英国法律之 Differences between barristers and solicitors

Differences between Barristers and Solicitors Essentially, barristers are the lawyers who represent litigants as their advocate before the courts of that jurisdiction. They speak in court and present the case before a judge or jury. In some jurisdictions they undertake additional training in order to hone their skills with evidence law, ethics, and court practice and procedure. In contrast, solicitors generally engage in preparatory work and advice, such as drafting and reviewing legal documents, dealing with and receiving instructions from the client, preparing evidence, and managing the day-to-day administration of a matter. Solicitors can provide a crucial support role to a barrister when in court, be it in managing large volumes of documents in the case or even negotiating settlements outside the courtroom while the trial continues inside.

Other differences include the following:

A barrister will usually have rights of audience in the higher courts,

whereas other legal professionals will often have more limited

access, or will need to take additional qualifications to do so. In this regard, the profession of barrister corresponds to that part of the role of legal professionals found in civil law jurisdictions relating to

appearing in trials or pleading cases before the courts.

∙Barristers usually have particular knowledge of case law, precedent and the skill of 'building' a case. When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.[1]

∙In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships or working as a barrister as part of a corporation (although in England and Wales the Clementi report[2] has recommended the abolition of this restriction).

However, barristers normally band together into 'chambers' to

share clerks (administrators) and operating expenses. Some

chambers grow to be large and sophisticated, and have a distinctly corporate feel. In some jurisdictions, some barristers are employed by firms of solicitors, banks or corporations as in-house legal

advisers.

∙Solicitors work directly with the client and are responsible for engaging an appropriate barrister; whereas barristers generally have little or no direct contact with their 'lay clients', particularly without the presence or involvement of the solicitor. All

correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, who is primarily responsible for the barrister's fees.∙In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England and Wales,