The terms solicitor and lawyer are often used interchangeably in the UK. Unsurprisingly this causes endless confusion, leaving most people unsure what the difference is between the two.
If you’re interested in joining the legal profession, it is essential to know the differences between these key legal terms.
This is precisely why we have put this article together.
We are going to take you through the difference between a lawyer and a solicitor, as well as a barrister. We’ll also cover how to join each of these legal professions, so let’s dive in.
What is the difference between a lawyer and a solicitor?
There is no difference between a lawyer and a solicitor. A lawyer is an umbrella term used for anyone that is considered a Licensed Legal Practitioner. A Licensed Legal Practitioner includes both solicitors and barristers. These professions are different from one another; however, they can both be referred to as a lawyer.
In other words, all solicitors are lawyers, but not all lawyers are solicitors.
Let’s explore each of these in a little more detail.
What is a lawyer?
A lawyer is an all-encompassing term that is commonly used in the United Kingdom. It is an umbrella term used to describe a Licensed Legal Practitioner qualified to share legal advice or represent a client in court.
Solicitors and barristers both fall under the title lawyer, as do chartered legal executives.
The term lawyer is frequently used interchangeably in the UK with the term solicitor, and as such, has caused confusion as to precisely what it means.
What is a solicitor?
A solicitor is a qualified legal advisor who works directly with clients and offers written legal advice, legal support and representation in various matters. Such matters include criminal law, business law, family law and property law.
A solicitor can represent an individual, a group, a company or an organisation. They take the lead in communication, coordination, negotiation, paperwork and preparation for the court.
Typically, solicitors are office-based, but they can represent a client in court. Though, this is usually what a barrister will do. We will cover what the role of the barrister involves later in the article.
What does a solicitor do?
A solicitor is a qualified legal professional who can offer legal advice and is often the first contact when a legal problem crops up.
They will work closely with their client to achieve settlements, gather evidence and support them throughout the litigation. A solicitor can work with their client throughout all stages of the legal process.
The solicitor is the lead on all communications, coordination and negotiation. Not only will they recommend the best course of legal action to take, but they will also liaise with the other side and any third parties. This could be to coordinate any work that needs to be carried out by both parties or communicate with the other side to negotiate a settlement.
The solicitor also prepares all the paperwork and forms on behalf of the client to ensure accuracy. They will also prepare the paperwork for court if necessary and the instructions for the barrister or specialist advocate.
Different solicitors will be experts and specialise in different areas of the law. As such, clients will likely seek out those that are accomplished in their required field. This could be from a minor personal injury law case to a high-value commercial law case.
As we stated above, a solicitor can represent their client in court, but this is usually the role of a barrister.
How much does a solicitor earn?
According to a 2018 study by The Law Society, the average salary for a solicitor is £62,000. This is for a full-time role in a private law firm in the UK. This same study revealed that 49% of private practitioners received on average a £5,000 annual bonus.
Nevertheless, many other factors will dictate how much you can earn as a solicitor in the UK.
The location of your practice can make a large difference to your expected salary, along with the size of your organisation and the stage at which you are in your career. In addition to this, the legal area that you choose to specialise in can also impact your salary. Those working in commerce and industry often earn more than those in government and private practice.
To learn more about how much a solicitor can earn, take a look at our article “How much do solicitors earn?”
How do I become a solicitor?
Traditionally to become a solicitor, you would have had to undertake a Graduate Diploma in Law (GDL) or a Legal Practice Course (LPC). However, since September of 2021, these qualifications have been phased out and replaced with the Solicitors Qualifying Examination (SQE).
The SQE is part of a new four-step process to become a solicitor in England and Wales and is governed by the Solicitors Regulation Authority.
To become a solicitor, you need to have a degree or an equivalent in any subject. Whilst it is helpful to have some knowledge of the law before training to become a solicitor, it is not required for you to have completed a law degree.
You also need to pass the SQE successfully. The SQE consists of two parts, the SQE1 and the SQE2.
The SQE1 tests your ‘functional legal knowledge’. It is broken down into two separate assessments that are computer-based and consist of 180 multiple-choice questions. You need to successfully pass the SQE1 in order to move on to the SQE2.
The SQE2 tests your ‘core legal skills’. It is a combination of written and oral assessments. There are 12 written assessments and four oral ones. Six key skills are assessed in the SQE2, these include:
- Client interviewing
- Advocacy
- Case and matter analysis
- Legal research
- Legal written advice
- Legal drafting / legal writing
You also need to complete a minimum of two years of Qualifying Work Experience (QWE). You will typically carry out this work experience between the SQE1 and the SQE2, although there is no set specific time frame to undertake the QWE.
