What is the difference between a Barrister, a Solicitor and a lawyer (and how do I become one?)
This is not, nor intended to be, legal or general advice. For specific admission requirements, please consult your local law society or bar association.
“One wears a wig, right?”
The terms “lawyer”, “solicitor” and “barrister” are often mistakenly used interchangeably. In the article, below, I discuss the use of these terms, what they mean, and how to become one!
What is a lawyer? Let’s start with the easy one: lawyer. A lawyer traditionally referred to someone ‘learned in law’, or holding a law degree or equivalent. These days, while still used, it’s not as safe to use the term to refer to someone who only has a law degree and has not been admitted to practice.
The more common usage of the term refers to someone who has completed a legal degree, and is then admitted to practice law. Indeed, s. 5 of the Legal Profession Act 2007 (Qld) (“LPA”) defines an Australian Lawyer as “a person who is admitted to the legal profession under this Act or a corresponding law”.
In most cases then, “lawyer” is used as a coverall term for solicitors and barristers.
What is a solicitor? A solicitor in Queensland is a legal practitioner who holds a practicing certificate to practice as a solicitor; or who is an interstate legal practitioner who practices in a similar manner and not in the manner of a barrister (Sch 2, LPA). Confused? Let me explain!
To become a solicitor, the person must first have completed an approved law degree. This is usually a Bachelor of Laws or a Juris Doctor degree qualification. They must then have completed practical legal training (or: “PLT” in the business), or a supervised traineeship at a law firm (most commonly, students upon completing their legal degree will then undertake a Post-Graduate Diploma in Legal Practice to satisfy this requirement).
Next, the prospective candidate must be able to satisfy the Legal Practitioners Admissions Board and the Supreme Court of Queensland of their fitness to practice. Once all requirements are met, the candidate then applies for admission to the roll of legal practitioners, and generally has a wonderful admission ceremony day. The “lawyer” then makes an application for a practising certificate. For more information on how to become a solicitor, check out the “how to become a solicitor” page on the Queensland Law Society.
Most people, when they encounter a legal problem, look (or should look!) for a solicitor to assist them. A solicitor will take instructions, provide legal advice and opinion, and prepare the matter for hearing or alternative dispute resolution. Sometimes the solicitor will conduct the hearing themselves, often however, if courtroom advocacy is required, they will “brief” a barrister to assist them and run the case at trial.
What is a barrister? A candidate seeking to become a barrister would have completed all of the steps, above, already. For example, they would have completed a recognised law degree, their PLT or supervised traineeship, and successfully applied for admission as a lawyer in an Australian jurisdiction.
The candidate will then apply to sit the Queensland Bar examinations, which (at time of writing) consists of three closed-book examinations conducted in a single day: legal ethics for Barristers, practice and procedure and evidence. The passing mark is 65% for each exam, and all three must be successfully passed for the candidate to be considered for a place in an upcoming bar practice course.
If all preconditions are met, and the candidate is offered a place on a bar practice course, they then must successfully complete the six-week course. Assuming this is successfully completed, the candidate may then apply to the Queensland Bar Association to become a Barrister.
You may have heard the term “Reader” being used to describe a newly-minted barrister. This simply means the barrister is within their first 12 months, and has two mentors (usually a senior-junior barrister and a Queens/Senior Counsel) that they report to and observe to gather further experience.
Generally, barristers only take their work from a solicitor, not from the public. However, there are exceptions to this rule. For more information on becoming a barrister, check out the Queensland Bar Associations website.
