Lawyer vs Solicitor vs Barrister: What's the Difference?

A lawyer is anyone admitted to the Australian legal profession. A solicitor is a lawyer who advises clients directly and runs their matter from start to finish. A barrister is a lawyer who practises as an independent advocate and argues cases in court, usually after a solicitor briefs them.

For almost every legal problem, the first step is to contact a solicitor. A solicitor gives advice, prepares documents, negotiates and files court papers. If the matter needs a specialist advocate for a trial, an appeal or a formal opinion, the solicitor briefs a barrister. You can compare solicitors' firms by practice area and city on our list of best law firms in Australia.

Is a solicitor the same as a lawyer?

A solicitor is always a lawyer, but a lawyer is not always a solicitor. The difference comes from two separate steps: admission, and holding a practising certificate.

Under section 5 of the Legal Profession Act 2007 (Qld), an "Australian lawyer" is a person admitted to the legal profession. Under section 6, an "Australian legal practitioner" is an Australian lawyer who also holds a current practising certificate. The Legal Profession Uniform Law, which applies in NSW and Victoria (since 1 July 2015) and Western Australia (since 1 July 2022), uses the same two terms.

So a person can be admitted, and correctly call themselves a lawyer, without being allowed to practise. To act for clients, a lawyer needs a current practising certificate, and that certificate is issued either as a solicitor or as a barrister.

What is a solicitor?

A solicitor is a lawyer who holds a solicitor practising certificate and works directly with clients, usually in a law firm. A solicitor typically does six things.

1. Advises clients on their legal position and options.
2. Drafts contracts, wills, agreements and letters.
3. Negotiates settlements with the other side.
4. Prepares and files court documents and evidence.
5. Holds client money in a law practice trust account.
6. Briefs a barrister when a matter needs specialist advocacy.

Solicitors are the lawyers most people deal with. The firms ranked on our practice pages are mostly solicitors' practices.

What is a barrister?

A barrister is a lawyer who holds a barrister practising certificate and practises as an independent, specialist advocate. The New South Wales Bar Association describes barristers as trained to appear in courtrooms, commissions of inquiry and other forms of dispute resolution, and also to give objective advice on particular legal problems.

Barristers are self-employed. Under rule 12 of the Legal Profession Uniform Conduct (Barristers) Rules 2015, a barrister must practise as a sole practitioner. Most share chambers with other barristers, and a clerk manages their diary and their contact with solicitors.

Rule 17 of the same rules sets out the "cab-rank principle": a barrister does not pick clients by personal preference, and generally takes the briefs offered in their area of practice, subject to exceptions set out in the rules.

In NSW, becoming a barrister takes three steps, and the candidate must be admitted as a lawyer before the second step:

1. Firstly, pass the NSW Bar Examination.
2. Secondly, complete the 4-week Bar Practice Course.
3. Thirdly, complete a reading period of at least 12 months under the supervision of an experienced barrister, called a tutor.

The NSW Bar Association's statistics count about 2,500 barristers in New South Wales.

What is the difference between a solicitor and a barrister?

The difference between a solicitor and a barrister comes down to five points.

1. Client relationship. A solicitor takes instructions from the client and manages the whole matter. A barrister usually takes instructions through the solicitor.
2. Court advocacy. Both can appear in court, but barristers specialise in advocacy: trials, appeals and contested hearings.
3. Business structure. Solicitors work in firms, companies or government. Barristers practise alone, even when they share chambers.
4. Trust money. Solicitors hold client money in trust accounts. Barristers generally do not, apart from limited direct-access arrangements.
5. Billing. A solicitor bills the client. A barrister bills whoever briefed them, which is usually the solicitor.

Can a solicitor appear in court?

Yes, solicitors appear in court. Solicitors handle many hearings themselves, especially mentions, bail applications, pleas and short hearings in Local and Magistrates Courts. They usually brief a barrister for jury trials, long hearings, appeals and cases that turn on complex legal argument.

Can you hire a barrister directly?

Yes, in some circumstances. The NSW Bar Association confirms that barristers can accept work directly from a person who is not a lawyer, which is called "direct access". Under rule 21 of the Legal Profession Uniform Conduct (Barristers) Rules 2015, a barrister has no duty to accept a direct access brief. Under rule 22, a barrister who does accept one must make certain disclosures to the client.

Direct access suits discrete tasks, such as an opinion on prospects or advice on a document. Barristers do not run the administrative side of a case in the way a solicitor does. In NSW, a barrister who takes fees in advance on a direct access matter must hold them in a dedicated trust money account under the Legal Profession Uniform Law Application Regulation 2025 (NSW).

Which states have a separate bar?

NSW, Victoria and Queensland each have a separate bar. Barristers there hold barrister practising certificates and practise only as barristers. The law that regulates lawyers also differs by state and territory.

