Solicitors and barristers (was Re: June's OT Board Dictionary Launched

[bluesqueak]

June wrote:
> 
> Lets make it simpler:
> 
> Barristers talk more in court.
> 
> Barristers wear the wig and gown - solicitors just wear normal 
> clothing.
> 
> Barristers can become Queen's Counsels and then progress to being 
> judges.
> 
> In the UK when you need a lawyer - you start with a Solicitor who 
> may feel the need to engage a barrister on your behalf.

It's easiest to think of a barrister as a specialist trial lawyer, 
because that's what they are. They are trained solely to argue a 
case in court (which is why trial judges are ex-barristers - they 
know all the tricks)

A solicitor is someone trained to do all the other legal stuff that 
*doesn't* involve actually going into court and pleading the case 
(though they are now allowed to act as a trial lawyer in lower level 
cases).

So if you are in trouble, you see a solicitor. The solicitor will 
know the legal precedents in your case, explain your rights, advise 
you on when and when not to answer questions, fill out any legal 
paperwork, do all the basic background stuff.

It's only when the solictor says 'this is serious enough to go to a 
higher court' that you would be advised to engage a barrister. Even 
then, the solicitor would still be dealing with your case. They will 
do a lot of the research for the barrister, finding witnesses, 
searching for precedents. 

The barrister is trained to take all that stuff and construct a 
coherent case in court. They're also trained to cross examine 
hostile witnesses, whereas solictors usually only deal with 
supporting witnesses. 

So, a barrister is a trial lawyer; a solicitor does all the other 
legal work. 

I think a 'paralegal' is what we would call a 'legal secretary'. 
They're an administrator who specialises in administration in law 
firms - so they've studied some law, but not the full amount 
required by a qualified solicitor. 

Nowadays it's not unknown for the legal secretary to night study for 
a law degree and then become a qualified solictor.

Pip!Squeak