What is the difference between a barrister and a solicitor?

Most people feel they have a good understanding of what a lawyer is, but are less confident in explaining what the difference between a barrister and a solicitor is. Both are lawyers, or Australian Legal Practitioners, but they have distinct roles in family and relationship disputes.

What will your solicitor do?

A solicitor will be your first point of contact, and that’s us, here at Focus on Family. Our aim is to settle your matter quickly, without the need for you to even hear the word barrister!

Solicitors assist clients with their legal matters by:

  1. identifying what the legal problem actually is (ask any law student - it’s not always obvious!)

  2. advising on the strategy to deal with the legal issues (this is where experience really makes a difference);

  3. obtaining information, documents and valuations to understand the client’s legal rights and obligations (this can take a lot longer than people want, but it’s absolutely necessary - you wouldn’t start building a house without the blueprint!);

  4. drafting letters (relevant facts and arguments, nothing more! Who wants to waste their money watching lawyers grandstand?);

  5. appointing experts and valuers;

  6. preparing for and attending mediation (if required);

  7. preparing settlement proposals;

  8. drafting documents to formalise agreements, either binding financial agreement or consent orders through the court;

  9. advising the client about procedural rules and time limits; and

  10. generally managing the client’s matter (including taking your phone call when you feel overwhelmed by the process. Tip: not all solicitors do this).

If the matter does end up in court, the solicitor prepares the evidence and court documents and instructs a barrister at the trial on behalf of the client. There is a LOT of work required to take a matter to court and the fees easily stack up beyond what anyone would think is reasonable. That’s why we aim to keep matters out of court!

Solicitors can and do regularly appear at Court. The nature of the legal matter, the experience of the solicitor, the type of hearing and the budget of the client will determine if a solicitor represents you at court or if a barrister is engaged instead.

What will your barrister do?

Barristers are lawyers who have joined ‘the bar’ which means they have given up their right to practice as a solicitor and instead have done additional training in advocacy and court procedure. They spend most of their time in court or negotiating at ‘the door of the court’. More often than not, when a matter is before the court the lawyers can negotiate an outcome on the day of the hearing without the Registrar or Judge needing to make a decision.

Barristers know the judges and the other barristers really well, which gives them a greater advantage in knowing which issues to press and how to frame your case. They can also offer invaluable forensic insight into your matter.

Typically, we will engage a barrister for you to:

  1. Appear at court for interim defended hearings or trials.

  2. Provide advice on specific issues and intricate areas of law.

  3. Settle court documents such as case outlines if the matter is complex.

  4. Attend mediation to negotiate on your behalf if there is an advantage of doing so.

An important job of the solicitor is to choose the right barrister for the case. Ideally, solicitors and barristers have good and long-standing relationships and work together to progress their client’s interests.

At Focus on Family we engage barristers all along the budget spectrum, and always to fit your needs. Whilst we like to keep matters out of court, if that’s where it needs to be, we have you covered.

Bonnie Esposito