The roles of solicitors and barristers

What is the difference between solicitors and barristers? And when legal issues arise in your business, which one should you approach?

Defining roles

Dan Simpson, Managing Partner of Redmond Hale Simpson, explains the difference between barristers and solicitors.

"It relates more to their functions and the way the roles are structured," he says.

For the most part, solicitors are legal generalists and barristers are specialists. A similar parallel can be drawn between a GP and a medical specialist.

Barrister: definition

Barristers are the legal experts who appear in finery and represent litigants in court. Traditionally, they are the only people who can act as advocates in court and work mostly on specialised legal matters in an advisory capacity.

Barristers generally:

• operate as individuals, out of chambers in cities or large suburban centres
• have access to the courts
• specialise in particular areas of the law (e.g. family law, criminal law, corporate law)
• work on more extensive and complex legal issues. 

Solicitors: the first point of call

Conversely, solicitors are the more likely first point of call for businesses and individuals requiring advice on more routine legal matters. 

Solicitors generally:

• operate in firms in a wide variety of locations
• provide wide-ranging legal advice
• prepare documents
• oversee legal transactions.

Barrister or solicitor?

"I think the important thing is for a small business to have a relationship with a solicitor who can address a wide range of issues and recognise the appropriate point of referral," says Dan.

Solicitors commonly hand le the following for businesses:

• debt collection
• leasing business premises
• buying or selling business premises
• succession plans
• powers of attorney
• court proceedings.

Blurring the boundaries 

The separation of the specific roles of barristers and solicitors in Australia is becoming more relaxed. Depending on the particular regulations and legal organisations in each state, solicitors can appear in court as advocates in complex matters.

That said, Dan says that barristers are more comfortable having work brought to them by a solicitor. "They often have to send a client away to get organised, whereas a solicitor has got the essentials prepared."

Choosing your representatives 

While it may not be necessary to have a legal firm on call, it's only a matter of time before that first legal issue arises and your business needs help.

"Once that relationship is in place and a client is happy with the initial service, they'll tend to stick with them," Dan says. "Repeat business is our best source of work." 

He advises that business owners shop around. Look for firms that specialise in common business matters, contact your state's law society, and ask associates for recommendations.

The right side of the law

Every business will need legal representation at some stage. Seek out solicitors that not only cover your legal needs but can refer you to a specialist, such as a barrister, if matters become complex. And do it today, before issues arise.