Barristers and solicitors are both lawyers, but they specialise in different areas of legal practice. If you contact a law firm seeking advice, you will be referred to a solicitor. Solicitors work directly with clients, providing guidance, case management and legal representation as their case progresses.

The title ‘solicitor’ dates back to the Victorian era and derives from a now obsolete meaning of the verb ‘to solicit’ – namely, ‘to conduct business on behalf of others’.

By contrast, barristers specialise in courtroom representation. They are the ones who argue cases in front of a judge, draft court statements, conduct cross examinations and advocate for their clients in person at legal hearings. When in court, barristers wear a distinctive, traditional uniform comprising horsehair wigs, starched white collars and dark robes known as ‘gowns’.

Barristers rarely work directly with clients. Instead, most times they are hired by solicitors who instruct them to act on behalf of clients who need the kind of specialist courtroom advocacy offered by barristers.

While most solicitors work as partners within a law firm, barristers are typically based in ‘chambers’, also known as ‘sets’ (as in ‘a set of chambers’). These premises may be for their own personal use or they may be shared with other barristers.

England and Wales are unusual in dividing the legal profession into two in this way. A few other jurisdictions – Northern Ireland, Hong Kong, South Africa and parts of Australia – follow our lead. But most countries have ‘fused’ systems in which lawyers fulfil both roles. In the United States, for example, attorneys work directly with clients and conduct courtroom advocacy, and no distinction at all is made between the two functions.

Training, qualification  and organisational structure

Path to qualification

  • Solicitors typically complete either a Qualifying Law Degree or a conversion course (e.g., PGDL), then the Legal Practice Course (LPC), followed by a 2‑year training contract in a firm. During this period, they gain experience in areas—legal research, client care, drafting documents, negotiating, and advocacy in lower tribunals.
  • Barristers also start with a law degree or conversion course, then the Bar Professional Training Course (BPTC), followed by a pupillage: one year divided into two six-‑month placements—observation in the “first six,” and independent work in the “second six”. Only after pupillage do they receive full call to the Bar.

Work environment

  • Solicitors are most commonly employed in law firms—ranging from national firms to niche family practices. Larger firms may have multi-disciplinary teams handling private law (divorce, finances, children) and public law (care proceedings, adoption).
  • Barristers are usually self-‑employed and based in chambers (sets), though some join in-‑house practices like the Government Legal Department. They serve as independent advocates, accepting instructions via solicitors or direct public access.

Rights of audience & advocacy

Court appearances

By default, barristers hold full rights of audience in all courts—from the family court through to the Supreme Court. They conduct:

  • Advocacy in fact ‑finding hearings, final hearings, or child arrangement proceedings
  • Cross-‑examination of witnesses and oral submissions
  • Presenting complex arguments, legal interpretations, and drafting skeleton arguments

Solicitors, in contrast, usually represent clients in the family court without formal robes/wigs, focusing on paperwork, case management hearings, solicitor-client negotiations, and lower-‑level procedural advocacy. While solicitors can act in higher courts, they must first obtain Higher Rights of Audience—becoming solicitor ‑advocates—though relatively few do so.

Advocacy styles & practice

  • Barristers emphasise courtroom advocacy: presenting submissions, interviewing and cross-‑examining witnesses, responding dynamically to judicial queries.
  • Solicitors focus on pre ‑court case preparation: gathering evidence, liaising with professionals (e.g., CAFCASS officers, social workers), drafting and applying court orders, and negotiating settlements—backed by in ‑court attendance without ceremonial dress.

Client contact and case management

Points of client contact

  • Solicitors are typically the first and continuous point of contact for clients. They:
    • Provide initial advice on divorce, child arrangements, or financial remedy options
    • Manage client expectations through the Family Procedure Rules and court timetable
    • Coordinate dispute resolution processes such as mediation, collaborative law, or solicitor negotiations
    • Engage experts (e.g., psychologists, financial specialists) and prepare instructions for court
    • Provide ongoing legal and emotional support
  • Barristers usually see clients at specific stages: before complex hearings or trial. Unless instructed via Direct/Public Access, they rely on the solicitor to:
    • Deliver the client’s file and brief in the case
    • Provide written instructions, evidence bundles, chronology, and disclosure
    • Serve as an intermediary between client and barrister

Direct/public access

Since 2004, the Public Access scheme permits individuals to instruct a barrister directly, bypassing solicitors. However:

  • The barrister needs public access authorisation
  • The client becomes responsible for litigation tasks—admin and court filings—typically handled by solicitors

In practice, many barristers ask clients to hire a solicitor or legal assistant to handle preparation and case administration.

Do I need both a solicitor and barrister to help me?

You might do – but this is not something you will need to worry about at the outset of your case. If you need legal advice or representation, focus on finding a solicitor. Then, once you have discussed the details of your case, that solicitor will advise you whether you may need a barrister, too. If so, the solicitor will usually identify suitable candidates and make contact with them on your behalf.

Professional regulation, duties & ethics

Ethical obligations

  • Solicitors are governed by the Solicitors Regulation Authority (SRA). They must uphold client confidentiality, avoid conflicts, manage client money professionally.
  • Barristers are regulated by the Bar Standards Board (BSB). Their key duties include:
    • The cab-‑rank rule: they must accept any case within their expertise if available
    • Independence: maintain objectivity and concentrate on admissible evidence and legal principles
    • No client money: barristers cannot hold funds, so solicitors must manage client accounts

Collaboration & responsibility

Solicitors instruct barristers via a brief, which includes:

  • Case facts, issues, witnesses, documents, and disclosure lists
  • Court bundles, skeleton arguments, and judgment comments

Barristers usually indemnify themselves via professional insurance. Both parties should ensure clarity on fee structure, scope of work, and communication flow.

