Legal matters are pretty complex and relatively confusing, especially to an average citizen. But, interestingly, you do not need to know everything about the law or the Australian legal system in detail to navigate legal issues. All you need is to know the basics and, most importantly, a good lawyer. And by good, I mean an experienced specialized legal practitioner – a lawyer specialized in the area you need help in and experienced in the kind of service you need.
So, how do you know the kind of lawyer you need?
Well, first, you need to understand the different types of legal practitioners there are in Australia. From there, you can go deeper into examining practices under each category in detail.
In this overview, we will delve into Australia’s diverse landscape of legal professionals and explore the main types of lawyers in Australia – solicitors and barristers. We will look at who they are, their specialization, and their differences.
Barrister vs Solicitor: What is the Difference?
Notably, both barristers and solicitors are certified legal practitioners. Their specialties and responsibilities, however, differ significantly.
In general, solicitors are the basic starting point for anyone seeking legal services, while barristers are court advocates. In other words, although they can also provide courtroom-related services, solicitors usually handle non-court roles – work outside the courthouse. Their responsibilities lie largely in advising and doing transactions that require legal processes.
Barristers, on the other hand, do more court work than non-court. They offer services more related to a courtroom, advocating for their clients. Let’s have a closer look at each to better understand the difference between them.
Solicitors
Solicitors are legal professionals who specialize in day-to-day legal matters. Their responsibilities span nearly all legal matters and affairs. This means they can handle virtually any legal issue. More specifically, solicitors’ primary responsibilities include offering professional legal advice (on personal, institutional, or commercial matters) and drafting legal documents.
Solicitors are skilled in assessing various situations, gauging the legal implications involved, and advising accordingly. They specialize in assessing and understanding the complexities and consequences of law in various situations. This enables them to find the best alternative solutions other than litigation.
As for legal documents, solicitors are experts in creating nearly all kinds of personal and corporate legal documents as required by the law. They assist in crafting documents, such as wills, deeds, contracts, memorandums, etc., that clearly and legally communicate your interests and intentions per the law.
Besides offering legal advice, solicitors are also professional negotiators. They can partake in negotiations on your behalf. They work towards helping secure the most favorable deal for you. The lawyers can take part in both personal level and commercial negotiations.
In addition to that, solicitors are also expert mediators. Although they can represent you in court, usually magistrates’ and the county courts, solicitors work towards resolving disputes outside the court through mediation, eliminating the need for litigations.
Essentially, solicitors are highly skilled in problem-solving, confidentiality, communication, and interpersonal relations. And, to be a fully certified solicitor in Australia, one must be a law degree holder and have undergone practical legal training. Additionally, you must complete up to two years of supervised practice.
Barrister
Barristers are expert litigators. They are specialized in court processes, specifically presenting cases and appearing in court. Typically, barristers take up serious cases involving litigations.
When your situation demands trial, solicitors refer you to a barrister who offers more legal guidance and clarity regarding trial, assists in handling court applications, and represents you in court.
While solicitors work towards preventing litigations, barristers strive to prevent serious legal consequences or ensure the most favorable court ruling.
Typically, barristers are independent lawyers specialized in a specific field. They, however, work alongside solicitors in complex matters. Here, solicitors work behind the scenes, collecting and preparing witnesses, evidence, and other necessary materials for a comprehensive representation. Conversely, barristers work in the chambers and courtrooms, advocating for the client’s interests.
Barristers are essentially adept in case presentation and argumentation, as well as cross-examining witnesses. They have additional training that enables them to deal with complex and complicated matters and court procedures effortlessly.
What’s more, barristers have exceptional interpersonal, analytical, and communication skills. They also have top-level composure and are highly adaptive. These skills give them the ability to express arguments and ideas clearly and effortlessly, even under pressure.
Besides court advocacy, barristers can also offer expert legal advice on complicated matters. They may also consult solicitors in drafting court and other legal documents.
In Summary
The line between solicitors and barristers in Australia is considerably blurry. This is because solicitors can also appear in court to some extent, and barristers can also offer legal advice. What distinguishes them is the complexities of their responsibilities and specialization. Typically, barristers take on complex and more complicated matters that also involve court hearings, while solicitors handle non-court matters.
On the other hand, barristers are basically more specialized than solicitors are. While solicitors’ responsibilities stretch across a wide range of legal fields, barristers usually specialize in a single line, which explains barristers’ expertise in a specific field.
When faced with an issue requiring lawyer intervention, consulting solicitors is and should be your first best move. Auslaw Partners is among the best solicitors firms in Australia.
It is the best go-to firm for all legal matters pertaining to property law, family, commercial, criminal or civil litigations, and immigration laws. The firm features international partners, making it the best option, especially for immigration legal services, including business immigration, skilled, family immigration, and visa dispute settlement. The Auslaw Partner Lawyers are committed to helping their clients in finding the best practical and efficient alternative solutions. They are dedicated to achieving the best possible outcomes for their clients while ensuring the minimum emotional and financial toll of legal processes.
