Barrister vs Solicitor: What’s the Difference and Why It Matters

Understanding these differences is essential not just for choosing the right legal support, but also for managing your expectations throughout any legal process. This guide will walk you through what barristers vs solicitors do, how their work impacts your legal matters, and how you will interact with them as part of your legal matter.

Let’s start with the basics: what each role is responsible for and why it’s important for you to understand this.

Why does the difference of barrister vs a solicitor matter?

At first glance, the distinction between a barrister and a solicitor can seem like legal jargon. Many people—understandably—use the terms interchangeably. After all, both are lawyers, both give legal advice, and both have extensive training. 

But understanding how their roles differ, and knowing when they will each be required, can make a real difference to your understanding of the legal process and legal outcomes.

Why do people often confuse the two roles? The confusion usually comes down to how the legal profession works behind the scenes. Most clients only deal with a solicitor, so they may never see the barrister involved in their case. Plus, both are qualified legal professionals, and in some situations their work overlaps.

How сhoosing the right one between a solicitor vs a barrister can affect your case?

Getting the right legal support early on can save time, reduce costs, and improve your results. If you go directly to a barrister, they may refer you back to a solicitor anyway. If your solicitor doesn’t bring in a barrister when needed, your case might suffer from weak representation in court.

When you know who to turn to, you can avoid confusion and get the legal support that fits your situation.

It’s especially useful when:

• You’re facing a court case – Understanding how barristers work with solicitors helps you know who will represent you and how.
• You’re signing contracts or managing risk – A solicitor can spot legal issues early, and call in a barrister if a dispute seems likely.
• You’re seeking specialist legal advice – For complex or high-stakes matters, your solicitor may recommend getting a barrister’s opinion.

Understanding the difference between a barrister or a solicitor isn’t just about labels—it’s about making confident, informed decisions. Let’s break down the terminology and define which is higher, a barrister or a solicitor.

What is a solicitor?

When you think about getting legal help, you’re probably thinking of a solicitor—even if you don’t realise it. In most legal situations, a solicitor is your first and main point of contact. They’re the person who listens to your issue, explains your options, prepares documents, engages experts (such as to prepare an expert witness report), and guides you through the legal process from start to finish.

A solicitor’s role is broad, but it centres around working directly with clients and managing legal matters day to day. They help you understand your rights, explain legal documents in plain English, and handle the formalities of your case or transaction.

In practical terms, a solicitor can:

• Give tailored legal advice based on your situation
• Draft and review documents, such as contracts, wills, and leases
• Undertake transactions for you, such as purchasing or selling a home or business
• Negotiate settlements and communicate with other parties on your behalf
• Prepare your case if it needs to go to court (and brief a barrister if required)

Traditionally you wouldn’t see a solicitor in court arguing a case in front of a judge—that’s typically a barrister’s role. But the solicitor does everything leading up to that point and may still represent you in lower courts or tribunals.

Most people interact with solicitors at key points in life or business. For example, when buying or selling property, drafting or updating a will, going through a divorce or separation, starting a business or signing commercial agreements, as well as when you need legal advice on employment issues, injuries, or consumer rights.

Solicitors often work in law firms, but you’ll also find them in government, corporations, and community legal centres. You can reach out to one directly—you don’t need a referral—and they’ll guide you through your options clearly and professionally.

Solicitors can work across a wide range of legal areas, often specialising as their careers progress. Some of the most common fields include:

• Property law – Helping with conveyancing, leases, planning and development
• Family law – Supporting clients through divorce, parenting arrangements, and financial settlements
• Business and commercial law – Advising on contracts, compliance, partnerships, and disputes
• Wills and estates – Drafting wills, managing probate, and handling estate disputes
• Employment law – Assisting with workplace rights, contracts, and unfair dismissal claims

Now that you know their role, let’s look at the other half of the picture: the barrister.

What is a barrister?

