What is the difference between a lawyer, a solicitor and a barrister?

Understanding the difference between a lawyer, a solicitor and a barrister

Legal terminology can be very confusing, particularly if you’re experiencing legal processes for the first time. From understanding the differences between job titles and descriptions, to knowing when you need a solicitor or a barrister, it can be daunting to know where to turn and what to do first.

In this guide, we set out the key terminology around the legal professions, and how to know where to turn for support when you need it most.

What is a lawyer?

Technically speaking, the term ‘lawyer’ hasn’t got a defined meaning in UK law. Instead, it is used as a generic, catch-all term to refer to anyone who is licensed to practice law, provide legal advice, or represent clients in court. This can include:

• Solicitors
• Barristers
• Conveyancers
• Arbitrators
• Chartered legal executives

Generally, the term ‘lawyer’ is used interchangeably with solicitor in the UK, though it’s important to know that they do not mean the same thing.

What is a solicitor?

A solicitor is a qualified legal professional who provides legal advice and representation for clients across a wide range of legal matters. This could include buying property, handling family matters, business transactions, or making a claim for personal injury or medical negligence.

Solicitors can represent individuals, groups, private companies or public sector organisations, and act as a primary point of contact for clients in most legal situations you will encounter.

Most solicitors will specialise in a particular area of law; for instance, a medical negligence solicitor would provide support and legal representation when making a claim for negligence in a healthcare setting, while an industrial disease solicitor would advice you if you’d been made ill due to your occupation.

How will a solicitor help me?

Depending upon the complexity of the case and area of law, a solicitor’s tasks can vary substantially. However, generally speaking a solicitor will:

• Provide expert legal insight and advice, explaining clearly how the law applies to your case and recommending what actions you can take to move forward successfully
• Handle legal paperwork and submissions to the court, preparing all documentation and ensuring the accuracy of legal advice and procedures.
• Lead negotiations between your and the opposing party (or parties) to reach your objectives. This includes gathering any relevant information or evidence in your case and calculating claims for damages, compensation or loss of earning.

Some cases, particularly those that are more complex, may end up in court. In those circumstances, a solicitor is unlikely to represent you and will instead instruct a barrister or special advocate to appear on your behalf.

What is a barrister or advocate?

While the term barrister is used in England and Wales, they are referred to as ‘advocates’ in Scotland. Advocates are legal specialists who typically only become involved in a case if it goes to court, where they will act as the client’s representative.

The role is very similar to that of a barrister in England and Wales, though advocates in Scotland have a slightly different training process and professional body (Faculty of Advocates).

How will an advocate help me?

As with a solicitor, the assistance provided by an advocate will vary from case to case, and depending upon the area of the law. Typically, however, an advocate will advise a client on the strength of their case and how the law may apply to their circumstance.

When in court, an advocate will:

• Present their client’s case
• Examine and cross-examine any witnesses in the case
• Provide legal evidence as to why the court should support the case
• Negotiate any settlements with the other side

What are the key differences between a solicitor and an advocate?

A solicitor and an advocate can specialise in almost any area of law, from criminal law to common law, including personal injury, medical negligence and family law. While each individual may specialise in more than one, it is often the case that a solicitor or advocate will operate primarily in one area.

The key differences between a solicitor and an advocate is often at what point in the case you need legal advice and representation. For example:

• You will start most cases by speaking to a solicitor – they will evaluate your case, handle legal documentation, and potentially prepare any evidence
• You’ll likely only need an advocate if your case proceeds to court – many cases can be settled before they reach court, particularly in common law cases such as personal injury or medical negligence.
• Advocates are regulated by the Faculty of Advocates, while solicitors are regulated by the Law Society of Scotland.
• Similar to barristers in England and Wales, advocates are predominantly self-employed and work as independent practitioners

Do I need a solicitor or an advocate?

It is best to seek guidance from a solicitor when:

• You are looking for business advice or need legal documents prepared
• You need to ensure a legal document complies with the law
• You need negotiation advice

You may decide to seek advice from an advocate if:

• You need representation in court
• A solicitor has referred you to a barrister as a case they were advising on has proceeded to court

Ultimately, the decision between seeking the support of a solicitor or a barrister will come down to the likelihood of your case going to court. If you’re in any way uncertain, its often recommended that you speak to a solicitor in the first instance.

How can Slater and Gordon help?

Whether you need a solicitor or an advocate or are just looking for some advice on where best to start, Slater and Gordon can help. As one of the largest consumer law firms in the UK, we’re able to offer an end-to-end service for all your legal needs.

We’re highly ranked in prestigious, independent legal guides Chambers and Partners and the Legal 500, and are accredited by the Law Society of Scotland. Our solicitors have supported hundreds of clients right across Scotland in a variety of cases, and we work closely with many charities throughout the country who offer a full range of practical advice and support.

Call us on 0330 041 5869 or contact us online and we’ll be happy to help you.