You may be thinking about pursuing a career in the law. But from arbitrators, mediators and judges to paralegals, solicitors and barristers, there are so many paths for legal professionals, it can be difficult to decide on which one to follow.
“Lawyer” is the umbrella term given to a licensed and qualified legal professional. The term can’t be used to describe mediators or paralegals and it only applies to some judges and arbitrators. But if you become a barrister or a solicitor, you will be categorised as a lawyer.
While there is some overlap in the work that solicitors and barristers do, there are some large differences too. These include the training they undertake, their main duties, where they work and how they charge their clients.
In this article, we’re going to explain the differences between a barrister and a solicitor, so that you can make an informed decision about your next career move.
What is the difference between a barrister and a solicitor?
The biggest difference between a barrister and a solicitor is that a barrister’s main role is to represent their clients in court or at a tribunal, while a solicitor tends to carry out legal work outside the courtroom. Reflecting these different professional roles, their training is also different: a barrister takes the Bar Professional Training Course (BPTC), with a solicitor taking the Legal Practice Course (LPC) or Solicitors Qualifying Examination (SQE).
Some other differences between the two are that barristers are usually self-employed individuals, who charge their clients according to the tasks they carry out. Solicitors are generally employed by or are a partner in a law firm that bills their clients by the hour. Of course, they sometimes look different too, as barristers are often expected to wear traditional court attire, whereas solicitors don’t have any uniform.
There’s no pecking order – one profession is not more senior than the other – it just depends on which role best suits an individual’s passions and skill set. If you’re still undecided about which path you want to take, read on.
What is the role of a solicitor?
A solicitor is a qualified legal practitioner who prepares legal documents, provides legal advice, and supports their clients across a variety of areas of law, such as finance, crime, family, property or employment.
They can work for a variety of organisations too, including commercial and non-commercial law firms, private companies, government bureaus, corporations or banks.
It’s primarily a desk job, but solicitors can obtain “rights of audience”, which allow them to represent clients in court. However, this will be at a lower level of court than a barrister. So in complex disputes, it’s more likely that a solicitor will refer the work to a specialist advocate or barrister, or instruct them to appear in court on behalf of their client.
A solicitor’s duties include:
- Drawing up wills and contracts
- Drafting court pleadings
- Reviewing legal documents
- Supervising the implementation of agreements
- Gathering evidence
- Conveyancing
- Calculating claims for damages, compensation, maintenance or loss of earnings
- Dealing with probate, divorce and other family matters
- Negotiating with opposing parties who are trying to reach an agreement on a legal issue
- Advocacy in the run-up to and during court cases
What is the role of a barrister?
A barrister is a qualified legal practitioner who provides specialist advice to their clients while representing, advocating and defending them at legal hearings.
They usually specialise in one area of the law, although some have a practice that covers a variety of areas, including crime, estates and trusts, commercial, family and personal injury.
The majority of barristers are self-employed and work in Chambers, which they may share with other barristers to split administrative costs. They can also be employed as in-house advisers by banks, government departments, agencies like the Crown Prosecution Service (CPS), charities, corporations and solicitor firms.
Barristers are usually given the details of a new case by a solicitor who is already representing a client, meaning they don’t come into contact with the public as much as solicitors do. They then have a deadline by which they need to review the evidence and prepare how they’re going to present the case in court.
A barrister’s duties include:
- Advising their clients on the law and the strength of their case, before providing them with a written opinion
- Presenting their clients’ cases in court
- Examining and cross-examining witnesses
- Negotiating settlements with the opposing side
How do you become a solicitor?
Depending on when you started your training, you can either become a solicitor by doing a Bachelor of Laws (LLB) degree or the Graduate Diploma in Law (GDL), passing the LPC and completing a two-year training contract or by doing an LLB or an SQE preparation course, passing the SQE and completing Qualifying Work Experience (QWE). Let’s look at the two paths in more detail.
1. Do a degree
If you’re certain you want to pursue a career in law and have decided to take an LLB, you then need to choose which type of law degree you want to take.
Alternatively, you can take a degree in a subject other than law, followed by the GDL or an SQE preparation course to bring you up to speed.
Depending on your circumstances, there are a number of options you can then go on to take:
- If you already hold an LLB and have achieved a minimum 2:2, you can go on to take the LPC or SQE
- If you have a degree in a subject other than law, but were accepted onto a GDL or LPC course before 1st September 2021, you can go on to take the GDL, LPC or SQE
- If you decided to do a degree in a subject other than law on or after 1st September 2021, you will only be able to go down the SQE route to qualify
Note that if you choose not to go down the SQE route, you have until 31st December 2032 to complete your training as a solicitor of England and Wales.
2. Choose your route
A. Go down the traditional route
Take the Graduate Diploma in Law (GDL) conversion course
You only need to do this course if you have a degree in a subject other than law.