While a solicitor is often the legal professional you meet first, a barrister plays a more specialised role, usually behind the scenes until a case reaches court. Barristers focus on court advocacy and complex legal analysis. They’re the legal experts brought in when your matter needs to go before a judge or requires detailed legal advice.

Barristers are the courtroom specialists of the legal world. They don’t usually handle paperwork or deal directly with clients day to day—that’s the solicitor’s role. Instead, they prepare and present legal arguments, provide high-level strategic advice, nuanced legal opinions, and speak on your behalf in court.

Here’s how barristers typically help:

• Represent you in court, especially in higher courts or appeals
• Cross-examine witnesses and make legal submissions to the judge
• Draft legal arguments and written submissions
• Give independent advice on how strong your case is and what steps to take

Many barristers work as sole practitioners in chambers rather than as part of a law firm. They focus on specific areas of law, such as criminal defence, commercial litigation, or family law, which allows them to offer deep expertise in their chosen field.

Barristers usually become involved once your matter is heading towards a hearing or trial, or when a solicitor needs a second opinion on a complex legal point. You don’t usually contact a barrister directly—instead, your solicitor will decide if your case needs one and will arrange everything for you.

This typically happens when:

• Your case is going to court and needs skilled advocacy
• There’s a dispute that may be difficult to resolve without a hearing
• Your solicitor wants a barrister’s specialist view on the strength of your position or a specific legal point

Barristers don’t take on all types of legal work—they’re usually engaged only when there is a dispute and their particular expertise is needed.

In Australia, barristers are most commonly briefed by solicitors. That means your solicitor gathers all the necessary information—documents, evidence, background details—and sends it to the barrister in what’s called a “brief”. The barrister then reviews the materials, provides advice, and, if needed, appears in court to argue the case.

Now that you understand the main differences between solicitors or barristers, let’s take a closer look at the specifics of each profession.

What training does each one need?

Although both barristers and solicitors are qualified legal professionals, the path to becoming one or the other differs in a few key ways. Understanding their training helps explain why their roles are distinct and how their skills are shaped.

The journey begins the same for both. Whether someone plans to become a solicitor or a barrister, they must first complete the academic requirements to become a lawyer in Australia. Usually, this means obtaining a legal education (a Bachelor of Laws — LLB or a Juris Doctor — JD).

After this academic training, lawyers choose their direction: remain on the solicitor path or transition into the specialised world of barristers.

Solicitors will complete Practical Legal Training (PLT) at an accredited institution.  Once PLT is completed, the person can apply for admission to legal practice in their state or territory.  They are then admitted as a solicitor.  At this point, they are qualified to practise law as a solicitor.

To become a solicitor, most lawyers simply apply for a practising certificate through the Law Society of their state. Typically, they begin working at a law firm, in-house, at a government agency, or at a community legal centre. No additional exams are required — training continues on the job, often under supervision.

To become a barrister, lawyers must complete practical training called a Bar Practice Course, which focuses on advocacy, legal writing, and courtroom procedure.  They can then apply for admission as a barrister to the Bar Association of their state. 

The barrister pathway places heavy emphasis on courtroom skills, advocacy and independent legal analysis, while the solicitor pathway leans more toward client management, legal processes, and transactional work.

Solicitors and barristers also belong to different professional bodies, each with its own standards and support networks.

• Solicitors are regulated by the Law Society in their state or territory (e.g. the Law Society of NSW or Law Institute of Victoria)
• Barristers are governed by the Bar Association or Bar Council (e.g. the Victorian Bar or NSW Bar Association)

These bodies oversee entry requirements, continuing legal education, ethical conduct, and professional standards.

Next, we’ll take a closer look at the responsibilities of solicitors and barristers.

How do their day-to-day roles compare?

Understanding the day-to-day roles of barristers and solicitors helps to make sense of how they work—and why each plays a distinct part in the legal system.

Solicitors are client-facing professionals. They manage the broader legal journey, guiding individuals and businesses through legal issues from start to finish. Their work is more varied, often involving several open matters at once.

