What is the Difference Between Solicitor and Lawyer in Australia?
What is the difference between solicitor and lawyer? In a word – none. In Australia, lawyers and solicitors are the same thing. Lawyers in Australia are admitted to practise as a “barrister and solicitor” and are referred to as “Australian legal practitioners”. Other descriptors used occasionally for solicitors are attorneys and solicitor advocates.
What this means is that solicitors and barristers (also generically known as lawyers) can all do the same things. In other words, in Australia, it doesn’t matter what kind of lawyer you see, because a solicitor will be able to complete any legal services for you. This article explains the subtle differences between barristers and solicitors and why it doesn’t really matter which one you see for legal representation.
What is the Difference Between Solicitor and Lawyer?
As we have established, there is actually no difference between solicitor and lawyer. A solicitor is a type of lawyer who will offer you legal advice and help you prepare any legal documentation such as contracts, wills, and mortgages.
Solicitors will also go to court on your behalf for both criminal and civil cases, particularly in the Local Court. Solicitors generally do not appear in trials in the District and Supreme Courts, although there is nothing to preclude them from doing so. Generally a solicitor will brief (i.e. work with) a barrister for such cases, but will do much of the preparation work for the case, as well as assist the barrister in presenting the case in court.
If you need help with a will, or any other type of legal documentation like a mortgage, you need to see a solicitor. Solicitors are great at giving you advice and helping you understand your rights and what you can do, but they don’t do well in court. If you need help in court, you need to see a barrister.
What is the Difference Between Barrister and Lawyer?
There is no difference between barrister and lawyer. A barrister is a lawyer who spends most of his or her time representing clients in courtrooms. Most of the time, a barrister will be briefed by a solicitor to represent a client in court in a civil or criminal case. Barristers also provide legal advice, sometimes on specific issues at the request of a solicitor, but also more generally. Some barristers take instructions directly from clients, but many will only take instructions from a client via a solicitor.
Barristers generally have no involvement with non-court matters such as wills, mortgages, or business contracts. Solicitors tend to have the monopoly on these types of matters.
Which Type of Lawyer Should You See?
Barristers and solicitors offer some of the same legal services, where court matters are concerned, so it really doesn’t matter which one you see for a court matter. The important thing to know is that you need to see a lawyer as it would be unwise to represent yourself in court. So if you ever need to go to court, you should see a lawyer. If you are doing any type of business, or have any kind of contract with another person, you will probably have to have a solicitor represent you in court. If you ever have any questions about your rights, or you need advice about a contract, you should see a solicitor. If you are ever arrested, no matter what the charge is, either a solicitor or a barrister can help you. (Some barristers won’t take instructions from you directly, though).
The Bottom Line
If you need legal assistance, you need to see a lawyer, regardless of whether they are a barrister or solicitor. If you are ever arrested or if you are ever involved in a legal dispute in court, you can see a solicitor or a barrister for help in court. If you want help with any other legal matters outside of court, you need to see a solicitor. If you want a will, or you want to buy a house, you need to see a solicitor. If you want to start a new business, speak to a solicitor. If you want to know if you have a case, or if you want legal advice, you can see a solicitor or barrister. If you want to know how to win your case, or if you want help in court, you can see a solicitor or barrister. Both are lawyers.
For all criminal court matters, call solicitors Criminal Lawyers Sydney and Suburbs on (02) 9533 2269