The GDL condenses 18 months of undergraduate study into just one year, so you need to be prepared to work hard.
The course will teach you about contract law, criminal law, equity and trusts, European Union (EU) law, land law, public law and tort law.
Once you’ve passed both the coursework and two written exams, you can go on to take the LPC.
Pass the Legal Practice Course (LPC)
While studying for the LPC, you’ll learn how to apply what you’ve already learned about the law so far to real-life scenarios.
You’ll be assessed through oral presentations, coursework and exams.
It takes a year to complete if you study full time, or two years to complete if you study part-time.
Complete a training contract
You’ll also need to carry out two years of full-time work experience at a law firm, where you’ll rotate “seats” to give you an understanding of what it’s like to work in different legal departments.
B. Go down the new route
Take an SQE preparation course
Non-law graduates and foreign-qualified lawyers are advised to take a 20- or 40-week preparation course before starting the SQE.
These courses prepare you for what you can expect to be asked in both the SQE1 and SQE2 exams.
Pass the SQE1 and SQE2 exams
The SQE is made up of two exams that assess your approach to some of the legal issues you could come across as a newly qualified solicitor and whether you can apply fundamental legal principles to a client’s needs and concerns.
You’ll be tested via a series of multiple-choice questions, and oral and written assessments.
Complete QWE
As with a training contract, you have to complete two years of legal work experience, but you can split the time between four different employers.
A training contract does count as QWE though, as does a job in a law clinic, voluntary work at a civic organisation, such as Citizens Advice, time spent as a paralegal at a law firm or in an in-house legal department, or placements as part of a law sandwich degree.
3. Apply to the Solicitors Regulation Authority (SRA)
Finally, you have to complete the SRA’s screening process, before applying for admission to the Roll of Solicitors – which is the register of solicitors in England and Wales.
Once approved, you may begin practising as a certified solicitor.
Note that if you’re already a qualified lawyer who wishes to become a solicitor, you may be exempt from completing some of the above requirements, depending on your qualifications and experience.
How do you become a barrister?
To qualify as a barrister, you need to hold either a law degree or non-law degree plus the GDL, take the Bar Course Aptitude Test (BCAT), join an Inn of Court, pass the BPTC and complete a year’s pupillage.
1. Do a degree
A law degree will teach you about seven different areas of the law: Constitutional and administrative, contract, criminal, equity and trusts, European Union, land, and tort.
Once you’ve completed your LLB with a minimum 2:2, you can go on to take the BPTC.
If you choose to do a non-law degree, you will need to take the GDL to effectively “convert” it into a law one.
Take the Graduate Diploma in Law (GDL) conversion course
While the introduction of the SQE means it will eventually become defunct for aspiring solicitors, the GDL will remain relevant for undergraduates who wish to become barristers.
Again, you only need to take the GDL if you have a non-law degree.
Once you’ve passed the GDL, you can go on to take the Bar Course Aptitude Test (BCAT).
2. Take the Bar Course Aptitude Test (BCAT) and join an Inn of Court
Before you can enrol on a Bar training course, you must take the BCAT and join one of the four Inns of Court – Middle Temple, Inner Temple, Gray’s Inn and Lincoln’s Inn – where you’ll attend qualifying sessions.
3. Pass the Bar Professional Training Course (BPTC)
The next step is to take a one- or two-year BPTC, for vocational training.
Once successfully completed, your Inn of Court will “call you to the bar” and you’ll become an unregistered barrister – although you won’t be able to practise as a barrister until you’ve completed the pupillage stage of training.
4. Complete a year’s pupillage
This is where you shadow a senior barrister at your Inn of Court and get involved in the practical work of Chambers.
5. Apply for Authorisation to Practise
After a year of pupillage, your supervising barrister will decide whether you’re ready to work as a barrister. If so, you can apply for Authorisation to Practise.
Again, if you’re a qualified lawyer looking to become a barrister, you may be exempt from completing some – or all – of the above requirements, depending on your qualifications and experience.
Summary
You may know that you want to pursue a career as a lawyer, but you’re unsure whether you want to be a solicitor or a barrister.
There is some overlap between the two roles, but there are some significant differences too. Barristers mainly represent clients in court or at a tribunal, are usually self-employed and may wear traditional court attire, while solicitors tend to carry out legal work outside the courtroom, generally get paid a salary and don’t wear a uniform.
The training for each one is also different. Depending on when you started your training, you can either become a solicitor by doing a law degree or the GDL, passing the LPC and completing a training contract, or by doing an LLB or SQE preparation course, passing the SQE and completing QWE. To qualify as a barrister, you need to have a law degree or non-law degree plus the GDL, take the BCAT, join one of the four Inns of Court, pass the BPTC and complete a year’s pupillage.
One profession is no better or more senior than the other, it just depends on which one best matches each individual’s passion and skill set.