On a typical day, a solicitor meets with clients to gather information, explain the legal process, and offer practical advice tailored to their needs. Much of their time is spent drafting key legal documents such as contracts, leases, wills, and court forms. 

They also handle negotiations, aiming to settle disputes efficiently without going to court. When a matter does require court involvement or specialist input, solicitors liaise with barristers to ensure the client receives expert representation. 

Throughout, they manage deadlines, ensure compliance, and keep each matter on track from start to finish. Their environment is structured, team-based, and often involves longer-term client relationships.

Barristers, by contrast, are courtroom specialists and can have a specific expertise in specific legal points. They’re often brought in when a case requires formal legal argument, detailed analysis, or representation before a judge.

A barrister’s day is typically centred around courtroom advocacy and detailed legal preparation and advices. They often spend their time in court, arguing cases, cross-examining witnesses, and delivering legal submissions. Outside of court, they prepare thoroughly by reviewing case briefs, analysing legislation, and studying relevant case law. 

Much of their time is also dedicated to researching complex legal issues to build persuasive arguments. In addition, barristers write legal opinions—clear, focused advice that solicitors use to guide their clients and shape legal strategy.

While both roles require strong legal knowledge, their working environments and day-to-day approaches differ significantly.

• Solicitors: Office-based, collaborative, and client-facing. They manage processes, documents, and communication across a matter’s full life cycle.
• Barristers: Chambers-based, independent, and court-focused. They specialise in advocacy, opinion writing, and legal reasoning.

Each role suits different strengths—solicitors often thrive on organisation and communication, while barristers tend to enjoy detailed analysis and courtroom argument.

These two positions are equal in rank, they just have different functions. A solicitor isn’t “junior” to a barrister, and a barrister isn’t “in charge”. Instead, they work in partnership when needed. Think of it like a medical team: the solicitor is your GP, helping you manage the issue and referring you when needed; the barrister is the specialist who steps in for complex procedures.

Each plays a vital part, and in many cases, they work together to get the best outcome for the client.

Now that you have a clear idea of how their day-to-day duties differ, let’s look at who can represent you in court—and in what situations.

Who goes to court?

One of the most common questions people have is: If I have a legal issue, who actually represents me in court? The answer depends on the type of case, how complex it is, and which court you’re dealing with. Both solicitors and barristers can appear in court, but their roles—and the extent of their involvement—are quite different.

Solicitors do appear in court, but usually in more straightforward matters or in lower courts. Their court work often involves procedural court hearings, short applications, or cases in tribunals and local courts. These situations don’t typically require in-depth legal argument or specialist advocacy skills.

You’re likely to see a solicitor in court when:

• Attending preliminary hearings or directions hearings
• Representing clients in local court matters, such as traffic offences or minor civil claims
• Handling family law or tribunal appearances where formal advocacy isn’t central

In these scenarios, a solicitor manages both the preparation and the presentation of the case, offering a practical, cost-effective solution.

When a case is complex, high-value, or heading to a higher court, a barrister is usually briefed to take over. Barristers are trained advocates who specialise in courtroom work—they know how to construct legal arguments, challenge evidence, and respond to judges under pressure.

Barristers commonly take the lead in:

• District or Supreme Court matters, including trials and appeals
• Cross-examinations and contested hearings where legal advocacy is critical
• Complex civil, criminal, or commercial disputes that require deep legal reasoning

In more involved legal matters, you may have both a solicitor and a barrister (or several solicitors and barristers!) working on your case—and this collaboration is one of the strengths of the Australian legal system. The solicitor handles the groundwork: gathering documents, managing communication, advising you day to day. The barrister steps in to provide strategic advice, draft submissions, and advocate in court.

This teamwork makes sure you get consistent legal support from start to finish—and that your case is presented as clearly and strongly as possible.

Understanding who appears in court—and why—helps you feel more confident about the legal process. Next, let’s move forward and explore who you should choose, and in which situations.

Who should you hire and when?

Knowing the answer to the “Do I need a barrister or solicitor?” question can make the legal process far less confusing—and much more efficient. The key is understanding what type of legal help you need and when each professional plays a role. 

