0345 222 9955 info@kangandco.co.uk

Kang & Co offer the services of both Solicitors and Barristers, but without prior knowledge it can be quite easy to confuse the two roles and you may be unsure of the type of legal representation you require.

Historically, Solicitors and Barristers have undertaken distinct, separate roles within the legal system, but in more recent times the roles have, to some degree, merged to the point where Solicitors can now undertake work traditionally attributed to that of a Barrister, and likewise Barristers may undertake work which would generally have fallen under the remit of a Solicitor. There remains, however, identifiable advantages of instructing either a Solicitor or a Barrister depending on what type of legal assistance you may require.

The role of a Solicitor

When faced with a legal problem, a potential client’s first point of contact will usually be with a Solicitor. Solicitors are legally qualified professionals who are able to provide legal advice to individuals, companies, organisations, and other groups. A Solicitor will usually be office based and will take instructions from clients regarding any queries or assistance they need. Solicitors will give initial legal advice on a wide range of issues and will advise clients on the best course of action. Solicitors may have specific areas of expertise and will usually be able to commence legal action on behalf of clients or respond to ongoing legal action. Usually, Solicitors will undertake a wide range of cases such as:

  • Criminal Law
  • Probate Dispute
  • Personal Injury
  • Family Law
  • Immigration Law

Once legal action has been commenced, Solicitors can deal with all stages of the litigation on behalf of clients and can send and receive correspondence where necessary. Solicitors will routinely review cases and advise clients of their prospects as legal action continues.

Solicitors will usually deal with all of the paperwork and communication involved with their clients’ cases. They may draft contracts and other documents necessary for the proper preparation and disposal of legal disputes. Solicitors may sometimes be able to represent their clients at Court hearings, although often Barristers will be instructed to undertake any Court work arising from the legal action.

Solicitors will be able to assist clients in achieving settlements where desirable and will gather evidence where necessary. Should a legal issue result in a Court hearing, Solicitors will have undertaken all necessary work to prepare for the hearing.

The role of a Barrister

Whilst it is possible to instruct a Barrister under the Direct Public Access Scheme without first having instructed a Solicitor, routinely Barristers become involved in legal actions following an instruction of work from a Solicitor who is already assisting a client. Barristers generally provide specialist legal advice in disputes that require it, and they will undertake most of the advocacy work at Court hearings.

Barristers often will not be involved in disputes at all until they are required to represent parties at a Court hearing. Barristers are skilled, persuasive advocates and will present their client’s case in the best possible light. Barristers will usually work within their area of expertise, which may be relatively broad such as:

  • Criminal Law
  • Landlord & Tenant
  • Commercial Law
  • Immigration Law
  • Family Law
  • Personal Injury

Junior Barristers may routinely undertake more than one area of law, whilst other Barristers may have a niche specialism focussed on one or two discrete areas of law. Barristers can provide written opinions on the strength of a client’s case and can advise on whether disputes should be settled or fought. In criminal cases, Barristers can advise on the strength of evidence and the likely sentence that may be imposed in the event of a guilty plea or verdict.

Both before a case gets to Court, and at the Court hearing itself, Barristers can negotiate on behalf of their clients to bring about a favourable settlement. In cases which progress to a fully contested trial, Barristers will provide full advocacy services including examination in chief, cross examination and closing submissions.

Most Barristers are self-employed and work with other Barristers in offices known as ‘Chambers’. To qualify as a Barrister, you must hold a Law Degree, a qualifying post graduate Professional Qualification, and have been Called to the Bar. Thereafter, Barristers must undertake a pupillage which consists of a 12-month period of training. Barristers thereafter take up a tenancy within a Chambers.

Barristers within a Chambers are all independent from one another. They may act against each other on the same dispute without any conflict of interest arising.

Barristers and Solicitors may often be referred to as ‘Lawyers’. The word ‘Lawyer’ may be used to describe any qualified and licensed legal practitioner.

For more information please contact Kang & Co Solicitors by calling 0345 222 9955, emailing directly using the address info@kangandco.co.uk or by filling out our contact form.

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