May
18
Should specify that we are in Australia; in case these terms have different meanings in other countries.
I believe I should know but the fact is I don’t – A short concise explanation would be very much appreciated. Thank you.
Are you thinking about selling your home yourself? then
Lawyer is a general term for both of them. Solicitors do more general legal work, working with clients, preparing cases etc.; barristers do more specialist things and they are the ones usually presenting in court (except the lower courts). They get stuff referred to them from solicitors. That’s a very basic explanation.
An overview: http://www.foolkit.com.au/sa/public/barristers
For more detail you can try this (about Victoria): http://www.vicbar.com.au/pdf/oneprof_twobranches.pdf and http://www.vicbar.com.au/b.2.asp#1
A page from NSW: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R31CHP6
A lawyer is variously defined either as someone who practises law, or merely as someone with a law degree. A legal practitioner is, unambiguously, someone who practises law (whether as a barrister, solicitor, or both). Barristers present cases in court, and write opinions about specialist legal issues. Solicitors do pretty well everything else. Solicitors meet with clients directly, and if the issue will involve a trial (other than some minor matter before a Magistrate’s/Local Court) the solicitor will brief a barrister who will do the court business.
In some states there are separate admission requirements for barristers and solicitors (this is called a split profession) while in others all legal practitioners are admitted as barristers and solicitors (a fused profession) although in practice many still tend to work as either one or the other.
Barristers cant handle public money and have audience in higher courts … solicitors can handle public money and only get into lower courts (mostly).
That’s the UK position more or less.. think its the same in Aus.