Barrister vs Solicitor in Australia: What’s the Difference?

Prefer to watch instead? See our video on the difference between barristers and solicitors in Australia.

The law is full of jargon. One of the most common points of confusion is the difference between a solicitor and a barrister. This can be especially confusing for foreign clients. To make things trickier, barristers are also often called counsel, and the word lawyer or attorney is often used as a general term for both in Australia.

If your legal issue involves advice, negotiation, a transaction or a dispute, you will usually deal with a solicitor first. If the matter requires specialist advocacy or court work, your solicitor may then brief a barrister.

Although people often associate the legal system with shows like Suits, Australia works differently from its US counterpart. In practice, solicitors and barristers have different roles that vary slightly between different Australian states and territories.

What is a solicitor?

A solicitor is normally the first point of contact when someone requires legal advice.

Solicitors can help with a wide range of day-to-day legal matters. They work within law firms and are the main link between the client and everyone else in the matter. Other parties in a matter can include a barrister, the opposing lawyers, and any experts or witnesses.

Solicitors carry out the nuts and bolts of a transaction or dispute. In a litigation context, that means:

• gathering evidence;
• understanding the facts;
• managing communication; and
• getting the case in its best form before it goes to court.

Your solicitor may brief a barrister where specialist advice is needed or when your matter goes to court and continue to manage the matter as a whole. It’s important to note that in this setup, the solicitor is the barrister’s client and is, therefore, personally responsible for paying the barrister’s fees. This is a common reason (although not the only reason) that solicitors ask for money to be paid into their trust account before engaging a barrister.

Can a solicitor appear in court?

Yes. Solicitors can and do appear in court.

Whether a solicitor appears depends on several factors, including:

• the type of matter;
• the court;
• the complexity of the hearing; and
• the solicitor’s own experience.

In many routine, procedural or less complex matters, a solicitor may appear without a barrister. In more complicated hearings, trials or appeals, clients will almost always have both a solicitor and a barrister, with the barrister being more focused on advocacy.

What is a barrister?

A barrister is an independent specialist advocate and adviser, trained specifically in disputes and court work. Barristers are usually briefed by solicitors to appear in court, advise on difficult legal issues, settle pleadings and assist in forming a case strategy.

Barristers are self-employed and work from chambers rather than law firms. This helps them to maintain their independence.

In some courts in Australia, they are also easy to spot as they wear a wig and robes.

Most commonly, barristers are engaged through solicitors, although in some circumstances they may also accept direct briefs.

What is the difference between senior counsel and junior counsel?

Barristers are divided into junior and senior counsel.

Senior Counsel (or King’s Counsel in the UK) have been recognised by their peers and the judiciary as having achieved a particularly high level of skill and expertise. They are briefed in more complex, high-value or strategically important matters. An experienced Senior Counsel often will not appear for a client without both an instructing solicitor and a junior barrister to assist them.

How do barristers and solicitors work together?

The best outcome for a client in a dispute is usually achieved when a barrister and solicitor work together early in a matter.

This allows an overall case strategy to be developed from the outset.

It gives the barrister ownership of the case and the overall evidence preparation. It allows them to get to know the client and to anticipate any weaknesses or shortcomings in the evidence in plenty of time to minimise their impact on the overall case strategy.

In simple terms, the solicitor usually manages the matter, the documents and the client relationship, while the barrister brings specialist advocacy skills and court-focused expertise.

A recent case study on barristers and solicitors in court shows how this distinction can matter in practice when a hearing is about to begin.

Which one do you need?

In most cases, you start with a solicitor.

A solicitor can advise you on your rights and options, manage the matter, and tell you whether briefing a barrister is necessary. If a barrister is needed, your solicitor will usually be able to recommend someone with the right level of experience and skill set for your particular dispute or hearing.

How does Argyll Law work with barristers?

At Argyll Law, we have a pool of barristers we regularly work with across Australian jurisdictions. We often bring counsel into a matter early so that case strategy, evidence preparation and risk management are considered from the beginning.

This way, we can strengthen our client’s position early and deal with any weaknesses or gaps in our client’s case before they have a chance to become bigger problems. In the right matter, this improves the chances of a strong negotiated resolution and, where necessary, puts the case in the best position if it reaches court and a full final hearing. These considerations are especially important for overseas businesses involved cross-border disputes in Australia.

Frequently asked questions about barristers and solicitors in Australia

Is a barrister more senior than a solicitor?

Not necessarily. They have different roles. A barrister is a specialist advocate, while a solicitor manages the matter and advises the client more broadly.

Is a lawyer the same as a solicitor or barrister?

“Lawyer” is a general term for a qualified legal practitioner. In Australia, both solicitors and barristers are lawyers.

Do I need both a solicitor and a barrister?

Not always. Many legal matters are handled entirely by solicitors. Barristers are more commonly used when a matter is complex, likely to lead to a significant court hearing or requires technical specialist advice.