In most situations, your first point of contact should be a solicitor. They handle the broad range of legal needs that arise in everyday life and business. Whether you’re signing a lease, starting a company, or dealing with a family matter, a solicitor is well-placed to help.

You should contact a solicitor when:

• You need legal advice about your rights or responsibilities
• You’re buying or selling property, making a will, or setting up a business
• You’re involved in a dispute that may need resolving through negotiation or legal process
• You’ve been charged with an offence or received a legal notice and don’t know what to do next

A solicitor will listen to your situation, assess your options, and manage your case. If it becomes more complex—or is heading to court—they’ll let you know if a barrister should be brought in.

Barristers are specialists in advocacy and complex legal reasoning. You typically don’t go straight to a barrister—they’re brought in by your solicitor when your case calls for courtroom expertise or detailed legal advice.  In fact, often if you went to a barrister, they would ask you to speak to a solicitor first.

Barristers are often involved in trials and appeals held in the District or Supreme Courts, where their advocacy skills and detailed legal knowledge are crucial. They also play a key role in disputes involving large sums of money, legally complex issues, or multiple parties. 

In criminal law, barristers are essential when a matter is contested or likely to go before a jury. Finally, solicitors may brief a barrister to provide a specialist legal opinion, particularly when the law is unclear or open to interpretation. In these situations, a barrister’s focused expertise helps clarify the legal position and guide the overall strategy.

The good news is: you don’t need to figure this all out yourself. One of the solicitor’s key roles is to decide if and when a barrister should be involved, and which barrister. They’ll recommend the barrister, brief the barrister, manage the communication, and work alongside them to ensure your case runs smoothly.

Choosing the right legal professional at the right time helps you get better outcomes—and reduces unnecessary stress and costs.

Up next, we’ll look at how the payment process works.

How do you pay them?

Legal costs can feel overwhelming if you’re not sure what to expect. The good news is that both solicitors and barristers are required to be transparent about their fees, and with a basic understanding of how each is paid, you can make more informed decisions from the start.

While both professionals charge for their time and expertise, their fee structures and billing methods can differ based on how and when they’re involved in your matter.

Solicitors usually manage your legal matters from beginning to end, so their fees often reflect the overall work involved. Before starting, they’ll provide you with a costs agreement and a costs disclosure—documents that outline how they charge and what you can expect to pay.

Common billing methods for solicitors include:

• Hourly rates – You pay for the time spent on your matter, including phone calls, document preparation, and meetings
• Fixed fees – A set price for specific services, such as conveyancing, drafting a will, or reviewing a contract
• Retainers – An upfront fee that allows the solicitor to start work and cover initial costs; ongoing work may be billed separately

Solicitors are generally responsible for collecting payments, managing invoices, and keeping you informed about any changes to estimated costs as your matter progresses.

Barristers are typically engaged by your solicitor, not directly by you. Their fees are usually separate and are often discussed as part of your overall legal costs. Barristers charge based on how much work is involved and the nature of the court matter.

Their fee structure often includes:

• Brief fees – A lump sum that covers the initial preparation of a case and the first day in court
• Daily fees – Charged for each additional day the barrister appears in court
• Hourly or fixed rates – For providing legal opinions or advice outside of court

Your solicitor will manage the barrister’s brief and coordinate payment arrangements. You may see these costs itemised on your solicitor’s invoice as disbursements, or handled separately depending on the agreement.

When a matter goes to court, legal costs can become more complex. It’s important to understand how expenses are managed and what you might be responsible for. 

One of the first things to consider is a legal cost estimate. Your solicitor should provide you with a realistic projection of the total costs involved, which may include solicitor fees, barrister fees, court charges and any other anticipated expenses. It’s a good idea to keep the lines of communication open throughout your matter—don’t hesitate to ask for updates, especially if the case takes a different direction or becomes more involved.

