Most people use the word lawyer without thinking about what kind of lawyer they need. In Australia, the legal profession has two main branches. These are solicitors and barristers. Knowing how they differ helps you find the right person and understand who is doing what on your matter.
This guide explains what solicitors and barristers each do and how they work together. It covers how barristers usually get their work and when you might deal with one directly. It also looks at titles such as Senior Counsel. The rules differ between states and territories, so treat this as general background.
Two branches of one profession
Lawyer is the general word that covers both solicitors and barristers. In New South Wales, the State Library of NSW explains that the profession is made up of these two types of legal practitioner. A solicitor’s practising certificate allows them to practise as a solicitor and barrister. A barrister’s certificate allows them to practise only as a barrister.
Victoria also has separate solicitors and barristers, and other states have their own arrangements. Each state and territory has its own rules on how lawyers are admitted and regulated. The titles and the way the two branches work together can vary from place to place. If you are unsure, ask the lawyer you are speaking with to explain their role.
What solicitors do
For most people, a solicitor is the first lawyer they speak with. Their main work is giving legal advice and preparing or checking documents. They also negotiate on behalf of clients and prepare cases for hearing. Only a very small amount of a solicitor’s work involves going to court.
Solicitors work in many settings. These include private law firms, Legal Aid NSW, community legal centres, government agencies and company legal departments. A solicitor can appear in court for you. When a case needs a specialist advocate, the solicitor will usually brief a barrister.
What barristers do
The NSW Bar Association describes barristers as independent, specialist advocates trained to appear in a courtroom. They also appear in commissions of inquiry and other forms of dispute resolution. Some act as mediators and arbitrators. Barristers can also give objective advice on legal problems to clients, solicitors, businesses and governments.
Barristers generally work for themselves rather than for a firm. Many share chambers with other barristers, and most chambers have a clerk who manages the barristers’ diaries. Barristers have an overriding duty to the court to act with independence in the interests of justice. Their conduct rules also require them to act honestly, fairly and bravely for their clients.
How a barrister becomes a barrister
In NSW, a barrister must first be admitted as a lawyer in an Australian jurisdiction. They then need to pass the Bar Exam and complete a reading program. That program includes the Bar Practice Course and one year of readership under a more experienced barrister. In court, barristers often wear a black gown and a short white wig, although this is not required in every court.
How barristers usually get their work
Most barristers receive their work through a solicitor. The solicitor prepares a brief, which is the set of papers and instructions about your case. The barrister then gives advice or appears for you in court based on that brief. Your solicitor usually stays involved, handling documents and communication while the barrister focuses on advocacy.
A barrister can give strategic advice at an early stage of a dispute. If you are deciding whether to sue, your solicitor may suggest getting a barrister’s opinion. Ask how this will affect your costs before you agree. Barristers charge for their services in different ways.
Dealing with a barrister directly
In some cases a barrister can accept work straight from a person who is not a lawyer. This is known as direct access. It is only available in some circumstances. The NSW Bar Association suggests you can contact a chambers clerk to ask whether a barrister can help you.
Senior Counsel and King’s Counsel
You may see the letters SC or KC after a barrister’s name. These show a formal senior appointment, and they cannot be used without that appointment. Senior barristers are often called silks because they may wear a black silk gown. They tend to work on particularly complex or difficult cases.
In NSW, the Governor appointed Queen’s Counsel until 1993. Since then, the President of the NSW Bar Association has appointed Senior Counsel. When King Charles III acceded to the throne in 2022, Queen’s Counsel automatically became King’s Counsel. Other states have their own appointment schemes and titles.
Choosing the right lawyer for your matter
For most legal problems, start with a solicitor. They can advise you, manage the paperwork and bring in a barrister if your matter needs one. Before you hire anyone, it is wise to check the lawyer is registered with the regulator in their state. A short first meeting is a good chance to ask about their experience and fees.
- Will my matter likely need a barrister, and at what stage?
- Who will appear for me in court?
- How will the barrister’s fees be charged and billed?
- Who should I contact with questions during the case?
These sit well alongside the broader questions to ask a potential lawyer about their background. Some solicitors run their own small practice, which is covered in our guide to succeeding as a solo lawyer. Others work in large firms with many staff. The right fit depends on your matter, your budget and how you like to communicate.
If cost is a concern
Clients usually pay for the work their lawyers do. Legal Aid NSW and community legal centres may offer free or lower cost help to eligible people. Some lawyers also take on pro bono work, which means they act without charge. Other states have their own legal aid commissions and community legal centres.
Frequently asked questions
Do I need a barrister for my case?
Many legal matters never need a barrister. Solicitors handle most advice, documents and negotiations, and can appear in some courts. A barrister is usually brought in when a case goes to court or needs specialist advice. Your solicitor can tell you if your matter needs one.
Can I contact a barrister without a solicitor?
Sometimes, yes. Barristers can accept some work directly from people who are not lawyers, which is called direct access. It is only available in some circumstances. A chambers clerk can tell you whether a particular barrister takes this kind of work.
What does SC or KC mean?
These letters show that a barrister has received a formal senior appointment. SC stands for Senior Counsel and KC stands for King’s Counsel. Senior barristers are often called silks. They usually take on complex or difficult cases.
This article is general information only and is not legal advice. Laws and processes differ between states and territories and can change. For advice about your situation, speak with a qualified lawyer.