What Type of Lawyer Can Go To Court?
In Australia, both barristers and solicitors can represent clients in court, although they have different roles and different types of expertise. While solicitors specialise in providing clients with advice and taking instructions, barristers are experts in advocacy and dealing with complex legal arguments. This page outlines the different roles of different types of lawyers.
Solicitors
Solicitors are lawyers who are primarily responsible for taking instructions from clients, providing legal advice and preparing documents. Solicitors may sometimes also assist clients with tasks that aren’t strictly legal in nature, but which have a bearing on their legal matter – such as obtain accommodation. This is particularly the case with solicitors who work for community organisations and deal with disadvantaged clients.
Solicitors commonly deal with the following matters without the involvement of a barrister:
- Drawing up a will
- Conveyancing
- Neighbourhood disputes
- Employment law matters
- Contract readings
- Summary criminal matters
- Financial orders in family law matters
In some cases, a solicitor will deal with more complex matters without a barrister. For example, a criminal file involving a serious charge that is to be finalised in the Supreme Court. This may occur for a range of reasons.
Location
In remote and regional areas, it is more common for solicitors to do their own advocacy than it is in cities. This is because there are fewer barristers available in these locations, and because clients in these locations often have a smaller budget for their legal costs.
Experience
When the solicitor handling a file has a lot of experience in court, or with a particular type of matter, it may not be necessary to involve a barrister.
Budget
Where a client cannot afford to pay a barrister, this may mean that the solicitor runs the matter themselves.
Barristers
Barristers are lawyers who specialise in courtroom advocacy. They have usually worked as solicitors earlier in their career and have deep experience of their areas of law. Barristers are accustomed to dealing with complex and contested matters, including matters that raise legal issues on which there is no settled case law.
It is common to brief a barrister in the following situations:
- Where a criminal or civil matter is going to trial in a higher court
- Where a client is appealing a court decision
A barrister may also be approached to provide a legal opinion. This is a written assessment of a legal situation that may be used to inform a decision as to whether to litigate, or to assist a person to better understand how their case is likely to be viewed by a court.
Barristers may also be briefed to appear in lower-level matters such as for a plea or bail application. This may be for a range of reasons, including that it is the client’s preference to be represented by a barrister or because the matter requires complex legal argument.
When briefing a barrister, you should choose someone who has relevant experience and is available on the dates the matter is to be in court. There is a lot of variation in the rates that barristers charge, depending on their experience and other factors. Some barristers may charge a flat rate for a matter (for example, a bail application) and others may charge an hourly or daily rate.
King’s Counsel
A small number of barristers are King’s Counsel or Senior Counsel. The only difference between King’s Counsel and Senior Counsel is the name, with some states using one term, and some states using the other.
These are barristers who have taken silk, meaning that they have been appointed by the court as Senior Counsel based on a recognition of their high level of skill and achievement. Senior Counsel are generally only briefed in very serious or complex cases.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.