Another key factor is cost orders. If your matter goes to court and the judge makes a decision, they may order one party to pay the other’s legal costs. This can cover both solicitor and barrister fees, but it usually doesn’t include all expenses. It’s essential to ask your solicitor about the likelihood of a costs order in your case, and what that could mean financially, whether you’re successful or not. Understanding these possibilities upfront helps you make more informed decisions about whether to proceed to trial.

Now that you know barristers are usually brought in by solicitors when needed, let’s look at whether you can go directly to a barrister yourself.

Can you hire a barrister directly?

In most legal matters in Australia, clients work with a solicitor first, who then briefs a barrister if the matter requires courtroom advocacy or complex legal advice. However, in certain situations, it is possible to hire a barrister directly. This is known as direct access or briefing a barrister directly.

Direct access means that, instead of going through a solicitor, you approach and engage a barrister yourself. This is more common in some Australian states than others, and there are specific rules that determine when and how it can be done.

Not all barristers accept direct briefs, and not every legal matter is suitable for this approach. However, in situations where it is allowed, you may be able to contact a barrister directly without going through a solicitor.

Direct access can be useful if you need legal advice on a specific issue. For example, you might want a barrister’s expert opinion on a point of law or a potential course of action.

Some barristers also accept direct briefs for assistance with reviewing or drafting important legal documents, such as contracts, statements, or formal submissions.

In certain types of hearings or tribunals—particularly those with simpler procedures you may be able to engage a barrister to represent you directly, without a solicitor managing the case.

There can be advantages to hiring a barrister directly, particularly if your matter is narrow in scope or you’re confident managing the administrative side of things, but it’s important to understand the limitations and responsibilities involved.

Pros:

• Cost savings – You may avoid paying a solicitor’s fees if your matter is simple and doesn’t require full legal case management
• Access to specialist advice – For specific legal questions or opinions, a barrister can give high-level insight

Cons:

• More responsibility on you – You’ll need to manage the process yourself—collecting documents, handling communications, and following deadlines
• Limited availability – Not all barristers offer direct access, and many matters are still better handled through a solicitor
• Not suitable for complex matters – If your case involves multiple parties, negotiation, or a broader legal strategy, you’ll likely need a solicitor’s guidance

In most cases, it’s advisable to engage a solicitor first. They’ll know when it’s appropriate to involve a barrister and will handle the briefing process professionally.

It’s a better choice to go through a solicitor when your legal matter is complex, involves multiple issues, or is likely to continue over a longer period. Solicitors are trained to manage the entire legal process and can coordinate everything from paperwork to strategy.

If you need help preparing evidence, organising documents, or communicating with the other party, a solicitor will take care of these tasks efficiently. They ensure nothing is missed and that your case is properly structured before it reaches a barrister or the court.

It’s also wise to engage a solicitor if you don’t feel confident navigating legal procedures or managing court paperwork yourself. They’ll guide you through each step, reduce stress, and make sure you meet all the necessary requirements.

Let’s see how the work between these two legal professionals is coordinated.

How do they work together?

One of the strengths of the Australian legal system is the way solicitors and barristers collaborate. Each brings a different set of skills to the table, and when they work together, they provide clients with a complete and well-managed legal service, from the first consultation to the final court appearance.

Understanding how these two professionals coordinate can help you feel more confident about the process and know what to expect if your matter involves both.

The solicitor is usually your main point of contact. They work closely with you to understand your situation, gather the facts, and prepare your case for the next steps.

Here’s how a solicitor lays the groundwork:

• They collect and organise evidence, documentation, and witness statements relevant to your case
• They advise you on your legal options, risks, and likely outcomes
• They draft court documents, manage deadlines, and ensure everything complies with court rules
• They brief the barrister, summarising your case and providing all the materials the barrister needs to represent you effectively

The solicitor stays involved throughout the matter, helping you understand what’s happening at each stage and supporting you behind the scenes.

Once the matter reaches court, the barrister takes the lead. They use their specialist advocacy skills to present your case clearly, argue legal points, and respond to the judge. Their role is focused on persuasion, legal reasoning, and courtroom performance.

