based on where a legal professional/practitioner intends to practise, they are given the opportunity to determine which role best suits their skills and talents.