Solicitor or Barrister

What is the difference between a solicitor and a barrister?

A barrister is a lawyer who specialises in litigation. This means that they advise on:

  • the outcome of cases,
  • the strategic elements of running a court case,
  • evidentiary issues; and
  • being involved in the drafting of documents related to court cases.

The major role of a barrister is to conduct court appearances. There are many tasks which a barrister performs in their role as Court advocate. They will need to present the opening in the case, they will need to argue the points of law and evidence as they emerge in relation to their client's interests. They will need to examine witnesses and cross-examine witnesses, and if necessary re-examine witnesses. They will need to argue in relation to the admissibility of evidence if the Judge in the matter has a view on this. In a criminal matter, they may need to address the jury on the facts of the case and what they believe the verdict is in relation to their client; or if they are the prosecutor, on the guilt of the client.

A solicitor, on the other hand, spends most of their time out of Court. Solicitors are involved in the day-to-day legal affairs of their clients, primarily focused on tasks such as negotiation, preparation of Court documents, conveyancing of property transactions or providing legal services to businesses such as drafting contracts, the protection of intellectual property, the filing of defamation suits, advice on regulatory issues or any other type of legal service which their clients will need in order to assure their business processes. Some solicitors work in government departments, where they do corporate work for large government organisations; or they may work for a Legal Aid department, and be funded by public money to service clients who cannot afford to pay for legal services of their own accord.

There is a big difference between a solicitor and a barrister. They have different roles and are specialised in different tasks.

Contacting Cath

Ethical issues prevent Cath from giving advice directly to clients in Family Law litigation.

If you wish to discuss your case with Cath, you will need to instruct your solicitor to engage Cath for advice/appearance at Court on your behalf.

Cath is a member of Foley's List. To contact Foley's List, your solicitor should telephone (03) 9225 7777.

Cath appears in all capital cities and on circuit as required. For fees and disbursements, please contact Foley's List.

A Costs Agreement is available if required. Cath will undertake Legal Aid briefs in certain circumstances.