For a client, the practical point is the same everywhere. Start with a solicitor, and let the solicitor decide whether a barrister is needed.

What is higher than a barrister?

The rank above an ordinary barrister is Senior Counsel (SC) or King's Counsel (KC), depending on the state or territory. These barristers are known informally as "silks", after the silk gowns they wear.

1. Barrister (junior counsel). Any barrister who is not a silk, whatever their age or experience.
2. Senior Counsel or King's Counsel. Barristers recognised for outstanding skill as advocates and advisers, who take on particularly complex or difficult cases. In NSW, the title has been Senior Counsel since 1993; before that it was Queen's Counsel. Jurisdictions that use the older title now appoint King's Counsel, the title that replaced Queen's Counsel after the accession of King Charles III in 2022.
3. Judicial office. Many judges are appointed from the senior bar, although a judge is no longer a practising barrister.

A silk usually works with a junior barrister on large cases. Both are briefed and paid through the solicitor.

How are solicitors and barristers paid?

Solicitors and barristers both charge professional fees, but they bill in different ways.

• Solicitors usually charge hourly rates, fixed fees for defined tasks, or conditional ("no win, no fee") arrangements where the law allows them. They must disclose how they will charge, in writing, at the start of the work.
• Barristers usually charge an hourly rate for preparation and advice, and a daily or half-day rate for court appearances. Their fees are set out in the brief or a fee agreement.

When a solicitor briefs a barrister, the barrister's fees are part of the overall legal costs of your matter. Ask your solicitor for an estimate that includes counsel's fees. Our guide How Much Does a Lawyer Cost in Australia? sets out fee models and typical ranges.

What is an attorney in Australia?

In Australia, "attorney" does not mean a litigator, as it does in the United States. The word has three main uses here.

1. Attorney under a power of attorney. A person appointed to make financial or legal decisions for someone else.
2. Attorney-General. The government minister responsible for the justice system, federally and in each state.
3. Patent attorney or trade marks attorney. A registered professional who handles patent or trade mark applications, who is not necessarily a lawyer.

An Australian who needs someone to run a case needs a solicitor, not an "attorney".

Which one do you need?

Most people need a solicitor first, and a barrister only if the matter becomes contested or complex. Work through these steps.

1. Start with a solicitor for advice, documents, negotiation, conveyancing, wills, and uncontested court applications.
2. Your solicitor briefs a barrister for a trial, an appeal, a complex interlocutory hearing, or a formal opinion on prospects.
3. Consider an accredited specialist solicitor for complex matters in areas such as family, criminal or personal injury law.

You usually do not need a barrister for a matter that settles, an uncontested divorce, a simple will, a conveyance or a first mention in a Local Court. Many criminal and family matters are resolved by solicitors alone.

The same steps apply if you are the respondent or defendant. A solicitor responds to the claim, and briefs a barrister only if the case goes to a contested hearing.

Other questions about lawyers, solicitors and barristers

Do you pay the barrister and the solicitor separately?

Usually not. When a solicitor briefs a barrister, the barrister bills the solicitor, and the solicitor passes the cost on in the client's bill. The NSW Bar Association states that a barrister's bill must contain enough detail to show how the costs are made up, and must explain how the client can dispute them. In a direct access matter, the barrister bills the client directly.

How do you check a lawyer is really admitted?

Check the public register in the lawyer's state. The Law Society of NSW publishes a Register of Solicitors listing solicitors who hold a current practising certificate. The NSW Bar Association publishes a register of current NSW barristers. The Victorian Legal Services Board + Commissioner publishes a register of lawyers and disciplinary action. If a lawyer does not appear, ask them which state issued their practising certificate.

Is a conveyancer or a notary a lawyer?

A licensed conveyancer is not necessarily a lawyer. Conveyancers are licensed to handle property transfers, but they cannot give broader legal advice or run court cases. A notary public is a senior lawyer appointed to witness and certify documents for use overseas. Both are covered on Conveyancers & Conveyancing Lawyers in Australia and Notaries Public in Australia.

Find the right lawyer for your matter

Start by comparing solicitors in your practice area; your solicitor will brief a barrister if your matter goes to trial. Each practice page ranks firms by city using the method set out in how we rank law firms.

• Separation, divorce and parenting: Family Lawyers in Australia, including Family Lawyers in Sydney and Family Lawyers in Melbourne.
• Charges and court appearances: Criminal Lawyers in Australia, including Criminal Lawyers in Brisbane.
• Court disputes: Litigation Lawyers in Australia, including Litigation Lawyers in Sydney.
• Business and contracts: Commercial & Business Lawyers in Australia.

Specialist accreditation is a useful filter for complex matters; see What Is an Accredited Specialist Lawyer?. If a problem arises with a lawyer you have already hired, see How to Complain About a Lawyer in Australia.