Solicitors vs Barristers: Roles, Rights of Audience, and How...

Introduction

“Lawyer” is the umbrella term for those qualified to provide legal services. In England and Wales, that mainly includes solicitors and barristers. Both can represent clients in court, but their day-to-day work, training routes, and how they get instructed differ. This guide explains those differences clearly, with a focus on criminal practice, so you know who does what, when a barrister or a solicitor advocate is likely to appear, and how your legal team works behind the scenes.

What You’ll Learn

• What solicitors and barristers each do in criminal cases
• How rights of audience work, including Higher Rights for solicitors
• Why you’ll meet a duty solicitor in the Magistrates’ Court but not a duty barrister
• How cases move from police station to Magistrates’ Court to Crown Court
• How instruction works: client → solicitor (litigator) → barrister (advocate)
• What “direct access” to a barrister means and when it’s suitable
• The employment setup: firms vs self-employed practice in chambers
• Fees and titles: junior counsel vs King’s Counsel (KC)

Core Concepts

Roles and Rights of Audience

At a glance:

• Solicitors advise clients, prepare cases, manage disclosure, liaise with the police and Crown Prosecution Service (CPS), and appear regularly in the Magistrates’ Court. Many conduct advocacy there day in, day out.
• Barristers specialise in courtroom advocacy and written advice on law and evidence. They traditionally appear in the Crown Court, Court of Appeal, and Supreme Court.

Rights of audience:

• Barristers have full rights of audience by default in all courts.
• Solicitors have automatic rights in the Magistrates’ Court and County Court. Those who qualify for Higher Rights of Audience (often called solicitor advocates or Higher Courts Advocates) can appear in the Crown Court and the higher appellate courts. They can also wear the wig and gown when the court requires it.

The “wig” question:

• The attire is a tradition of higher courts’ advocacy, not a job title in itself. Both barristers and solicitor advocates with Higher Rights may wear wigs in the Crown Court and above.

How Work Reaches Each Professional

The typical route in criminal cases:

• Police station: A suspect requests a solicitor. Attendance can be at any hour, so firms run on-call rotas.
• Magistrates’ Court: Most cases start here. The client’s solicitor handles early hearings, bail applications, and case management.
• Crown Court: Serious offences go up to the Crown Court. The solicitor instructs a barrister (or uses a solicitor advocate) to run the trial advocacy. The solicitor remains the litigator with overall conduct of the case.

Who instructs whom:

• The client instructs the solicitor. The solicitor then instructs a barrister where needed. The barrister advises both the solicitor (professional client) and the lay client (the defendant) on legal issues, plea, trial strategy, and sentence.

Duty schemes:

• Magistrates’ Courts have duty solicitors to assist unrepresented defendants at first appearance. There isn’t a duty barrister scheme. In the Crown Court, advocacy is arranged through the solicitor in advance.

Direct Access and When It Works

• Many barristers can accept instructions directly from members of the public under the Public Access (direct access) scheme.
• In criminal law, direct access is less common because clients often need police station advice, case preparation, and legal aid applications—all core solicitor functions.
• Direct access can suit certain areas (e.g., some civil or regulatory matters) where case preparation needs are narrower or can be handled by the client.

Employment, Structure, and Regulation

• Solicitors usually work in law firms as partners or employees. Firms offer 24/7 coverage, file management systems, and client care infrastructure.
• Barristers are generally self‑employed, practising from sets of chambers. Clerks manage their diaries and fees. Barristers are members of one of the four Inns of Court (Gray’s Inn, Lincoln’s Inn, Inner Temple, Middle Temple).
• Regulation: Solicitors are regulated by the Solicitors Regulation Authority (SRA). Barristers are regulated by the Bar Standards Board (BSB).

Who Leads on Strategy?

• The solicitor manages the case overall: gathering evidence, instructing experts, dealing with disclosure, and liaising with the CPS and court.
• The barrister leads on courtroom advocacy and advises on plea, legal arguments, admissibility, and trial tactics.
• Good outcomes rely on the two roles working closely and communicating clearly with the client.

