Solicitors and Barristers – What Is the Difference?

The British legal system differs significantly from most continental European systems, and one of the most notable distinctions is the division of the legal profession into two branches: solicitors and barristers. If you have ever dealt with the British legal system —or at least watched British legal dramas or read detective novels — you have likely encountered these terms. But what exactly is the difference between a barrister and a solicitor?

Solicitor or Barrister – Who Are They and How Do They Differ?

A solicitor is a legal professional who deals directly with clients, providing legal advice and services on a broad range of matters. A barrister, by contrast, is a lawyer who specialises in court advocacy, particularly before higher courts. This dual structure of the legal profession is unique to common law jurisdictions, such as the United Kingdom, Ireland, Australia, New Zealand, and several former British colonies.

Historically, the term solicitor was used to describe lawyers who assisted clients with legal matters outside court, whereas the word barrister became associated with advocacy in court proceedings. This structure has evolved over centuries and remains a cornerstone of the British legal tradition.

In England, solicitors and barristers undergo different forms of education, are governed by different regulatory bodies, and perform distinct roles within the legal system. Let us take a closer look at what each profession entails and the key differences between them.

What Does a Solicitor Do?

A solicitor is typically the first point of contact for individuals seeking legal assistance. The key aspects of a solicitor’s role include:

1. Advising clients. A solicitor provides legal advice across a wide range of matters, including family law, property, wills and probate, commercial law, employment disputes, and more.
2. Drafting legal documents. Solicitors prepare various legal documents, such as contracts, wills, powers of attorney, and property transfer paperwork.
3. Negotiating. They often negotiate on behalf of their clients, for instance when concluding commercial agreements or resolving disputes.
4. Preparing cases for court. If a matter proceeds to court, the solicitor gathers evidence, interviews witnesses, and prepares the case to be handed over to a barrister.
5. Representation in lower courts. Solicitors traditionally have rights of audience in lower courts, such as the Magistrates’ Courts and County Courts—broadly equivalent to district-level courts. They typically represent clients in civil claims up to £100,000, as higher-value claims are usually heard in the High Court, where barristers or solicitors with Higher Rights of Audience appear. In criminal cases, solicitors represent clients in Magistrates’ Courts, which deal with less serious offences carrying a maximum sentence of six months’ imprisonment. More serious criminal matters are referred to the Crown Court, where barristers usually take over.
6. Running a legal practice. Many solicitors work in private practice or establish their own firms.

While solicitors have rights of audience in lower courts, they traditionally instruct barristers to represent clients in higher courts. However, since the 1990s, solicitors have been able to obtain an additional qualification allowing them to appear before higher courts, thereby blurring the traditional division of roles.

What Does a Barrister Do?

A barrister is a legal professional who specialises in court advocacy, particularly in higher courts. The primary functions and responsibilities of a barrister include:

1. Court representation. A barrister’s principal role is to represent clients in court hearings, especially before the High Court, Court of Appeal, and Supreme Court.
2. Providing expert legal opinions. Barristers frequently produce specialist legal opinions on complex matters. Solicitors often seek their advice in such cases.
3. Analysing complex legal issues. Barristers conduct in-depth analysis of legislation, case law, and legal doctrine to develop legal strategy.
4. Drafting pleadings. They prepare procedural documents for litigation, including claims, defences, and appeals.
5. Specialisation. Most barristers focus on specific areas of law, such as criminal, commercial, or family law.

The distinction between barristers and solicitors also extends to their working environment. Barristers usually operate from chambers—sets of independent practitioners who share office space and administrative resources. Unlike solicitors, barristers are self-employed and are typically instructed by solicitors rather than directly by clients (although exceptions to this now exist).

How to Become a Solicitor

The route to qualifying as a solicitor in England and Wales changed significantly following the introduction of a new qualification regime in 2021. There are currently two parallel routes, with one gradually replacing the other:

Traditional route (available during the transitional period until 2032):

1. Academic stage. Completion of a qualifying law degree (LLB), or a degree in another subject followed by the Graduate Diploma in Law (GDL).
2. Professional training. Completion of the Legal Practice Course (LPC), a one-year course focused on the practical skills required of a solicitor.
3. Training contract. After completing the LPC, the candidate must complete a two-year training contract with a law firm.
4. SRA registration. Once training is complete, the candidate applies for admission to the roll maintained by the Solicitors Regulation Authority (SRA).

The New Route via the SQE (Since 2021)

1. Higher education. It is sufficient to hold an undergraduate degree in any subject (not necessarily in law) or possess an equivalent qualification or experience.
2. Solicitors Qualifying Examination (SQE): Candidates must pass two centralised assessments:
   • SQE1: tests theoretical legal knowledge.
   • SQE2: assesses practical legal skills.
3. Qualifying Work Experience (QWE): Two years of qualifying legal experience are required.

Upon successful completion of the SQE and the QWE requirement, the candidate may register with the Solicitors Regulation Authority (SRA) and qualify as a solicitor.

Simplified Path for Foreign Lawyers

Lawyers who already hold professional legal qualifications in other jurisdictions may qualify as solicitors in England and Wales via a simplified route. The Solicitors Regulation Authority (SRA) recognises such individuals as qualified lawyers and provides a streamlined requalification procedure.

