What is the Difference Between a Lawyer, Solicitor and Barrister in England?

You will probably have come across the terms ‘lawyer’, ‘solicitor’ and ‘barrister’ before, whether in real life or through television. As a business owner, it is important to know the difference between these three legal entities and how they can help you in your business practices. In short, they are all professionals who provide legal services that can help your business operate within the boundaries of the law. This article will outline the key differences between lawyers, solicitors and barristers operating in England and how they can each help your business practices. 

What is a Lawyer?

In England, the term lawyer is quite a far-reaching phrase. It works as an umbrella term for any person that is a Licenced Legal Practitioner (‘LLP’). In other words, a lawyer is a term for someone who is allowed to provide legal advice on the law. 

In places around the world, a lawyer can mean anything from a person who practices law to someone with a legal qualification from a university. However, in England, the term is an overarching term for both solicitors and barristers. 

What is a Solicitor?

Solicitors are qualified legal practitioners who advise their clients on a broad range of matters, from criminal to commercial law. They operate by taking instructions from their clients and advising them on legal disputes. Solicitors can also help advise clients during business transactions.

Many businesses throughout England rely on solicitors to help them run their day-to-day business operations. Whether that includes advising you on your employment contracts or helping you recover earnings from someone refusing to pay you for a service, a solicitor’s functions are varied. Typically, however, a solicitor’s work falls into the two main categories of contentious and non-contentious work.

1. Contentious Work

Contentious work describes situations where a solicitor is employed to help a company settle disputes against other parties. This is also known as dispute resolution and occurs when one party brings a claim against another. Each party will usually engage a dispute resolution lawyer to argue their case. When parties reach an agreement, the dispute will usually be settled. Alternatively, you can settle disputes through arbitration or in court.

2. Non-Contentious Work 

In non-contentious legal work, solicitors will advise you on how your business can continue to carry out its daily functions and help your organisation to grow. At a fundamental level, solicitors can help you negotiate and draft contracts that will help you attract more business. Furthermore, solicitors can also ensure the contracts you use do not contain unfair terms.  

An unfair contract term is any clause in a contract that disproportionately gives one party greater rights or benefits than you and can cause you some form of financial detriment. An example of an unfair contract term would be where a party is required to pay substantially more than what would be considered reasonable for a service. Consequently, these measures both protect your commercial agreements and reduce the likelihood of future disputes.  

Additionally, they can advise you on financial matters relating to the markets and internal company employment arrangements. 

More specific examples of non-contentious legal work include: 

• drafting and advising on business contracts; 
• assisting companies with mergers and acquisitions;
• advising on employment contracts;
• advising on matters relating to debt and the stock markets; and 
• ensuring compliance with data protection legislation. 

What is a Barrister?

The main difference between solicitors and barristers is that barristers advise and represent their clients in court cases. While solicitors can also operate in a courtroom and perform many of the same functions as barristers, the latter specialises in court advocacy. Barristers are also known as ‘legal counsel’. You will typically see them in a courtroom wearing a wig and a gown. While many people often associate barristers with criminal law cases, they also advise on civil law disputes, from commercial to employment law matters. 

Functions of a Barrister

Barristers usually specialise in a particular area of law. Depending on what that area of law is, barristers can perform a wide range of functions. 

Barristers will act as an advisory body for their clients on a particular matter and interpret the law to help clients with their day-to-day business practices. They can also advise clients on how to seek the best possible outcome in the courtroom. Furthermore, acting as their client’s courtroom advocate, they will present their client’s case and question witnesses.

Their strong negotiation skills mean barristers can also be useful in a tribunal or mediation scenario to help you negotiate the best outcomes for your business. Barristers often go on to work as magistrates. They can also apply to become judges or take offices in the government if they excel within their profession. 

Key Takeaways

In England, a lawyer is anyone with a licence to practice law. It is an umbrella term for both solicitors and barristers, which comprise the two primary types of legal professionals found in the UK. A solicitor is a legal professional who can provide specialist legal advice on the legal implications of your business’s day-to-day functioning. They can also advise on more contentious areas of law, like dispute resolution. On the other hand, barristers are advocates that represent their clients in court. They present their client’s case and argue on their behalf to secure a favourable outcome. 

It is often advisable to get a lawyer’s advice if you encounter any legal issues in your general business dealings. If you need a solicitor’s advice, our experienced commercial lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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