The terms “lawyer” and “solicitors” are typically used interchangeably. In fact, some practising solicitors refer to themselves as “lawyers” because the term is a widely understood term. However, from a legal perspective, there is a difference. While all solicitors are lawyers, not all lawyers are solicitors. This difference is important when deciding who is best suited to work your case.
A lawyer is an umbrella term that refers to anyone that has completed the legal qualifications required and has been admitted to the legal profession by the Supreme Court in Australia. Once admitted, the person is then admitted as a lawyer. Lawyers may then work as a lawyer, barrister, in-house legal counsel, or even academics.
On the other hand, solicitors are practising lawyers who currently hold a practising certificate. These certificates are usually issued by the state’s law society. These certificates allow solicitors to offer legal services to clients and undertake legal work.
What Defines a Solicitor in Australia?
Solicitors are typically the first point of contact for those who need legal advice and representation. Solicitors help clients manage their ongoing legal affairs. They help advise, draft contracts, resolve disputes, and represent clients in certain courts.
Solicitors are also responsible for:
- The initial consultations with client’s and assessing their legal problem.
- Providing legal advice based on the unique circumstances of their client.
- Drafting documents, such as contracts, probates, leases, and wills.
- Negotiating on the client’s behalf.
- Briefing barristers if the circumstance calls for it.
Although solicitors can appear in court, especially in local and magistrates’ courts, they generally do not engage in complex courtroom advocacy. For serious or higher-level court matters, they typically brief a barrister. Barristers, in turn, are another type of lawyer who specialises in courtroom representation and legal argument.
How Does One Become a Solicitor in Australia?
To be able to use the term “solicitor” in Australia, one must complete four steps. First, they must complete a law degree. Then, undertake a practical legal training or supervised traineeship. Then, be admitted to the legal profession by their state or territory. Finally, they need to receive and maintain a current practising certificate from a relevant law society. Once all these steps are completed, a lawyer can then practise as a solicitor and provide legal services.
Key Differences Between Solicitors and Other Legal Professionals
There are some key differences to help when making legal decisions.
Client Interaction:
Solicitors have continuous, direct contact with their clients. They manage the relationship from the initial consultation through to the conclusion of a matter, acting as the client’s primary legal advisor and representative throughout.
Court Representation:
Solicitors can represent clients in court, but typically only less complex matters or lower courts. If the legal problem is more complex or concerns higher courts, solicitors will brief a barrister to take over advocacy. Barristers specialise in courtroom procedures, legal arguments, and cross-examination.
Work Environment:
Solicitors typically work within law firms, government agencies, legal departments, or as sole practitioners. Solicitors often work in teams and collaborate with other solicitors and professionals. On the other hand, barristers are usually self-employed and work within a barrister’s chamber. Barristers are engages on a case-by-case basis as needed, instead of working directly with the clients.
Our solicitors have a portfolio of barristers that we work with on a case by case basis. Call us today at 1 800 572 122 to discuss your problems or concern, and we’ll be happy to help.