The main requirements for foreign lawyers wishing to qualify as solicitors are as follows:

1. Higher education. The candidate must hold a bachelor’s degree or equivalent (not necessarily in law). This requirement is generally met by most foreign-qualified lawyers.
2. Passing the SQE. Foreign lawyers are required to pass the Solicitors Qualifying Examination, consisting of two parts: SQE1 (focused on the law of England and Wales) and SQE2 (practical legal skills). However, the SRA may grant exemptions from one or both parts of the examination.
3. Character and Suitability. Candidates must undergo a character and suitability assessment, which includes a review of their background and confirmation that they have not committed any serious misconduct.

Exemptions for Lawyers with Professional Qualifications

The SRA operates an exemption system that allows foreign-qualified lawyers to be exempted from certain elements of the qualification process:

1. Automatic exemptions. The SRA has assessed the legal qualifications of certain jurisdictions and agreed in advance to exempt candidates from parts of the SQE. For example, since 2023, Ukrainian advocates have been eligible for an exemption from SQE2, following an application by the Ukrainian Bar Association. Similarly, Scottish solicitors are automatically exempt from SQE2, as their training is considered equivalent to the practical requirements in England and Wales.
2. Individual exemptions. Even if your foreign qualification is not subject to automatic recognition, you may still apply for an individual exemption. You must demonstrate that your knowledge and experience are equivalent to the competencies tested by the relevant part(s) of the SQE.

The SRA maintains a list of recognised jurisdictions, which includes dozens of countries around the world, among them nearly all EU member states, Ukraine (qualification: Advocate), the United States, Canada, Australia, India, Turkey, and many others. Lawyers from these jurisdictions benefit from greater flexibility when applying for exemptions.

It is important to note that although exemption from SQE2 is realistically attainable for many foreign lawyers, the SQE1 examination is generally mandatory for all. This is because SQE1 tests knowledge of the specific law of England and Wales, which differs significantly from the legal systems of most other countries—especially civil law jurisdictions.

Thus, the simplified route for foreign lawyers can significantly reduce the time and resources required to qualify as a solicitor in England and Wales, particularly for those who already hold a recognised professional qualification in their home country.

How to Become a Barrister

The process for becoming a barrister also changed in September 2020. The current route is as follows:

1. Academic stage. Completion of a law degree (LLB) or a degree in another subject followed by a conversion course (Graduate Diploma in Law – GDL).
2. Professional training. The former Bar Professional Training Course (BPTC) has been replaced with several accredited pathways, such as the Bar Training Course (BTC), which focus on practical advocacy and professional skills.
3. Joining an Inn of Court. Candidates must join one of the four Inns of Court and complete at least 10 qualifying sessions (which may include educational activities as well as formal dinners).
4. Pupillage. After completing the training course, candidates undertake a one-year pupillage under the supervision of an experienced barrister (pupil supervisor). Pupillage consists of two six-month stages: the first mainly observational, the second involving supervised practice.
5. Securing tenancy. Following pupillage, candidates apply for a permanent position (tenancy) within a set of barristers’ chambers. The process is highly competitive, and not all candidates succeed in securing tenancy.

Appearing in English Courts: Rights and Limitations

Traditionally, barristers held a monopoly on rights of audience in the higher courts of England and Wales. However, following the enactment of the Courts and Legal Services Act in 1990, solicitors gained the opportunity to obtain an additional qualification known as Higher Rights of Audience. The first solicitors qualified under this route in 1994.

Today, solicitors can acquire Higher Rights of Audience by completing additional training and successfully passing a centralised examination. This allows them to represent clients in the higher courts (the High Court, the Court of Appeal, and the Supreme Court) on an equal footing with barristers.

As a result, although the traditional role of the barrister as the courtroom specialist remains, the boundaries between the two professions have become increasingly blurred. Many law firms now employ solicitor-advocates with Higher Rights of Audience who are able to manage complex litigation independently, without the need to instruct external counsel.

Have Higher Rights of Audience Changed the Legal Services Market? Yes and no. On the one hand, this reform has introduced greater competition and expanded opportunities for solicitors. Many large law firms now retain “in-house advocates” — solicitors with Higher Rights of Audience who can manage a case from start to finish without referring it to a barrister.

On the other hand, barristers continue to be recognised as experts in advocacy, particularly in complex cases, and many solicitors still prefer to brief barristers for court appearances, even if they themselves hold Higher Rights of Audience.

Direct Access to Barristers (Public Access)

Traditionally, barristers were instructed exclusively via solicitors. However, since 2004, the Public Access Scheme has allowed members of the public to instruct barristers directly, without going through a solicitor. From 2013 onwards, the scheme has become significantly more accessible, and today many barristers offer their services directly to clients — particularly in family, civil, and commercial matters.

Conclusion

The division of the legal profession into solicitors and barristers remains a fundamental feature of the British legal tradition and has endured for centuries. Despite the gradual softening of boundaries between the two roles, the distinction between barristers and solicitors continues to play an important part in the administration of justice within common law jurisdictions.

If you are interested in learning more about the English legal system and its application in international trade, GAFTA/FOSFA arbitration, or maritime transport — or if you require legal advice — feel free to contact me by email, Telegram, or WhatsApp.