Outside law, there’s always a common misconception about the differences between a barrister and a lawyer.
While many may think being a lawyer is equivalent to being a barrister, this is usually not so as they each have guides that surround their obligations and limitations.
In this article, we’ll explain the fundamental differences between these two legal professions.
Who is a Lawyer?
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A lawyer also referred to as an attorney (US), is a professional qualified to practise law. A lawyer is a general term given to anyone who has successfully been inducted into the law profession after successful completion of his studies in an accredited law school.
By practice, he can choose to either represent parties at lawsuits and trials or give out legal advice. In the first instance, he becomes a ‘barrister’ while legal advisors are specifically referred to as ‘solicitors’.
Hence, the term lawyer is an umbrella term used to describe the major professions under a law degree. These professions include the advocate/barrister and solicitor.
Who is a Barrister?
A barrister is a legal practitioner that has full rights to speak and argue as an advocate for a party in higher law courts. A lawyer is required to first pass the bar examinations before going on to become a barrister.
Who is a Solicitor?
A solicitor is any lawyer who deals with legal matters by specialising first in any area of law such as criminal law, family law, civil law, etc. Their roles are often to offer legal advice on these subjects to potential clients. This is done outside a court.
Differences Between a Lawyer and a Barrister
The major differences between a lawyer and a barrister are best described through each of their legal functions or jurisdictions.
From the previous definitions above, we deduce a typical difference between both professions in that while a ‘lawyer’ is an encompassing term for many legal professions, a ‘barrister’ is a type of lawyer.
Other professional differences that exist between these two roles include:
- A lawyer can choose to be either a solicitor or a barrister. These are the two major top divisions of specialization in the law profession. Hence we can understand that all barristers are lawyers but not all lawyers are barristers.
- A barrister is a court expert who deals with higher court matters. Also known as a court advocate, this profession is responsible for representing clients in a court.
- A solicitor on the other hand, is a lawyer that gives legal advice to clients on specific legal areas they have expertise in.
- A lawyer is required to pass the bar examination before becoming a barrister. A lawyer on the other hand, does not need the bar exam to retain his title as a lawyer—that is, after successfully completing a law degree, an individual remains a lawyer whether or not he chooses to sit for the bar examination.
- Unlike usual lawyers/solicitors, a barrister never handles the preparation and signing of wills or contracts of clients.
- Barristers are often involved in the process of pursuing actions relating to legal documents drafted for clients by lawyers.
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- Barristers are mostly found in higher court representations and they deal with high-profile cases. Usual lawyers or solicitors on the other hand, only have access to representing clients, particularly in a magistrate court.
- In some countries, however, the roles of both a usual lawyer and a barrister are fused. Meaning that the duties of both professions can be carried out by the same person after a law degree. Typical examples of countries that operate with this fused system are Nigeria and the USA.
- In Nigeria, a person with a law degree that passes the bar exam has a full license to practise as both a solicitor and a barrister.
- In countries like the UK however, the roles of a solicitor and a barrister remain separate. That is, no solicitor is allowed to practise the role of a barrister and vice versa.
Conclusion.
The division of roles in the legal profession is necessary to ensure the optimal functioning of the legal setup of any country.
It is important that you are aware of the differences between a ‘barrister’ and a ‘lawyer’. This will enable you to get properly informed before venturing out into the legal world either to make use of their services or get into the profession.
