The legal industry is full of different titles, some of which are very old and others far more recent. To add to the confusion US legal dramas have introduced even more titles for us all to contend with! I am not a lawyer, but I run an SRA ABS (you see what I mean about confusing titles!) and I work with lots of different lawyers. In this article I will try to explain some of the different titles and what they commonly do in the English and Welsh legal system.

Lets start with Lawyer:

 This is a generic term used to describe anyone who holds a legal qualification and works in law. It is more of an American term but it is increasingly used on forums and social media. 

Attorney:

This is another American term that is not used in the English and Welsh legal system. Instead it can be confused with an Attorney appointed via a Power of Attorney (PoA). In this case the Attorney is simply someone appointed to act instead of the person who set up the PoA.

Barrister:

This is a title for an individual who traditional acted as an advocate in court for clients. These are the traditionally black and white gowned, wig wearing  people standing up in court you see on TV. In reality most Barristers rarely wear full wig and gowns now except for specific areas of law.  

Typically Barristers will specialise in specific areas of law and hence are often viewed as experts in their areas.

A Barrister may also be a Queens Counsel or QC for short. They do the same job but have been specifically appointed via a process. 

Traditionally Barristers are self employed and work through a Chambers, although an increasing number are now employed (often described as In House). They usually charge a fixed fee for advocacy work or written opinions. The later being when a case requires an opinion regarding what the prospects of success are if it went to court, or how it might be argued.

Traditionally Barristers were only instructed via a Solicitor booking them through their Chambers. This has changed over recent years and barristers can now accept instructions directly from clients after receiving an additional license, without the need for a Solicitor. This is called Direct Access. In addition to allowing Barristers to take instructions directly from clients, they are also able to litigate – or write on behalf of clients, if they hold a further license. 

Barristers are required to obtain a Practicing Certificate from the Bar Standards Board every year to be able to work as a Barrister. They must also hold insurance.

Solicitor:

This is a title for an individual who traditionally acted as a litigator for clients. That is they were ones responsible for writing and responding to legal letters on behalf of their clients, in addition to filing and responding to claims through Court.

Solicitors often practice in multiple legal areas and so could be described as GP’s to the Barrister’s Consultant. This is not always the case though and many Solicitors specialise in specific legal areas.

Traditionally Solicitors work through what was historically described as a Solicitors firm. In fact this is correctly described as an SRA regulated body, of which an ABS like ours is one. Unlike Barristers, Solicitors are more typically employed.

Historically Solicitors would book a Barrister for a court hearing to represent the client, however many Solicitors now have additional rights to represent clients in court themselves. Sometimes these types of Solicitors are described as Solicitor Advocates.

Solicitors are required to obtain a Practicing Certificate from the SRA every year to be able to work as a Solicitor. They must also hold insurance.

CILEx Lawyer:

Or Chartered Institute of Legal Executives Lawyer to use their full title. CILEx Lawyers are typically litigators who have qualified using an alternative route to Solicitors. They usually do the same sort of work as Solicitors. Like Solicitors, some also hold additional rights to represent clients in court. Whilst there are fewer CILEx Lawyers than Barristers or Solicitors they are a growing group of Lawyers in England and Wales.

CILEx Lawyers are required to obtain a Practicing Certificate from the SRA every year to be able to practice. They must also hold insurance.

Paralegal:

Are typically support staff but some will manage certain types of simpler matters. Paralegals do not require legal qualifications but in practice many have Law Degrees and even the academic qualifications required to be a Barrister or Solicitor. Paralegals often perform many of the administrative tasks of a Solicitor or CILEx Lawyer, however they are not able to perform restricted activities. 

Mckenzie Friend:

Is an individual who helps clients with legal issues but is not a lawyer. Mckenzie friends are not recognised lawyers and may not have any legal qualification. They are typically employed to assist a client who is representing themselves. Whilst they are not able to litigate (ie correspond on the clients behalf), they can assist clients in writing the letters themselves. Likewise, unless specifically given permission by a Judge, they are not usually able to represent a client in Court.

Hopefully this has helped you to understand the different types of Lawyer and what they do.  For hundreds of years there was a clear divide between Advocates (Barristers) and Litigators (Solicitors) more recently that divide has been blurred with both being able to do the others traditional activities, albeit with additional training.  CILEx offers an interesting third way, and produces lawyers that are as capable as either of the other.

Still don't know what type of lawyer you need?  Do not worry, we offer a range of lawyers and can ensure that you have the right lawyer or lawyers for your matter.