What’s the Difference Between a Solicitor and a Barrister?
If you are facing criminal charges in Victoria, you are likely to hear the terms solicitor and barrister used frequently. While both are lawyers, they often perform different roles within the legal system. Understanding the distinction can help you feel more confident about how your case will be handled.
What Is a Solicitor?
A solicitor is your first point of contact. Solicitors work directly with clients. In a criminal matter, a solicitor will:
Manage your file from start to finish
Take your instructions
Advise you about your options
Explain the possible outcomes of your case and the potential consequences for you
Prepare documents for court
Correspond with police and prosecutors
Appear for you in court
Refer you for assessments and rehabilitative programs to assist in court.
Assist you in obtaining evidentiary material that will assist in court, including medical reports and character references
In Victoria, most criminal cases begin in the Magistrates’ Court. Solicitors regularly appear in this court, often for pleas, sentencing indications, bail applications, contest mentions, committal mentions, special mentions and adjournment applications, but also for contested hearings and committal hearings.
If your matter is more serious and proceeds to a higher court — such as the County Court of Victoria or the Supreme Court of Victoria — your solicitor will continue to manage your case. However, they may brief (engage) a barrister to conduct the trial or complex hearings.
Importantly, your solicitor remains your ongoing adviser. They are your point of contact. They coordinate your defence. They ensure everything runs smoothly behind the scenes.
What Is a Barrister?
A barrister is a specialist advocate.
Barristers are independent lawyers who focus primarily on courtroom advocacy and providing expert legal opinions. They are usually engaged by solicitors for complex or serious matters.
In criminal law, a barrister may:
Conduct contested hearings
Conduct contested committals
Appear at jury trials
Appear at appeals
Conduct pre-trial arguments
Conduct pre-trial cross-examination
Appear at special hearings
Provide written advice in respect of a matter within their area of expertise
Criminal barristers are often described as courtroom specialists. Many practice exclusively in advocacy and develop particular expertise in criminal trials and appellate work.
Unlike solicitors, barristers do not typically handle the day-to-day management of a case. Sometimes they will only be involved with one part of a case, for example, the trial.
Do You Always Need a Barrister?
No.
For many matters, particularly those which will remain in the Magistrates’ Court, a solicitor has the expertise and experience to run your matter from start to finish and finalise it without engaging a barrister.
However, if you are facing charges which will see your matter progress to either the County or Supreme Court, it is common and often advisable to brief a barrister.
Why the Distinction Matters
Understanding the difference between a solicitor and a barrister helps you appreciate the roles of those who are working on your defence.
Your solicitor is your primary contact — the lawyer who knows your case in detail and guides you through the process from start to finish. A barrister, when engaged, brings specialist courtroom expertise to critical hearings or trials.
Experienced Criminal Lawyers in Melbourne
At Stary Norton Halphen & Galbally, we carefully assess each matter to determine whether briefing counsel will provide a strategic advantage. Where appropriate, we work closely with leading criminal barristers in Victoria to ensure our clients receive the strongest possible representation. With many years of experience in all aspects of criminal law, we work closely with our clients and will help you make the decision about whether we will argue your case in court or appoint a Barrister.
If you require assistance with any aspect of criminal law, contact the team at Stary Norton Halphen & Galbally
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.