Barristers represent one of two categories of legal professionals employed in numerous legal systems, each fulfilling distinct roles within case law and courtroom proceedings. The other category is known as solicitors. The primary function of barristers is to serve as personal advocates for their clients in the appropriate courts of law. Their responsibilities include verbally presenting cases in court, whether to a jury or a judge.
Barristers do not engage in preparatory tasks such as offering client advice, managing client instructions, drafting or reviewing legal documents, overseeing day-to-day case administration, or preparing evidence for court presentation. These preparatory duties typically fall under the purview of solicitors when the two legal roles are distinct. In this arrangement, barristers operate as the in-court legal representatives on behalf of solicitors who handle trial preparation.
Barristers enjoy unrestricted access and the right to be heard in higher courts of law. This privilege sets them apart from various other legal professionals who are granted only limited court access after demonstrating specific qualifications. As such, the barrister’s occupation closely resembles that of lawyers who argue cases before civil law courts.
Barristers rarely, if ever, interact directly with clients. The client’s solicitor acts as an intermediary between the client and the barrister, including engaging the barrister’s services to argue a case. Any correspondence from clients is directed to the solicitor rather than the barrister. Solicitors generally manage barristers’ fees and provide them with instructions for arguing cases on behalf of clients.
Typically, barristers operate as individual sole proprietors, as they are prohibited from forming corporations or partnerships. However, they can establish chambers where they share office expenses and clerical services. Some chambers have evolved into sophisticated, large-scale operations that resemble corporate entities.
Barristers are valued for their highly specialized knowledge of precedent and case law. General practice solicitors often seek a barrister’s expert opinion when encountering unusual or atypical areas of law. In some countries, barristers are permitted to work for corporations, banks, or solicitor firms as legal advisers.
The long-standing traditional division between the roles of barristers and solicitors is gradually eroding in many countries. For instance, in the British Isles, barristers once held the exclusive right to appear in higher courts. Now, solicitors are allowed to argue directly on behalf of clients in trials.
Solicitor firms are increasingly retaining more complex litigation tasks within their own organizations. Barristers are now permitted to deal directly with members of the public, although many still choose not to do so. This reluctance stems from their narrow training in court advocacy, which does not typically equip them to offer legal advice to everyday individuals.
While barristers continue to argue cases on behalf of solicitors and their clients, they no longer play a significant role in trial preparation. Typically, barristers receive briefs from solicitors, which they will argue either one or several days before a hearing.
