What is a Barrister?

A barrister is a specialist in courtroom advocacy and providing expert legal opinions. Barristers are essentially higher-level solicitors. They are typically engaged by solicitors to represent clients in complex or high-stakes cases.

What is a Solicitor?

A solicitor is often the first point of contact for anyone seeking legal advice or representation. They work directly with clients and handle the day-to-day management of legal matters.

What Do Barristers Do?

• Appear in court to present cases, particularly in higher courts like the District Court, Supreme Court, or Federal Court.

• Advocate on behalf of clients during trials, hearings, and appeals.

• Provide specialised advice on complex legal matters.

• Draft legal documents, such as written submissions, for court proceedings.

• Act as mediators or arbitrators in disputes.

What Do Solicitors Do?

• Provide legal advice on a wide range of issues (e.g., property transactions, contracts, family law, wills).

• Prepare legal documents such as contracts, agreements, or court pleadings.

• Represent clients in lower courts, such as the Local Court.

• Manage cases, including gathering evidence, liaising with witnesses, and negotiating settlements.

• Instruct barristers to appear in higher courts when specialised advocacy is needed.

The Bar Exam

• Most states and territories require aspiring barristers to pass a Bar Exam (or complete a Bar Course). This process ensures they have advanced knowledge of evidence, procedure, and courtroom advocacy.

The topics covered often include:

• Advocacy skills (e.g., how to argue a case in court).

• Advanced legal drafting (e.g., preparing pleadings and submissions).

• Ethical obligations for barristers.

Reader’s Program

• After passing the Bar Exam, aspiring barristers must complete a Readers’ Program (also known as pupillage) under the supervision of an experienced barrister (referred to as a mentor or tutor).

• This is a hands-on learning period where the new barrister, called a reader, develops practical advocacy skills, courtroom etiquette, and understanding of barristers’ rules of practice.

Specialisation and Continuous Development

• Barristers often develop expertise in specific areas of law (e.g., criminal law, commercial law, family law).

• They must complete ongoing professional development tailored to advocacy and trial work.

Key Difference

While solicitors can practise law broadly, barristers are specialists in advocacy and court matters. The additional qualifications focus on courtroom skills, expert knowledge, and independence in legal practice.

This rigorous process ensures barristers are equipped to represent clients in the most complex legal disputes.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Cassidy Pole, paralegal.

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