What is the difference between a solicitor and a barrister?
Both are qualified lawyers, but they do different jobs. Knowing which one you need, or whether you need both, can save you time and a great deal of money.
The short answer
In England and Wales the legal profession is split into two main branches. Solicitors usually run a case from start to finish: they take your instructions, manage correspondence, gather documents, deal with the other side, handle money and keep the file moving. Barristers are specialist advocates and advisers: they give expert opinions on difficult points of law, draft key court documents and represent people at hearings.
A helpful way to picture it is that a solicitor is like a general practitioner who looks after the whole of your matter, while a barrister is like a consultant brought in for a specific, expert task. Many cases use both. Increasingly, though, people go straight to a barrister for a defined piece of work, which is what the Public Access scheme allows.
How solicitors and barristers differ
What they do day to day
Solicitors manage cases, run transactions, take witness statements and conduct litigation. Barristers advise on law and strategy, draft pleadings and skeleton arguments, and argue cases in court and tribunals.
Who regulates them
Solicitors are regulated by the Solicitors Regulation Authority. Barristers are regulated by the Bar Standards Board, and every practising barrister should appear on the Barristers' Register.
How they work
Most solicitors work in firms, often with teams and support staff. Most barristers are self-employed, practising from chambers that share clerks and premises, so each barrister is individually responsible for their own work.
Rights of audience
Barristers have full rights to appear in every court, including the Crown Court, High Court and Court of Appeal. Solicitors can appear in lower courts and some obtain higher rights, but complex or high value hearings usually go to counsel.
How they charge
Solicitors usually bill by the hour across the life of a case. Barristers more often quote a fixed fee for a defined task, such as a written advice or a day in court, which makes costs easier to predict.
Handling money and the file
Solicitors can hold client money and conduct litigation on your behalf, including issuing claims and serving documents. Barristers generally cannot hold client money and, unless specifically authorised, do not conduct litigation.
Training and qualification
Both professions start with a law degree or a conversion course. Solicitors now usually qualify through the Solicitors Qualifying Examination and a period of qualifying work experience. Barristers take the Bar course, are called to the Bar by one of the four Inns of Court, and then complete pupillage, a year of supervised training in chambers, before they can practise on their own account.
After that, barristers build a specialist practice. Some become senior juniors with decades of courtroom experience, and a small number are appointed King's Counsel. Experience matters a great deal in pricing, which is why a junior barrister can be a proportionate choice for a straightforward hearing while a complex appeal may justify someone more senior.
When you need a solicitor, a barrister or both
You will usually need a solicitor where a matter involves heavy ongoing administration: a long running piece of litigation with large volumes of disclosure, a property purchase, the administration of an estate, or anything requiring the lawyer to hold money or formally act as your representative on the court record.
A barrister is often the better first call where you need a clear expert view on your position, a document drafted to a high standard, or someone to stand up for you at a hearing. Examples include a financial remedy hearing in a divorce, a child arrangements hearing, a possession hearing, a contested probate claim, a tribunal appeal or a costs hearing.
Many people who are comfortable handling their own correspondence and filing choose to act as a litigant in person and bring in a barrister only for the parts that matter most. That approach can keep costs well below the cost of a solicitor running the whole case.
Can I go straight to a barrister?
Yes, in many cases. Under the Public Access scheme, also known as direct access, members of the public and businesses can instruct a suitably trained barrister without going through a solicitor. The barrister must decide whether the case is suitable for Public Access and whether you can manage the tasks a solicitor would otherwise do, such as filing documents with the court. Their professional obligations under Bar Standards Board rules and Public Access guidance require them to explain this clearly before accepting instructions.
Public Access is not available for every matter. Criminal cases funded by legal aid, and cases where the client would struggle to handle the administration, may still need a solicitor. Where that is so, a barrister will tell you, and you can still instruct counsel through a solicitor in the normal way.
What does each one cost?
Solicitors' hourly rates vary widely by region and seniority, and the total depends on how long the matter runs. Barristers generally quote a fixed fee in advance for each piece of work. As a broad guide, a day in court with an experienced barrister commonly starts from around £2,500 plus VAT, including preparation and a conference beforehand, while a shorter hearing or written advice is usually less. Quotes always depend on the barrister's availability, the volume of papers and the complexity of the case.
Our cost calculator on the home page and enquiry pages gives a broad indication before you contact us.
How Clerk & Counsel helps
If you are unsure whether you need a solicitor or a barrister, send us a short summary of your situation. We will tell you whether your matter looks suitable for a direct access barrister, suggest suitable counsel from our panel, and come back with availability and a quote. If a solicitor would serve you better, we will say so. You are never committed until you decide to instruct.
Common questions
Is a barrister higher than a solicitor?
No. They are different branches of the same profession, not a hierarchy. A barrister specialises in advocacy and advice, a solicitor in case management and transactional work. Both are fully qualified lawyers.
Do I need a solicitor to instruct a barrister?
Not always. Under the Public Access scheme you can instruct a trained barrister directly for many civil, family, property and employment matters, provided the barrister agrees the case is suitable.
Is a barrister more expensive than a solicitor?
A barrister's daily rate can look higher, but because barristers usually quote fixed fees for specific tasks, going direct for a defined piece of work is often cheaper overall than paying a solicitor by the hour throughout a case.
Can a solicitor represent me in court?
Yes, in many lower courts and tribunals. For complex hearings, the High Court or appeals, a barrister is usually instructed because advocacy is their core skill.
How do I check a barrister is properly qualified?
Search the Barristers' Register published by the Bar Standards Board. It shows whether the barrister holds a practising certificate and whether they are authorised to accept Public Access work.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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