Your guide to barristers and solicitors in criminal cases
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“On this page you can read more about the the differences, similarities and usual working practices of barristers and solicitors in the criminal justice system.”
On this page …
Barristers and Solicitors and what’s the difference?
Barristers and solicitors are lawyers who work closely together in criminal cases. Solicitors are traditionally the first port of call for anyone facing a criminal prosecution and often have high street premises. They will take your instructions and advise on the best course of action in your case. Depending on the nature and complexity of the case, this may or may not involve obtaining advice or representation at court from a barrister.
If you are arrested and questioned at a police station, you have the right to ask for a solicitor (or a trained legal representative employed by a solicitor) to attend the police station to assist you.
If your case proceeds to court, your solicitor may choose to instruct a barrister to represent you. Barristers both prosecute and defend at court, particularly in Crown Court sentences and jury trials.
On this page you can read more about the the differences, similarities and usual working practices of barristers and solicitors in the criminal justice system.
Barristers
Barristers in criminal cases are best known for being specialist courtroom advocates. They both prosecute and defend in the vast majority of serious and high profile criminal cases and provide specialist legal advice.
Barristers are legal professionals who are regulated by the Bar Standards Board (BSB) and represented in their work by the Bar Council. They are required to carry indemnity insurance to cover the legal services they provide.
Most barristers are self-employed and work with other barristers from offices known as ‘chambers’. Others maintain practices as sole practitioners and some are employed by solicitors’ firms, either as part of an in-house advocacy department or generally as part of a legal team. Unlike solicitors, barristers rarely have high street premises, although many barristers now accept work direct from the public. Barristers often receive their work from solicitors. This work or ‘brief’ is usually either to give a written advice on a legal issue, to advise on the strength of a case or to represent the client in court.
Once a solicitor briefs a barrister, the client has two legal representatives, the solicitor and the barrister. An obvious problem for anyone going to see a solicitor is that they might end up paying not just for one, but for two lawyers. While there can be a very good reason for having two lawyers (the solicitor and the barrister providing their own separate areas of expertise) it can also cause irritation for clients due to the high cost.
To deal with this, solicitors have extended their reach into work that barristers traditionally carried out: solicitors can now obtain higher rights of audience (the right to represent clients in the higher courts); this means that some solicitors can represent clients in the Crown Court and appeal courts without calling on the help of a barrister. That being said, many solicitors still choose to use barristers, principally due to their courtroom advocacy experience and specialist legal knowledge.
Barristers have also changed their working practices - many barristers are now authorised to accept work direct from the public (often called Public Access or Direct Access), thus avoiding the need to instruct a solicitor. There are some limited restrictions as to what a barrister can do in this situation, but this is a growing area where barristers can help clients with legal advice and representation in court.
One such restriction is representing clients who are funded by legal aid. Legally aided clients must approach a solicitor initially and the solicitor can then brief a barrister on behalf of the client at a later stage if required. For many cases which are privately funded, however, you have a choice whether to go direct to a barrister or a solicitor.
You can read m ore here about Direct Public Access Barristers and you may find the following links helpful (links open on new page):
Solicitors
Solicitors, particularly those who represent clients in criminal cases, are the lawyers you will find on the high street in most towns and cities. These high street solicitors are traditionally the first port of call for people with a legal problem, although such legal traditions are changing. Solicitors, or employees working for them, will take initial instructions from a client. The solicitor will then advise on potential courses of action for dealing with their case.
In criminal cases, many solicitors' firms employ accredited police station representatives to assist people who have been arrested and are about to be interviewed by the police. Solicitors can also attend police stations to provide advice. Solicitors will also assist in obtaining and gathering evidence in advance of a case.
Traditionally solicitors would only represent clients in the magistrates' court but can now qualify to obtain higher rights of audience meaning they can, like barristers, represent clients in the Crown Court and appeal courts. These solicitors are known as HCAs (Higher Court Advocates). Solicitors are legally qualified professionals who are regulated by the Solicitors Regulation Authority (SRA) and represented in their work by the Law Society. Like barristers, they must carry full indemnity insurance.
Solicitors’ practices vary from small firms to extremely large organisations. The larger practices are often geared to providing specialist advice in those areas of the law which are less likely to be encountered by the average person on the street. This includes business law such as mergers and acquisitions, specialist financing for business and high-value commercial disputes. Then there are the smaller high street firms which are geared up to providing a broad range of legal advice on those issues most commonly encountered, such as family law matters, housing, wills and probate, criminal law and personal injury.
Solicitors (provided they are accredited to do so) can represent clients who are granted legal aid funding and can advise as to legal aid eligibility. Barristers can represent legally aided clients when briefed to do so by a solicitor, but are not entitled to accept direct public access cases from clients who are also in receipt of legal aid.
Others types of lawyer you will often find working alongside solicitors are Chartered Legal Executives and CILEx Practitioners. These legal professionals have followed a different route to qualification to that of barristers and solicitors.
You may find the following links helpful (links open on new page):
Independent information to help you
It always helps to be informed and you will find more helpful information about lawyers and the choices available to you on the independent Legal Choices website.
Defence-Barrister.co.uk | Surviving the Criminal Courts
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