Family Law Moore Tips – Feature 02
Stepping into the legal world for whatever reason can often be daunting and overwhelming, especially if you are not legally trained. Words and phrases tend to be used that can be confusing and uncertain for those who are not familiar with them.
A common example of this is when people say you need a solicitor and/or a barrister. You might think, what is a solicitor, what is a barrister, and what is the difference? Do I need one, or even both? I have set out some information below which will hopefully answer these questions and help you to have a better understanding of solicitors and barristers.
It is important to note that whilst the focus of this article is on solicitors and barristers, “lawyers” and other legally trained professions can come in all different forms, such as Consultants, Chartered Legal Executives and many more. We have a diverse groups of lawyers at Moore Barlow; if you need assistance, please do contact us for further information.
What is a solicitor?
Solicitors are qualified legal professionals who advise, represent, and assist individuals in a variety of legal areas such as family, private wealth, employment and personal injury. Solicitors support clients through all forms of litigation and out of court processes, such as mediation, arbitration, and direct negotiations.
What qualifications does a solicitor need?
Solicitors are traditionally required to complete three steps in order to become fully qualified:
- A degree or equivalent level 6 qualification which can be in any subject;
- Vocational/educational course e.g. the Solicitors Qualifying Examination (typically lasting 1 year);
- Practical training known as a “training contract” or “qualifying legal experience” (typically lasting 2 years).
There are also other ways to qualify, such as solicitor apprenticeships, but for summary purposes I have only mentioned the most common route to qualification here.
What are the duties of a solicitor?
The Solicitors Regulation Authority, known as the SRA, are the regulatory body for solicitors and law firms in England and Wales. The SRA aims to protect the public by making sure solicitors meet the SRA’s high standards and by taking action against solicitors who do not follow the SRA rules.
There are 7 principles that all solicitors and law firms regulated by the SRA must meet, for example acting with honesty, integrity, in the best interests of each client and in a way that upholds public trust and confidence in the profession.
There are also two Codes of Conduct which outline the professional standards expected by the SRA; one for solicitors and one for law firms. These codes are used if the SRA need to investigate a certain individual or firm.
What does a solicitor do?
Solicitors can help and support you in a variety of different ways, including:
- Providing legal advice to help you understand your rights and options;
- Negotiating/liaising with the opposing party and their legal team;
- Drafting legal documents, e.g. court forms and applications or proposals for settlement;
- Representing you in court;
- Supporting you through other forms of non-court processes, such as mediation, arbitration, collaborative law and more. Solicitors can also qualify to provide these services themselves, as a mediator for example.
NOTE: Whilst solicitors do not typically advocate in court, they are able to do so in some lower courts (this is known as the “right of audience”) and they often work closely alongside barristers who are advocating for their clients in the higher courts (e.g. Court of Appeal and Supreme Court).
A solicitor can also qualify as a “solicitor-advocate” meaning they are able to represent clients in higher courts (thus gaining “higher rights of audience”) but this is a separate qualification that a solicitor would need to obtain.
How do solicitors charge for their work?
As solicitors work with you on a longer-term basis, the common way of charging is by way of hourly rates. Solicitors charge in 6-minute units, with 10 units in every hour. You will be charged for all chargeable tasks that the solicitor conducts on your file, which includes any work that progresses your case, e.g. correspondence with yourself and the opposing party, meetings, court preparation etc.
Do I have to have a solicitor?
No, you do not have to have a solicitor and you are able to represent yourself in proceedings.
Whilst there is no legal requirement to have a solicitor, it can be beneficial to do so and make the process smoother and more manageable. Family Law can be complex and you may find yourself in an extremely emotional situation; a solicitor will be able to explain the law and processes to you, and help you navigate the situation you are in.
To reduce costs, some clients prefer to represent themselves in court but still have a solicitor working with them in background to assist with the complicated and nuanced areas of law and procedure.
What is a barrister?
Barristers, otherwise known as Counsel, are qualified legal professionals who mostly specialise in courtroom advocacy and litigation, as well as providing legal advice in a variety of legal areas such as criminal, family, and civil law. Barristers are usually instructed by solicitors to represent a client in court, although some barristers do take instructions directly from individuals who do not have a solicitor (this is known as “direct access”).
What qualifications does a barrister need?
Barristers are required to complete three steps in order to become fully qualified:
- Law degree (typically lasting 3 years) or a Graduate Diploma in Law following completion of a non-law degree (typically lasting 1 year following the completion of a degree);
- Vocational/educational course e.g. the Bar Practice Course (typically lasting 1 year);
- Practical training known as a “Pupillage” (typically lasting 1 year).
What are the duties of a barrister?
The Bar Standard Board, known as the BSB, are the regulatory body for barristers in England and Wales. The BSB aims to protect the public by ensuring barristers meet the standards set for them and by taking action against barristers who do not follow the BSB rules.
The BSB Handbook sets out the 10 core duties that barristers must abide by and they are very similar to those set out by the SRA in terms of solicitors.
The BSB handbook further sets out the “rules, guidance and outcomes” that barristers must consider and follow.
What does a barrister do?
Barristers can help and support you in a variety of different ways, including:
- Representing you in court;
- Drafting legal documents, for example position statements and legal opinions;
- Assisting with strategy and working together with you and your solicitor;
- Providing specialist advice in complex areas of law;
- Representing you in non-court processes such as arbitration, private FDRs and early-neutral evaluation. They can also train to be mediators arbitrators and private FDR judges themselves.
How do barristers charge for their work?
As opposed to solicitors, barristers usually charge a fixed fee for a piece of work, such as preparation for and attendance at a hearing or conference. However, some do charge based on an hourly rate for certain pieces of work.
Barristers are typically self-employed individuals who are a member of ‘chambers’ which is a group of qualified barristers who all practice from the same address and share the same admin team.
Do I have to have a barrister?
Much like a solicitor, you do not have to have a barrister and you are able to represent yourself in proceedings. Again, whilst there is no legal requirement to have a barrister it can be beneficial to do so particularly where you are dealing with complicated legal issues.
Some barristers can be instructed by individuals directly which is known as ‘direct access’. To reduce costs, some clients like the assistance of a barrister in court but wish to do most of the background work themselves.
How Moore Barlow can help
Moore Barlow has an expert team of Family and Divorce Lawyers who are able to help and also work closely with barristers in order to obtain the best outcome for our clients and their families.
If you would like to speak with one of our solicitors about your options, please do contact us for further information.