Finally, you need to show that you are of satisfactory character and suitability to become a solicitor.
To learn more about the SQE, read “What is the SQE?”
What is a barrister?
A barrister, similarly to a solicitor, is referred to as a lawyer. A barrister is also qualified to provide expert legal advice. However, they are predominantly hired by solicitors and legal firms to represent clients in court hearings and tribunals.
Barristers are experts at advocating for their clients in court and specialists at presenting persuasive arguments. They go above and beyond to deliver the best possible case for their client, even looking into their client’s character and behaviour in order to persuade a Jury.
Like solicitors, barristers also have particular areas of expertise; however, they tend to be much broader, for example, Commercial Law, Chancery Law, Criminal Law, Family Law, Immigration and Personal Injury.
Barristers tend to be self-employed. They work alongside other barristers in offices referred to as ‘Chambers’. Nevertheless, they still remain independent, and it is not uncommon to act against each other in the same dispute.
Barristers might be hired by a law firm to offer expert legal advice and to represent clients. They also might be hired on a casual basis to help advise on client strategy.
What does a barrister do?
Typically a barrister becomes involved in a case when a solicitor instructs them to do so when their client needs representation at a court hearing. Occasionally, if a case is under the Direct Public Access Scheme, it won’t be a solicitor instructing them but a member of the public instead. However, this is more unusual.
A barrister will present a case to the court, and they will examine and cross-examine witnesses if they are involved and put forward reasons for the court to support their case. They translate and convey their client’s experiences and feelings in the form of legal arguments.
Barristers are highly skilled at advocating for their clients and will do so in a persuasive manner. They can negotiate on their client’s behalf for a favourable settlement before and during a court hearing.
Barristers are also qualified to provide advice on whether or not to dispute a verdict or to settle. They can offer feedback on the strength of a clients case and the likelihood of it being successful.
How much does a barrister earn?
Barristers tend to be self-employed, and as such, the expected salary can vary hugely.
Whilst a barrister is undertaking their pupillage, which is the final stage of the qualifications, they can expect to earn a minimum of £16,633 (£18,866 in London). This minimum is set by the Bar Standards Board.
As a qualified barrister with five years of experience, you can earn anything from £50,000 to £200,000. With more years of experience under your belt, your earnings could range from £65,000 to £1,000,000. However, because this position tends to be through self-employment, the amount a barrister can expect to earn each year is variable.
Similarly to solicitors, a barrister’s salary is also affected by their specialist area of practice and their location in the country. A barristers salary can also vary due to their chambers.
How do I become a barrister?
There are three components to complete in order to become a barrister in England and Wales. There is the academic component, the vocational component and the pupillage (work-based learning) component.
Similarly to becoming a solicitor, you need to first start with a law degree or a non-law degree. If you do not have a law degree, you will need to complete a law conversion course called the Graduate Diploma in Law (GDL). Your degree qualification must be a minimum of a 2:2.
The academic component consists of the seven foundations of legal knowledge:
- Criminal Law
- Equity and Trusts
- Law of the European Union
- Obligations 1 (Contract)
- Obligations 2 (Tort)
- Property/Land Law
- Public Law (Constitutional Law, Administrative Law and Human Rights Law)
The vocational component covers specialist skills, knowledge of procedure and evidence, attitudes and competence to help prepare you for a role as a barrister. To complete this component, you must complete a Bar training course.
In order to complete the Bar training course, you must be a member of one of the Inns of Court, have passed the Bar Course Aptitude test and be fluent in English. You must also attend qualifying sessions with the Inn of Court. These professional development events are arranged by or on behalf of an Inn.
Finally, you also need to take part in a period of work-based experience referred to as a pupillage. This is an opportunity for practical training with the supervision of an experienced barrister.
The pupillage consists of two parts, a six-month-long non-practising period and a six-month-long practising period. After that, barristers can take up a tenancy at a Chambers.
Summary
Overall, despite the confusion, the word ‘lawyer’ in the UK is an umbrella term for a member of the legal profession. In England and Wales, a lawyer is a general term that can be used for someone who is either a solicitor or a barrister.
Whilst they can both be called ‘lawyers’, the role of the solicitor and the barrister is different. Solicitors are the first point of contact for someone with a legal problem. They will then give them advice, support and representation throughout the entire litigation process.
A barrister will likely be appointed by the solicitor and will represent the client in court. They are highly skilled in advocating for their clients and presenting powerful arguments to convince a court.