general law
What’s the difference between a barrister and a solicitor?
Put simply a barrister is a specialist advocate or litigator with expertise in representing clients in disputes both in and out of court. While some solicitors have litigation experience, most specialise in giving advice and handling transactions.
You’d be well advised to get a barrister if you’re facing a contentious issue or you need an expert advocate/negotiator/representative to take a stand on your behalf.
Will I need both?
You only need to have both a barrister and solicitor in some situations. Sometimes a barrister needs to work with an instructing solicitor. In other situations, they can work with you directly, including when you need:
- a legal opinion;
- legal representation because you have been charged with an offence that is not being prosecuted by the Serious Fraud Office, the Financial Markets Authority, or the Commerce Commission;
- an arbitrator or mediator;
- assistance with certain types of employment or family law matters, or certain civil matters that are not before the courts;
- assistance or advice on a non-profit basis; or
- certain other kinds of legal assistance.