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Practical Differences between Barristers and Solicitors

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The practical difference between the two professions is twofold:

•  The barrister will usually be the lawyer who represents litigants as their advocate before the courts of that jurisdiction.  A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so.

•  Barristers often have a more specialised knowledge of the law.  When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.  The prohibition on barristers taking instructions directly from the public has been partly abolished, but in practice, direct instruction is still a rarity.

Barristers operate as sole practitioners, and are prohibited from forming partnerships.  Barristers normally band together into "chambers" to share clerks (administrators) and operating expenses.

Some chambers grow to be large and sophisticated, and have a distinctly corporate feel.  Some barristers, on the other hand, are employed by firms of solicitors, banks or corporations as in-house legal advisers.

In court, barristers are often visibly distinguished from solicitors by their apparel.  For example, in Ireland, England and Wales, barristers usually wear a horsehair wig, stiff collar, bands and a gown.

Practical Differences between Barristers and Solicitors