Who Earns the Most?

• Fees vary by area, seniority, and funding (private vs legal aid). King’s Counsel (KC) generally command the highest fees, particularly in lengthy or complex trials. Junior barristers and solicitor advocates handle the bulk of day‑to‑day court work on lower fee scales. Rates and arrangements differ across firms and chambers.

Key Examples or Case Studies

1) First Appearance in the Magistrates’ Court

• Scenario: An arrested person is charged with shoplifting and brought before the Magistrates’ Court the next morning.
• What happens: A duty solicitor advises on plea and bail. If the case stays in the Magistrates’ Court, the client may continue with the same firm’s solicitor for later hearings and a trial in front of magistrates or a District Judge.
• Key point: Most lower‑level criminal cases are run entirely by solicitors in the Magistrates’ Court.

2) Indictable Offence in the Crown Court

• Scenario: A defendant faces a robbery charge sent to the Crown Court.
• What happens: The solicitor gathers evidence, instructs experts, and prepares a brief for a barrister. The barrister advises on plea, drafts legal arguments, and conducts the trial: jury selection (where relevant), opening, cross‑examination, and closing speech.
• Key point: The solicitor remains the litigator; the barrister leads the trial advocacy.

3) Solicitor Advocate Handling a Serious Case

• Scenario: A fraud case with large volumes of documents.
• What happens: The defendant’s solicitor is a Higher Courts Advocate and takes the advocacy in the Crown Court. The same solicitor and team prepare the papers, apply for legal aid, and conduct the trial advocacy, sometimes with junior counsel assisting on discrete issues.
• Key point: The line between solicitors and barristers, in advocacy terms, can be thin where solicitors hold Higher Rights.

4) Direct Access Considered—but Not Ideal for Crime

• Scenario: A client wants to instruct a barrister directly for a criminal charge.
• What happens: The barrister explains that police station attendance, ongoing disclosure management, and legal aid requirements are best handled by a solicitor. The client instructs a solicitor, who may later brief the same barrister.
• Key point: Direct access has its place, but criminal cases usually require a solicitor from the outset.

Practical Applications

For defendants:

• If arrested, ask for a solicitor at the police station. Advice is free and available 24/7.
• In the Magistrates’ Court, ask court staff about the duty solicitor if you don’t already have representation.
• If your case goes to the Crown Court, expect your solicitor to discuss whether to instruct a barrister or use an in‑house solicitor advocate. Ask about experience in your type of case.
• Agree a clear plan: what you must do (e.g., provide instructions promptly), how often you’ll be updated, and who to contact for urgent matters.

For choosing between a barrister and a solicitor advocate:

• Ask about Higher Rights of Audience and recent Crown Court experience.
• Request examples of similar cases handled and outcomes (subject to confidentiality).
• Clarify availability for the trial dates and any need for a junior advocate.

For costs and legal aid:

• Check if you qualify for legal aid and what it covers (solicitor’s work, counsel’s fees, experts).
• If paying privately, get a written costs plan and how fees change if the case grows in scope.

For solicitors and barristers working together smoothly:

• Exchange case summaries and schedules early, especially for complex trials.
• Identify disclosure issues and expert evidence promptly.
• Keep the client in the loop on plea advice, trial risks, and sentencing guidelines.

Summary Checklist

• Both solicitors and barristers are lawyers; the main difference lies in their typical workloads and how they are instructed.
• Barristers have full rights of audience; solicitors can gain Higher Rights to appear in the Crown Court and above.
• Duty solicitors assist in the Magistrates’ Court; there is no duty barrister scheme.
• In crime, most clients first deal with a solicitor from the police station onwards.
• The solicitor (litigator) instructs the barrister (advocate) for serious hearings and trials.
• Direct access to barristers exists but is less common in criminal cases.
• Solicitors usually work in firms; barristers are commonly self‑employed in chambers.
• KCs generally earn more than juniors; fees depend on case type, complexity, and funding.

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