Specifically, a barrister will:

• Develop the legal arguments and identify the strongest points in your case
• Cross-examine witnesses and challenge the other side’s evidence
• Make submissions to the judge, drawing on relevant legislation and case law
• Advise the solicitor and client on the strategy during court proceedings

While the solicitor stays in the background managing the logistics, the barrister becomes the voice of your case in the courtroom.

Behind every barrister’s court appearance is careful coordination with the solicitor. The two professionals communicate regularly to make sure the case is progressing smoothly and nothing is missed.

The solicitor updates the barrister as new developments arise, shares client instructions, and helps the barrister understand the full context of the matter. The barrister, in turn, provides legal advice to guide the solicitor and shape the overall strategy.

Together, solicitors and barristers form a legal team that brings both depth and clarity to your case.

Next, let’s explore the steps to take if you need assistance from a legal expert.

What does this mean for your legal issue?

Now that you understand the difference between a barrister and a solicitor, the next step is knowing how to apply that knowledge to your own situation. Whether you’re dealing with a straightforward legal matter or something more complex, choosing the right legal professional—and knowing when to involve both—can make all the difference to your outcome.

Start by thinking practically about what you need. Are you looking for legal advice, help with documents, or someone to represent you in court? Most people begin with a solicitor—and in many cases, that’s all you’ll need. 

However, if your issue involves a trial, appeal, or specialist legal argument, your solicitor may recommend briefing a barrister. This doesn’t mean your situation is “worse” or more serious—it simply means you’ll benefit from an additional layer of expertise.

Finding the right lawyer starts with finding someone who understands your needs, communicates clearly, and works in the relevant area of law. You don’t need to know all the legal terminology—just be clear about what you’re facing and what outcome you’re hoping for.

Here’s how to approach it:

• Start with a solicitor unless you already know you need specialist court representation
• Search through reputable sources like your state’s Law Society or trusted legal referral services
• Check their areas of practice—many solicitors and barristers specialise in particular fields such as family law, criminal defence, or commercial disputes

A good solicitor will guide you through the process, explain your options in plain English, and bring in a barrister if needed.

To make sure you’re choosing the right legal professional, don’t be afraid to ask direct, practical questions. You’re not expected to know how everything works—that’s their job. But asking the right questions early can help set clear expectations.

Consider asking:

• What experience do you have with matters like mine?
• Will my case need a barrister? If so, how will that be managed?
• How do your fees work, and can I get a cost estimate in writing?
• How will you keep me updated, and who will be my main point of contact?

These questions help you understand not just what the lawyer will do—but how they’ll work with you throughout the process.

We’ve covered everything you need to know about the difference between solicitors and barristers—now let’s wrap things up with a quick summary.

Final recap: barrister or solicitor?

By now, you should have a solid understanding of the difference between a barrister and a solicitor—and why that difference matters when you’re facing a legal issue. To help you tie it all together, here’s a quick summary and a few final tips to guide you in the right direction.

While both are qualified lawyers, their roles in your legal journey are quite distinct:

In most cases, start with a solicitor. They’ll assess your situation, help you understand your options, and manage your matter from start (even from a subpoena) to finish. If your case requires specialist input or court representation, your solicitor will know when to bring in a barrister and handle the process for you.

To make sure you get the right support for your situation, follow a few simple steps:

• Start with clarity – Know what you’re dealing with: a legal question, a document, a dispute, or a court case.
• Contact a solicitor first – For most issues, a solicitor is your go-to professional.
• Let the solicitor guide the process – They’ll tell you if a barrister is needed, and why.
• Ask clear questions – Always ask about experience, costs, and who’ll be managing your case day-to-day.
• Use trusted directories – Look up lawyers through your state’s Law Society or Bar Association to ensure they’re properly qualified

Choosing between a barrister and a solicitor doesn’t need to be complicated. With a bit of understanding and the right support, you can take control of your legal matter confidently, clearly, and with the right team by your side.