Cost & funding considerations

Legal aid & private funding

  • Legal Aid in family law remains selective. It covers public law (care proceedings) and limited private law cases (domestic violence allegations).
  • Many family matters are privately funded—so:
    • Solicitors manage budgets, prepare cost estimates, possibly negotiate fees
    • Barristers are instructed as briefed, either by firms (usually private paying) or through legal aid arrangements

Pro bono & public interest work

Many barristers undertake pro bono clinics. For example, Christopher Naish, a retired family law barrister, was recognised for helping low ‑income clients through university legal clinics. Solicitors, too, often serve in legal aid clinics or provide conditional fee arrangements.

Cost-‑effectiveness & strategy

When both solicitor and barrister are engaged:

  • Solicitor fees cover advice, paperwork, management, negotiations, and lower courts
  • Barrister fees are for hearings, skeletons, written opinions, and trial appearance

In less contentious matters, a solicitor ‑advocate may carry out all advocacy, avoiding brief fees. But in complex cases, barristers provide cost savings through advocacy expertise and strategic skill.

Limits, overlaps & emerging trends

Overlap in advocacy

  • Solicitors with higher rights of audience can appear in higher courts—gaining some functions traditionally reserved for barristers
  • Barristers increasingly accept direct access work in family cases, handling both advice and limited litigation roles.

Digital & remote hearings

The post-‑pandemic landscape has seen an increase in remote hearings. Solicitors and barristers alike must master virtual presentation, managing bundles, witness video links, and remote advocacy. Barristers may train solicitors in courtroom advocacy, depending on hearing format.

Collaborative & ADR models

Alternative Dispute Resolution methods like collaborative law and mediation are driven by solicitors—fostering less adversarial outcomes. Barristers may get involved to provide “settlement advice” at key junctures or to give expert family law opinions during negotiations.

Summary of key differences & interplay

Solicitors and barristers perform distinct but complementary roles throughout the legal process:

  • Family law solicitors are typically the first professionals a client will contact when facing issues such as divorce, child arrangements, or financial disputes.
  • They also act as the consistent point of contact throughout the case, helping clients understand procedural timelines, court expectations, and possible outcomes.
  • In terms of advocacy, solicitors may represent clients in preliminary hearings or case management conferences in the Family Court, and some have acquired Higher Rights of Audience to represent clients in more senior courts.
  • In complex cases, or contested hearings, solicitors will instruct a barrister to take over the advocacy elements of the case.

Family law barristers are specialist advocates trained to argue cases in court and to provide authoritative legal opinions on complex matters. They are generally brought into a case at key junctures, such as before a fact-finding hearing, a final order hearing, or when a dispute escalates to the High Court or Court of Appeal. With full rights of audience, barristers are qualified to appear in all courts, including the Family Court, High Court, and beyond.

Their core strengths lie in cross-examining witnesses, drafting persuasive skeleton arguments, making oral submissions to the judge, and applying nuanced points of law to the facts at hand. Unlike solicitors, they rarely handle ongoing communication with the client or manage the administrative side of a case. Instead, they work on instruction, either from a solicitor or directly via public access, and their involvement is often limited to specific hearings or stages of the litigation process. Additionally, because barristers operated under the “cab-rank rule,” it obliges them to accept cases within their competence, regardless of the parties involved.

Although solicitors and barristers operate under separate regulatory frameworks, their collaboration is often essential to providing effective legal representation in family matters. The solicitor typically oversees the strategy, groundwork, and communication, while the barrister provides courtroom expertise and legal precision at crucial litigation stages. This division of labour not only ensures efficiency and cost-effectiveness but also enhances the quality of legal advice and advocacy available to clients.

In recent years, the gap between the two professions has narrowed in some respects. Solicitor-advocates now conduct more in-court advocacy than in the past, and public access barristers sometimes handle preliminary advice and case preparation. However, these developments have not eliminated the fundamental distinctions between the two. Together, they form a powerful legal team capable of navigating the emotional, procedural, and legal complexities of family law disputes.

Choosing between solicitor and barrister

Clients typically:

  • Approach a solicitor first, who evaluates needs and:
    • Handles straightforward matters independently, or
    • Instructs a barrister for hearings or written opinions.
  • May access a barrister directly under public access—but must be prepared to manage paperwork and advocacy logistics.

Do barristers specialise in family law?

Yes. Just like solicitors, barristers – and sometimes whole chambers – develop specialisms in particular areas of practice, and family law is a prominent example. However, by their very nature, family law barristers only become involved in those more contentious cases requiring the attention of a judge. Most family disputes are settled out of court via negotiation and agreement.

In family law, solicitors and barristers maintain a connected professional relationship. Each contributes unique, complementary skills:

  • Solicitors guide clients through complex emotional and administrative terrain, offering broad case management and low-‑level advocacy
  • Barristers provide specialist advocacy, rigorous legal analysis, courtroom experience, and persuasive argumentation

Together, they ensure clients receive continuous support, whether negotiating amicable outcomes or fighting for rights in court.

If you are involved in a contentious family law case that may require the assistance of a barrister, Major Family Law can provide expert input. Why not call us today for a second opinion?