Solicitor or Barrister: Which Do You Need?
England and Wales has two main kinds of lawyer. Solicitors are usually your first point of contact and handle most legal matters. Barristers are specialists in advocacy and legal opinion, and are often brought in for court hearings. This guide explains the difference and how to check who you are dealing with.
Applies in England and Wales. General information, not legal advice — talk to a lawyer about your situation.
Who should read this
- Anyone looking for legal help for the first time.
- Anyone deciding whether they need a barrister for a hearing.
What the law says
- Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). You can check a solicitor or firm on the SRA’s Solicitors Register.
- Barristers are regulated by the Bar Standards Board (BSB). You can check a barrister on the BSB’s Barristers’ Register.
- Some barristers accept instructions directly from the public, without a solicitor, under the public access scheme.
- Other regulated lawyers include chartered legal executives (CILEx) and licensed conveyancers.
- If you are unhappy with a lawyer’s service, complain to them first; if it is not resolved, you can usually take it to the Legal Ombudsman.
Steps
- Start with the problem — For most matters — contracts, property, family, wills, disputes — a solicitor is the usual starting point.
- Check they are regulated — Look them up on the SRA or BSB register before instructing them.
- Ask about costs — Ask for a written estimate or a fixed fee, and what it includes.
- Barrister if needed — Your solicitor instructs a barrister for specialist advice or court advocacy, or you can instruct a public access barrister directly for suitable matters.
Documents you'll need
- A short written summary of your problem, with key dates.
- Copies of relevant contracts, letters and court papers.
Fees
- Solicitors and barristers set their own fees; ask for them in writing before you start.
- Legal aid is available only for some types of case and depends on your finances.
Timeline
Most solicitors can see you within days; timescales for the matter itself depend on the case.
Common mistakes
- Instructing someone without checking they are regulated.
- Not agreeing fees in writing at the outset.
Questions
- Can I go straight to a barrister?
- For many matters, yes — through a barrister registered for public access. They cannot do everything a solicitor does, such as handling client money, so some cases still need a solicitor.
- How are LawMitran lawyers checked?
- Each lawyer listed in the UK is checked against their regulator’s public register before their profile goes live.
When to consult a lawyer
- Always check a lawyer is regulated before you instruct them.
Related
General information about the law in England and Wales, not legal advice. Find a lawyer for advice on your situation.