Solicitors and Barristers - a brief comparison

Insta: @blackbeltbarrister

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[donaljamescaddye]

Here on Ireland a barrister is always instructed by a solicitor. Solicitors usually act in the District (magistrates) Court and barristers act in the Circuit (crown) and higher courts. I find all your discussions on law very interesting and clear even though we are in a different jurisdiction- Happy New Year !

[henrytwigger]

It's like the difference between actors a stage hands. Law is a pantomime and the court is a stage.

[jsk]

From watching “Midsomer Murders” it seems that a Solicitor’s job is the sit quietly and make faces while the police question you. While a Barrister will explain a situation thoroughly, completely, logically and to sufficient depth to convince one of the truth, despite what the facts may be.

[legalactivity]

How things have changed. Although I am retired now I was speaking to a Senior Barrister clerk recently who informed me that his job was now all about dealing with the direct access matters. He could not remember the last time he went to the High Court.

[safirahmed]

Understanding the basics of law, the legal system and rights including major changes to laws, rights and the legal system should be part of a free life skills course for everyone.

[davidpowell]

In the poll I ticked the "I know..." box. It appears that my statement was only broadly correct, the reality being more complex than I had realised. Thanks for clearing that up!

[akpanekpo]

What a hallucinating dog's breakfast of a situation! At the risk of disputing any of your insightful explanations, I've also heard the near-opposite: that barristers are the ones with the licence to engage in litigation, while solicitors typically offer advice to clients and draft documents such as wills and contracts (think office v courtroom work). Still, even this convenient distinction has become eroded by the described overlapping roles on both sides. I've even heard it remarked that if all solicitors did their job well enough, they'd put all barristers out of business overnight because there'd be nothing to litigate.

Why not simply bury the mind-bending confusion deep in its ancient history? (Apparently, it's the product of the English class system which restricted the lower classes to the role of "soliciting" for clients, while the better-bred peers did the lawyering, but I digress.)

The Canadians, who very sensibly grant both licences to all lawyers, simultaneously attempt to maintain the distinction in an even more puzzling way: by dividing the various subjects in their "Bar Exams" into two arbitrary categories. So, aspects of public law (e.g., Criminal Law & Procedure and Administrative Law) are in the Barrister curriculum, while the private-law ones (e.g., Real Estate, Wills & Estates, Corporate/Commercial) are in the Solicitor materials - as if barristers only practise public law and solicitors, private. (Or perhaps it's because the poor Canucks are never able to make up their minds about these matters: they've abolished the wigs and the rank of QC but still require "gowning" in Superior and higher courts.)

I'm no great fan of the Americans in many other respects, but I think they've saved themselves a lot of unnecessary confusion by having one single profession - where everyone dresses in a humble business suit.

[williamevans]

You are exceedingly well qualified, even as a barrister! Many thanks for this very useful breakdown of legal roles, and a very happy and, indeed, successful 2022 to you and your colleagues!

[ajitpatel]

Another absolutely absolutely absolutely fantastic video. More of these videos PLEASE.

[Rebecca_Baxter]

Win, lose or draw, the barrister, the solicitor and the judge all bugger off to the golf course afterward leaving the poor claimant to pick up the bill for the lot of them, I know, it's happened to me. My barrister was not interested and generally useless, I did most of his work for him during the trial, handing him the right documents, photographs etc. The BBB at least, is giving something back so thank you for that.

[Mishima]

I met a barrister once, and I asked him how he became a barrister. He said all he did was to attend 3 Bar Council dinners, know when to use the right fork, and he was in…

[hgvadtjo]

Hi just wondering if u could explain about no win no fee Solicitors as many people use them as I am at the moment for a tribunal but I didnt know at the time they could also charge u for stuff and ask for payments. I know people should research but like myself I'm well out of my depth 😒 thanks. Happy New Year hope u and ur family have a good 1.

[QuentinBargate]

I'm a solicitor and run a law firm. Your explanation, accurate enough though it is, simply serves to prove it's a compete dog's breakfast. Solicitors and Barristers ought to have merged to become a united profession years ago, as is the case in all other common law countries, as far as I am aware - so why not here? Yet instead a formal merger, what we have is a slow merger by stealth; barristers forming firms offering direct access, solicitor advocates conducting advocacy, and so on. My firm, Bargate Murray, can even be regulated by the Bar Council, instead of our regulator, the SRA. If confusion as to roles is rife amongst the public, and reason enough to consider merger, a better reason is to reduce the wasted and duplicated costs that the public have to pay.

[paulamos]

Thanks for the explanation, most informative as ever.
It would be useful if you could explain what the costs are? (in general terms, eg solicitor, barrister, QC & Court fees.) There are lots of negative comments coming in about the cost of being represented, some no doubt from experience but others passing on 2nd-6th hand information.
Have a very happy new year and look forward to the 1st live chat when you restart them.

[roncouch]

Interesting: it would appear, from this explanation, that the Isle of Man’s legal firms are run by ‘Solicitor Advocates’ : more commonly referred to as simply: “Advocates”, which I dare say, is not only ‘convenient’ it sounds more, shall we say, grand. My hearsay understanding is Advocates act very like ‘direct access Barristers’ and can both litigate and represent their client in court. However, for major crimes like murder, grand theft and those crimes deemed as terrorist based, it is common practise to call in a Barrister from the UK….(open to verification….)

[lindsayheyes]

Thanks BBB, for explaining the difference between litigation and representing the client's case.
Q. Would you explain the rôle, capacity and competence of Alternate Dispute Resolution Providers, and ADR in general. It seems to me that some cowboys offer a similar service without being qualified or registered in accordance with the ADRP Act.

[wjfne]

Thanks for the explanation, I hope I never have to avail of the services of any solicitor or Barrister.
I wish you and yours a happy, health and prosperous new year.

[radders]

Wow, what a bloody good explaination! I have always wondered that question.

Just to add, I think that you are the most articulate person on youtube, and that is refreshing.

Well played mate, well played!

[Riotlight]

I’m still a little confused. Is there any particular situation where I would need one instead of the other? I feel like I’d always go to a solicitor and let him work it out.

[lenny]

Not sure if I understood correctly, but:
1. Both barrister and solicitor can represent you in court?
2. Solicitor will do all the steps on your claim (and you pay for the full package) while a barrister will typically allow you to do some of the legwork and generally be more involved in the case, and it's your choice if you'll opt for the full service, minimal service or something in between?