Lawyer, Solicitor, Barrister…what’s the difference?
The term Lawyer is a generic term used to describe anyone who is a Licensed Legal Practitioner qualified to give legal advice in one or more areas of law. Barristers and Solicitors are both types of lawyers.
Solicitors are engaged by clients to provide legal services which include a broad variety of transactions, disputes, advice or representation. A Solicitor's clients range from individual people, groups, private companies or public sector organisations. A solicitor is heavily involved in the day-to-day legal affairs of their client which include taking instructions, drafting letters and other documents and negotiating with other stakeholders on their client’s behalf. While they often appear in court, a large amount of their time is spent outside court. Where a matter (usually a dispute) is particularly important, complex or ‘document heavy’, a solicitor might recommend to their client to involve a barrister in the case.
Barristers spend most of their time in court and are not generally involved in the day to day running of a legal file. In most cases, barristers are not engaged by clients direct and can only be engaged by a solicitor. Barristers are usually brought into a matter for a specific task – for example to provide advice on a difficult issue or to appear in Court. They have limited direct contact with the client and rely on the solicitor to provide them with instructions and relevant documents. Maintaining a distance from the client and the file frees the barrister up to focus on their argument or advice.
And yes, if you’re wondering who wears the wigs – it is the Barristers. You might find it interesting to know that a Barrister’s full kit, including wig and robe, costs between $2000-$3000!
Nowadays some Queensland judges appear to be taking a more relaxed approach to wearing wigs. Increasingly judges will take off their wigs when entering court. That is a cue for barristers to follow suit. However, if the judge is wigged, the barristers must also be.