What's the difference between a solicitor and a barrister?
In Queensland, solicitors and barristers are both highly skilled legal professionals, but they have distinct roles and responsibilities within the legal system.
Solicitors
- are usually the first point of contact for clients seeking legal advice and assistance
- provide a range of services such as drafting legal documents, giving legal advice, representing clients in negotiations, and handling administrative tasks related to legal matters
- usually work directly with their clients on a day-to-day basis, guiding them through difficult circumstances and managing their cases from start to finish
- can represent their clients in the Magistrates Court – they will engage a barrister if the case is being heard in the District or Supreme Court
Solicitors may also have experience and expertise in different types of law and may deal with a wide range of legal issues.
Barristers
- specialise in court advocacy and litigation
- focus on presenting cases in court, cross-examining witnesses, making legal arguments, and providing expert advice on points of law
- they don’t prepare wills and contracts (though they do advise on them) and they do not do conveyancing
- usually do not have direct contact with clients and are instructed by solicitors to represent their clients in court
Barristers often specialise in specific areas of law and may have extensive experience and expertise in those areas.
You can find our more about barristers at Bar Association of Queensland.
What about judges?
Judges are usually chosen from experienced barristers, although solicitors have previously been appointed as judges.
New judges are recommended to the Attorney-General and Minister for Justice by an advisory panel, which includes people such as:
- a retired judge from the relevant court to which the new judge will be appointed,
- the presidents of the Bar Association and Queensland Law Society,
- two people, one of whom must be a solicitor, who represent the views of the community and have experience in the justice system
The panel will assess applications from barristers and solicitors that meet specific criteria. They will then submit a list of candidates to the Attorney-General who will then make the final selection.