What is the difference between barristers and solicitors

In New Zealand, barristers and solicitors are two distinct types of lawyers, each with different roles, functions, and responsibilities in the legal system. While they both provide legal services, their roles differ in terms of how they work and what they do.

Solicitors:

• Role: Solicitors are lawyers who typically provide general legal advice, draft legal documents, and handle day-to-day legal matters. They often work in law firms or as in-house lawyers for businesses or organizations.

• Functions:

  • Legal Advice: Solicitors are the first point of contact for clients seeking legal assistance. They give advice on a wide range of legal issues, such as contracts, family law, property law, and employment matters.

  • Drafting Documents: They handle the preparation of contracts, wills, legal agreements, and other documents.

  • Transactional Work: Solicitors often deal with transactional legal work, such as property sales, business transactions, and other non-contentious legal matters.

  • Client Representation: Solicitors typically deal with clients directly and communicate on their behalf. If the matter requires court proceedings, solicitors will often brief barristers to represent the client in court.

Barristers:

• Role: Barristers are specialist courtroom lawyers who focus primarily on representing clients in court, particularly in complex or contentious legal matters. They are experts in litigation (court cases) and advocacy.

• Functions:

  • Court Representation: Barristers act as advocates in court, representing clients during hearings, trials, and other proceedings.

  • Legal Expertise in Specific Areas: Barristers tend to specialize in specific areas of law, such as criminal law, family law, or commercial law. They have extensive experience in litigation and are often hired for their expertise in arguing cases in front of a judge.

  • Briefed by Solicitors: Barristers don’t generally deal directly with clients; instead, they are usually hired (or "briefed") by solicitors to represent the client in court. A solicitor will prepare the case and then engage a barrister to argue it in court.

Key Differences:

1. Scope of Work:

   • Solicitors focus on giving legal advice, preparing documents, and managing legal matters outside of the courtroom.

   • Barristers specialize in representing clients in court and providing expert advocacy in legal disputes.

2. Client Interaction:

   • Solicitors usually have direct contact with clients and handle the ongoing management of legal cases.

   • Barristers typically work with clients only through solicitors and don’t have direct client interaction unless specifically instructed.

3. Role in Court:

   • Solicitors may appear in court for less complex matters, but they usually prepare the case and hire a barrister for more complex court proceedings.

   • Barristers are the experts in litigation and are specifically trained to represent clients in court, including delivering arguments and questioning witnesses.

4. Independence:

   • Solicitors work within law firms or as in-house counsel for organizations.

   • Barristers often work independently and are usually self-employed, renting offices from "chambers" and working on a freelance basis.

5. Qualification and Admission:

   • In New Zealand, a lawyer can practice both as a solicitor and as a barrister, but many choose to specialize in one role. To become a barrister, a lawyer must complete additional training and be admitted to the bar.

Can a Lawyer Be Both?

Yes, in New Zealand, many lawyers practice as both solicitors and barristers, known as "barrister and solicitor". However, some lawyers choose to specialize only in one area—becoming a barrister or a solicitor. If a lawyer wants to practice exclusively as a barrister, they must apply for a "Barrister Sole" certificate and join the Bar Association, which gives them the right to represent clients in higher courts.

In Summary:

• Solicitors: Provide legal advice, prepare documents, and manage legal matters, including hiring barristers for court cases.

• Barristers: Specialize in courtroom representation, legal advocacy, and litigation.