There is often two key advantages to bypassing a solicitor and using a barrister if your case goes to court, which are:
- Direct access to a barrister provides the opportunity for cost savings, as it is no longer necessary to employ both a solicitor and a barrister.
- Barristers are generally more experienced in the courtroom, as solicitors typically spend most of their time outside of court or instructing barristers.
What is the difference between a lawyer, solicitor and a barrister?
A lawyer is a very general term that applies to both solicitors and barristers, it can be used to describe anyone who is qualified to give legal advice.
While a solicitor can appear in court on behalf of their client, a barrister is considered a specialist in court work. Historically, a barrister would mainly present a case before a judge and solicitors focused on legal work outside the court. In the state of New South Wales, legal representation is still a split profession. But changes in the legal system have created many over laps in responsibilities, this has blurred the lines between a solicitor and barrister. These law reforms allow barristers to accept direct access work.
In many other countries, including the United States of America, they have fused the two separate systems of legal representation together, and an attorney can now perform all solicitor and barrister functions.
- “Consumer/barrister relationship clarified”, retrieved January 17, 2016, https://www.accc.gov.au/media-release/consumer/barrister-relationship-clarified-by-accc-and-nsw-bar-association ,
- “Things to consider before using a lawyer”, retrieved January 17, 2016, http://www.legalaid.wa.gov.au/InformationAboutTheLaw/legalproblem/lawyers/Pages/ThingsToConsiderBeforeUsingALawyer.aspx ,
- “Solicitor”, retrieved January 17, 2016, https://en.wikipedia.org/wiki/Solicitor ,