Roles of solicitors and barristers in England and Wales
- Unlike in other jurisdictions, for example in the USA and France, the legal profession is a divided profession in England and Wales. Solicitors deal with members of the public and interface with the clients. They carry out all legal work for their clients but do not have rights of audience in all courts. Solicitors have rights of audience in the lower courts which consist of the magistrates courts (criminal), county courts (civil), tribunals and also interlocutory hearings which are heard in chambers (private hearings) in the High Court. They do not have rights of audience in the higher courts which comprise the Crown Court (criminal), High Court (civil), Court of Appeal and House of Lords.
- Barristers have rights of audience in all courts and undergo different training to solicitors. Typically they do not deal with the clients directly, but through solicitors (although there are exceptions to this).
- When barristers are instructed for a hearing or trial, the solicitor will typically agree a brief fee, on behalf of the client, with the barrister’s clerk. This will cover work done leading up to and including the hearing or trial. It is usually a large lump sum followed by a smaller amount (a refresher) for each day of the hearing after the first day. The lump sum will be payable even if the matter settles before the hearing or trial. This fee arrangement would not occur where solicitors rather than barristers were to conduct the hearing or trial.
- The Courts and Legal Services Act 1990 introduced the possibility of solicitors obtaining rights of audience in all courts. This is implemented by a detailed set of regulations administered by the Law Society (the solicitors’ governing body). The process to qualify as a solicitor advocate is a complicated one and generally involves a detailed application, references and a number of advocacy appearances together with courses and an advocacy assessment.
- Once qualified as a solicitor advocate, the solicitor will then have full rights of audience in the higher courts (although this may be limited to civil or criminal courts only).
- Herbert Smith currently has amongst the highest number of solicitor advocates of any City law firm.
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