Barrister vs solicitor
Solicitor and barrister, these two legal professions have always been a sort of confusion. Though they pertain to the legal profession, there are visible differences between a solicitor and a barrister.
While a solicitor handles legal things outside a court, a barrister handles legal matters inside a court, arguing cases before the court.
A solicitor is a person who provides legal advises to the clients and one who prepares legal arguments among other things. After all this is done, the barrister takes up the case before a judge.
In most countries there is clear division of labour between a solicitor and a barrister. While a solicitor can solicit clients directly, the barrister does not have this right. It is the solicitor who refers cases to a barrister if there is a need for the case to go to the court. It is the solicitor who decides if a client requires a barrister or not. This means that the clients have direct contact with the solicitor only and the barrister comes into the scene only if the case is brought to the court.
The clients normally do not directly instruct the barrister about the case. But it is the solicitor who instructs the barrister on behalf of the client. So this means a client instructs a solicitor first and then he instructs the barrister.
A solicitor is also an attorney, who acts in place of their client for several legal purposes like signing contracts and conducting litigations. However, a barrister cannot act in this way, as he is not an attorney. He is forbidden to act in this manner by law or by professional rules.
Another difference is that a barrister is an advocate who has specialised in a particular area. On the other hand, a solicitor, who may also have specialisation in some area, is primarily only a litigator.
While a barrister spend most of his time inside a court placing his arguments and addressing the judge, a solicitor only comes to the court rarely. A solicitor may come to the court for just supporting a barrister for taking notes or handing over important documents to him.
The barristers can be distinguished from a solicitor from their apparel. The barrister will be wearing gown, stiff collar and bands. But this differs from one country to another.
Summary
1.While a solicitor handles legal things outside a court, a barrister handles legal matters inside a court.
2.A solicitor is a person who provides legal advises to the clients and one who prepares legal arguments. But a barrister takes up the case before a judge.
3.While a solicitor can solicit clients directly, the barrister does not have this right.