Solicitor and a barrister - Essay Example

Law Solicitor and a Barrister When living in a nation that supports a split legal system in its common law jurisdiction one needs to be aware of the roles played by a solicitor and a barrister. The fundamental question most people need to consider also while seeking a career in the law field is whether to be a solicitor or a barrister. However, in many parts of the world any law practitioner is simply referred to as a lawyer. In the UK’s legal system however one has to decide either to become a barrister or a solicitor.

A barrister sometimes termed as Bar-at-Law is a legal profession who specializes in giving professional legal advice, courtroom advocacy, and drafting legal pleadings (School of Law, Queen Mary University of London, 2011). Barristers require specialized skills in certain areas such as analysis and research so that they can be able to speak confidently and be quick to spot key issues. They are mostly found in arguing cases on behalf of clients in ether tribunals or in court. Solicitors on the other hand are more concerned with transactional type of the legal work.

Solicitors are generally attorneys to their clients, which mean they have the authority to legally act on behalf of their clients. A solicitor can represent his or her client to the extent of carrying out litigation on their behalf such as making applications to the court or opponents. A barrister however, is forbidden by law to carry out such functions such as litigation, and can only represent clients in court only when instructed by qualified professional client or a solicitor (School of Law, Queen Mary University of London, 2011).

An example situation that would require a solicitor is a legal case concerning the custody of a child between divorcee parents. A solicitor in this case is able to directly communicate with the client and the opponent. With such an advantage the solicitor has the power to negotiate on behalf of the client outside the courtroom into an agreement that will favor his client and avoid a hearing in court. For a barrister a good example would be a case where two companies are suing each other a good example is Apple Inc.

Company suing Samsung Corporation. Apple Inc. Company will hire a solicitor to represent them in court; however, the solicitor will require the professional skills of a barrister to be able to argue out his case in the courtroom.Work citedSchool of Law, Queen Mary University of London. (2011, June 10). Solicitor or Barrister. Retrieved February 4, 2013, from Law.qmul: http://www.law.qmul.ac.uk/careers/started/solicitororbarrister