What is the difference between a Solicitor, a Solicitor Advocate, and a Barrister?

Whether you’re seeking legal advice, representation in court, or simply trying to understand various aspects of the UK legal system, it is important to know the key types of ‘Lawyer’ involved, specifically the ‘Solicitor’, ‘Solicitor Advocate’, and ‘Barrister’ roles.

Each role has specific functions that may overlap in certain circumstances, and this blog will break down the differences between these legal professionals to help you decide which legal professional would be best to help you.

What is a Solicitor?

A Solicitor is the most commonly used legal professional and are often the first point of contact for individuals or businesses seeking legal assistance, whether it is for general advice, guidance, or representation in the lower courts, Solicitors offer their clients a wide range of legal services in various areas. Solicitors typically handle day-to-day legal work, such as drafting contracts, preparing legal documents, and negotiating on behalf of clients.

What is a Barrister?

A Barrister is a type of lawyer specialising in courtroom advocacy and litigation. Barristers are trained to represent clients in both lower and higher courts (such as the Crown Court, High Court, or Court of Appeal) and provide expert legal advice on complex legal issues.

A Barrister’s primary role is to represent clients in court, where they present cases, make legal arguments, and cross-examine witnesses. Barristers are also skilled in preparing legal opinions and offering specialised advice and drafting on intricate legal matters. Generally, Solicitors will typically handle the day-to-day legal work and client interactions, and Barristers focus on representing clients in trials and hearings without dealing with clients directly or routinely.

Barristers are generally independent practitioners who are often instructed by Solicitors. Solicitors will refer a case to a Barrister when courtroom representation is needed, particularly for more complex or serious cases. Barristers are usually experts in specific areas of law, such as criminal, civil, or family law.

What is a Solicitor Advocate?

A Solicitor Advocate is a Solicitor who has obtained additional qualifications known as ‘Higher Rights of Audience’ which allows a Solicitor to represent clients in higher courts, such as the Crown Court, High Court, Court of Appeal, and Supreme Court, where advocacy work was historically carried out by Barristers, and with the same level of qualification as Barristers.

While Solicitors primarily deal with legal advice, document preparation, and lower court representation, Solicitor Advocates will perform the same role, however they are also trained to perform advocacy tasks, such as presenting cases, making legal arguments, and cross-examining witnesses in more complex and high-profile cases.

This role allows clients to have a singular point of contact for both legal advice and court representation, rather than needing to instruct, and pay, for both a Solicitor and a Barrister, separately. In essence, instructing a Solicitor Advocate means that you have one single lawyer who can deal with everything from the start to the end of your matter – essentially a combination of a Solicitor and a Barrister.

Conclusion

Choosing the right legal professional is key to ensuring your case is handled effectively. Depending on the complexity of your issue and whether court representation is needed, it’s essential to find a legal expert with the right skills for the job. For those navigating more complex legal matters, especially when higher court representation is involved, a professional who can offer both legal guidance and courtroom expertise may be exactly what you need to secure the best possible outcome.

How can Ellis Jones help?

If you decide to seek assistance, our team of Dispute Resolution experts at Ellis Jones includes both Solicitors and Solicitor Advocates who cover a host of specialisms across the fields of civil, commercial, property, contentious trusts and probate, and regulatory litigation. For more information, call 01202 057867 or email resolution@ellisjones.co.uk