Representation in Court

Information

Solicitors

As well as representing persons involved in litigation, solicitors provide services that are not connected with court proceedings. For example, a solicitor may assist you in the preparation and formalisation of your will or with the legal transfer of your property (conveyancing).

Usually, solicitors are your first point of contact with the legal profession when you are involved in court proceedings.

Solicitors may advertise their services. They deal with the public, take instructions from clients, do the necessary background work on cases, give preliminary advice, obtain expert or specialist opinion if necessary and instruct barristers if required.

The solicitor prepares the case for the trial. He/she may represent you in court but will usually instruct a barrister to represent you in the higher courts.

This is done by sending the barrister a brief containing all the relevant information and documentation to assist him/her in the presentation of the case.

Barristers

Barristers, also known as Counsel, operate from the Law Library, cannot advertise or solicit clients and do not generally have direct access to the public. They take their instructions from solicitors.

They provide legal advice of a specialist nature and generally represent the client in court.

There is a distinction between Junior and Senior Counsel. Most junior barristers consider "taking silk", i.e., becoming a Senior Counsel, after about 15 years practice.

Senior Counsel are barristers with greater experience or expertise. They tend to do less drafting of court documents and spend more time giving advice and conducting cases in the higher courts.