Specialist Advocates in the Australian Legal System
Understanding the roles of different legal professionals in Australia can be confusing, especially when it comes to barristers. What exactly does a barrister do, and when might you need one? At Citilawyers, we’re committed to demystifying the legal system so you can make confident, informed choices about your representation.
What is a Barrister?
A barrister is a legal advocate who specialises in courtroom representation and complex legal advice. While best known for appearing in court, barristers also:
- Provide expert legal opinions on complex matters.
- Draft detailed court submissions and legal documents.
- Advise on litigation strategy, evidence, and procedure.
- Negotiate settlements in mediation or arbitration.
Barristers are independent practitioners and typically work out of shared offices. known as chambers.
The key differences between barrister and solicitors
Understanding the distinct roles of barristers and solicitors is crucial for effective legal strategy:
| Feature | Solicitor | Barrister |
| Primary Role | Manages the client relationship, daily legal work, and transactions. | Specialist in courtroom advocacy, complex legal argument, and litigation strategy |
| Client Access | Deals directly with clients. | Usually instructed through a solicitor. |
| Main Focus | Case preparation, documentation drafting, client advice, and negotiation. | Court appearances, drafting complex submissions, expert legal opinions. |
| Workplace | Law firms, in-house legal departments, government. | Chambers (shared offices with other barristers). |
| Direct Access | Always accessible | Limited Direct Access Rules may apply (see below). |
Important Note on Direct Access: Some NSW barristers accept work directly from clients without a solicitor. This is permitted under limited circumstances (e.g. legal advice or tribunal matters) and is subject to Bar Association and Legal Profession Uniform Law rules. However, most litigation usually requires solicitor involvement.
When Should You Engage a Barrister?
You typically engage a barrister when your case is complex, there may be a lengthy trial, or your matter demands a particular level of specialisation and advocacy expertise. This is often the case when your matter requires:
- Courtroom Advocacy: For complex hearings including trials and appeals in higher courts.
- Expert Legal Opinion: When you need strategic advice on highly complex legal issues, an assessment of the strength of your evidence, or a realistic evaluation of your case prospects.
- Drafting Complex Documents: When drafting intricate submissions or pleadings.
- Niche Legal Knowledge: In cases involving highly technical areas of law, such as serious fraud, complex commercial disputes, or appellate matters.
We can help you to find the right barrister suited to your matter, using our networks and familiarity with each barrister’s expertise and availability, location of the matter, level of seniority and based on complexity and your budget.
Fees & Costs
- Barristers typically charge a one-time brief fee for preparation and the first hearing day plus daily rates for ongoing court appearances.
- The barrister will provide us with a costs disclosure that outlines billing methods, timing, and potential additional costs such as travel or conferences.
- The barrister will require monies be paid into our solicitor’s trust account before commencing work and at various stages when acting for you in your matter.
Need Guidance on Engaging Legal Representation?
Navigating the solicitor-barrister relationship and choosing the right advocate is crucial for your case outcome. At Citilawyers, our solicitors are well placed to guide you through this process. We can:
- Assess whether your case truly requires barrister expertise.
- Identify and instruct the most suitable barrister for your specific legal issue and budget.
- Manage the instruction process and communication seamlessly, ensuring a cohesive legal strategy.
- Provide comprehensive support alongside barrister advice and advocacy.
- Advise on Direct Access options if appropriate for your matter.
Don’t leave your representation to chance. Contact Citilawyers today for guidance and access to the right barrister for you.
