Difference between barrister and a solicitor
Barrister vs solicitor:
From the very beginning of the civilization, man recognized the need of a system that set out certain norms, rules and regulations to which everyone must abide by, as it was felt necessary that such a system was required in order to maintain peace and harmony within a society. Thus, legal systems were formed all over the world and these systems differed greatly from one country to another as each system was custom made to suit the needs and the requirements of its citizens. Because of these legal systems, many legal professions saw the light of the day. Barrister and solicitor are two such legal professions that were thus born due to the many developments that occurred in the field of law over the years.
A barrister belongs to one of the two categories of lawyers that exist in the common law system who is mainly deemed responsible for courtroom advocacy, drafting legal pleadings and giving expert legal opinions. Thus they plead in court and present their cases before a judge or a jury. A barrister however, is not an attorney and thus he is forbidden from conducting litigation unless he or she is instructed by other qualified clients such as patent agents or solicitors. Barristers are regulated by the Bar of the jurisdiction where they practice. a Bar refers to all the members of the barrister profession within a certain jurisdiction.
A solicitor is the other category of lawyers that exist in the common law system of whose responsibilities are in preparatory work and advice such as drafting and reviewing legal documents, preparing evidence, dealing with and receiving instructions from the client, managing the day-to-day administration of a matter and the like. However, solicitors who wish to practice in England and Wales are required to pay an annual fee to the Law Society of England and Wales in order to obtain a Practicing License. It is also possible to become a solicitor by being admitted in to the Fellow of the Institute of Legal Executives (FILEX) and completing the due number of practical experience as well as studying the Legal Practice Course instead of having attended university.
Difference between solicitor and barrister
The common law legal system usually divides its legal practitioners in to two legal professions such as solicitors and barristers. While this is a trait that is unique to the common law legal system, in other legal systems, lawyers are often permitted to perform the duties of both solicitor and barrister, thereby allowing greater flexibility as well as convenience for a client.
A solicitor is usually an individual who is responsible for the preparatory work with regards to a case, thus engaging in direct liaison with a client. A barrister on the other hand does not have the right to liaise directly with the client. On the advice of the solicitor, a barrister takes the case to court and presents it in front of a judge or jury. Thus it is a solicitor who decides whether or not a barrister needs to be involved in a case. On the other hand, a barrister will have rights of audience in the higher courts while other legal professionals including solicitors will have limited access to this facility.
Another factor that differentiates the two professions is the fact that a solicitor is entitled to act as an attorney and therefore act on behalf of the client in legal matters such as signing contracts and conducting litigations. A barrister, however, is forbidden from performing such actions by certain rules and ethic of the profession.
A barrister will usually have an extensive and a specialized knowledge on case law, precedent and the skill of building a case. Thus he or she can be deemed as an individual who is specialized in a particular area whereas a solicitor is primarily a litigator who may or may not have any specialized areas of interest. However, barristers are often seen at court whereas solicitors are rarely seen inside court rooms. They only come to court with the aim of supporting a barrister or taking notes regarding a certain case when the barrister needs documents and notes to support his or her case. Barristers and solicitors are easily recognizable in court from one to another by way of appearance as well. Barristers are still seen to be wearing a horsehair wig, stiff collar, bands and a gown whereas solicitors do not usually wear a wig. However, from the year 2008, advocates are also entitled to wear a wig but their gown is generally different from that of a barrister.
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