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The difference between barristers and solicitors Archived 2012-03-10 at the Wayback Machine; Open source legal search tool free access at the Wayback Machine (archived 2010-10-08) Advice on structure and training for the Bar; Barrister vs QC at the Wayback Machine (archived 2013-12-19)
Until recently, the most obvious differences between the two professions were: Only barristers had exclusive and wide rights of audience (that is, a right to plead) in all courts in England and Wales; Only solicitors could be directly engaged by clients for payment.
The breakdown in the strict separation between barrister and solicitor was expected to go further following recognition by the Act of the so-called "Legal Disciplinary Practice" (LDP) [8] (from 31 March 2009) and "Alternate Business Structure" (ABS) [9] (from 6 October 2011) bodies, which allow more flexibly structured legal practices.
Barristers are a wholly separate profession to solicitors - they follow different rules and provide different services. They are not usually the first port of call for people seeking legal advice. Instead, they typically receive instructions from a solicitor representing a client, and then represent the client at court and present their case.
In the United Kingdom, the practice of law is divided between barristers (advocates in Scotland) and solicitors; advocacy before a court is almost always carried out by barristers (or advocates). A person who becomes an advocate or barrister is referred to as being called to the bar .
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. [1] [2] In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a ...
A bar council (Irish: Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers. In such jurisdictions, solicitors are generally regulated by the law society.
The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. [48] In most cases barristers were obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally ...