Solicitor

A Solicitor is a type of lawyer found primarily in jurisdictions that follow the English legal system, such as England and Wales, Australia, and some parts of Canada. Solicitors traditionally handle legal matters outside of court, including preparing legal documents, providing legal advice, negotiating settlements, and conducting legal research.

Key Responsibilities and Distinctions:

• Non-contentious work: A significant portion of a solicitor's work involves non-contentious matters, such as drafting contracts, wills, and property transactions. They advise clients on legal issues, helping them avoid litigation.
• Contentious work: Solicitors can also handle contentious matters, meaning disputes that may lead to litigation. However, they usually instruct barristers (in jurisdictions where the distinction exists) to represent clients in court.
• Client interaction: Solicitors are often the first point of contact for clients seeking legal advice. They build relationships with clients, understand their needs, and guide them through the legal process.
• Instructing Barristers: In legal systems with a divided legal profession (e.g., England and Wales), solicitors typically instruct barristers (also known as advocates in some jurisdictions) to represent clients in court. The solicitor prepares the case and briefs the barrister.
• Advocacy: Solicitors in some jurisdictions, or with specific qualifications, can appear in certain lower courts and tribunals. Changes to legal regulations have increased the opportunities for solicitors to advocate in higher courts.
• Professional Regulation: Solicitors are usually regulated by a professional body, such as the Law Society in England and Wales. These bodies set standards of conduct, provide training, and handle complaints against solicitors.
• Training and Qualification: Becoming a solicitor typically involves obtaining a law degree, completing a period of practical training (often referred to as a training contract or articles of clerkship), and passing professional examinations. The specific requirements vary depending on the jurisdiction.

Distinction from Barristers (or Advocates):

In jurisdictions that maintain a formal distinction between solicitors and barristers (or advocates), the primary difference lies in their role in court. Barristers are specialists in courtroom advocacy, presenting cases before judges and juries. Solicitors, on the other hand, focus on preparing cases, advising clients, and managing legal matters outside of the courtroom. However, this distinction is becoming increasingly blurred in some jurisdictions, with solicitors gaining greater rights of audience in courts. In some jurisdictions, there is no formal distinction, and all lawyers can perform both roles.