Barristers ‘higher up’ than solicitors? Chambers explainer sparks LinkedIn debate

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By Legal Cheek on

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Legal pecking order


A set of chambers has sparked debate on LinkedIn after appearing to suggest that barristers sit higher than solicitors in the legal food chain.

In a screenshot (embedded below), purportedly taken from the unnamed set’s website and later shared on LinkedIn, the chambers poses the rather evocative question: “Is a barrister higher up than a solicitor?”

Helpfully — or provocatively, depending on your allegiances — the chambers then answers its own question. Look away now, solicitors. It asserts that barristers are “generally considered more senior” within the UK legal system.

To its credit, the chambers does row back slightly, clarifying that the relationship is “not strictly hierarchical”. Instead, it draws the distinction that barristers focus on advocacy in the “higher courts”, while solicitors handle the “day-to-day” legal work.

Solicitor Heledd Wyn, who shared the post, threw the question open to the profession, inviting fellow lawyers, whatever their branch, level or seniority, to have their say.

She also offered a pointed aside. “[I]f you recognise the content and it’s your chambers — maybe have a think about the wording and those who generally instruct you? 🙋‍♀️”

Law firm marketing guru Simon Marshall weighed in below the line, arguing that “apart from being wrong, it fails on the most basic level of marketing: understanding our audience”.

RPC partner Peter Mansfield also joined the debate, suggesting that he understood what the chambers was trying to convey, “namely that most clients will first instruct a solicitor, who may then instruct a barrister,” but adding that “they just say it in the worst way possible”.

Solicitor Stacey Bryant likewise weighed in, commenting that the chambers would probably have been better off saying that “‘there is a common misconception that barristers are considered more senior within the British legal system’ and then explain the actual difference”.

“There are definitely barristers who I would absolutely consider far more knowledgeable to me in COP and whose specialist knowledge I would defer to”, she continued. “I suppose it then depends how the word senior is used. Senior can be in terms of age, knowledge or hierarchy. This is poorly worded which is interesting for set of chambers website.”

Meanwhile, Gemma Spratt, a chartered legal executive at DWF, offered her “unpopular” view, saying that she does consider barristers to be more senior than “all lawyers”, just as judges are generally regarded as more senior than them. “The legal profession is a hierarchical system,” she wrote.

30 Comments

Anonymous

I once heard a barrister explain that they were like the pilots and the solicitors were the flight attendants – I was aghast.

Asquith

And how about the fact that of 600 occupations ranked by Radio4 Today listeners about a decade ago, at bottom of 600 occupations in terms of respect were used car dealers at bottom, followed by estate agents 2nd from bottom and yes lawyers third from bottom.

Anyone who has watched the recent BBC documentary Black Swan would conclude that lawyers are worse than even those 2 most disliked and disrespected occupations.

As for facts, solicitors earn about 25% more than barristers according to the annual survey of earnings by National Statistics. Barristers earning on average only £40,000 and soliculitors on average only £50,000.

I wonder why of course no law firm and no chambers ever tell fresh naive graduates these facts or that the law is never about justice or complying with the CPR, FPR etc?

*I imagine most UK law firms would be quaking in their boots if ever a secret ‘fly on the wall’ documentary like Black Swan was ever conducted in their offices and showed similar illegal conduct by supposedly the top lawyers.

This documentary explains why the most intelligent and educated listenership in the UK hold lawyers in such contempt and with such disdain.

And ditto in the US, Australia, Canada, France Germany apparently too!

Scot down south

And also what’s the British legal system, it seems different from the three legal systems in the UK – and Scotland doesn’t even have barristers!

Commercial litifstor

Fundamentally flawed. Solicitor Advocates? Many times I’ve instructed counsel and they get things wrong, basic things too. Some barristers and incredibly clever, so are some solicitors. Some barristers are not great, same goes for solicitors.

I’m not sure the point chambers was attempting to make – I think it is likely a marketing person completely misunderstanding the sector.

Wandering Willow.

Let’s take things from first principals.
The pecking order in my view is as follows:

1:Houses of Parliament –
Collectibe body of MPs.

2: Supreme Courts Justices.

3: Junior Court Justices.

4: Officers of the court –
Clerks, Barristers + Solicitors ( with appropriate rights of audience).

So officers of the court are on the same level, from the perspective of the court.

Anything else is just snobbery. Solicitors are also snobs by the way, regarding CLC and CILEX lawyers.

Al

It’s a bit weird but whilst solicitors are officers of the court, barristers aren’t.

J Agard

Hexplain?

Shrewd

Brilliant advice. Couldn’t have said it better. What an excellent “view” you have. A nice view up your own a**.

Good day to you sir

A barrister

Solicitors are our clients. We are providing them, and the lay client, with a service.

Barristers are shown a degree of deference when it comes to litigation strategy and the conduct of trials because solicitors understand that barristers are trial specialists. That is precisely why they instruct Counsel in the first place.

Likewise, barristers understand that their instructing solicitor has an infinitely stronger knowledge of, and often relationship with, the lay client, business or individual. Barristers also understand that solicitors are almost always more adept at handling, for example, without prejudice negotiations (nb. most disputes settle long before trial), and other aspects of the litigation process.

We are given a level of deference because we fulfil a specialised role, we often have the luxury of being paid to “think” about our cases in a way which the sheer number of matters solicitors are handling makes it often impractical / uncommercial for them to do, and we are independent practitioners.

Because of that, we are given a degree of deference which ought not to be misread as being “higher up”. Clearly, barristers are not “higher up” than solicitors. If a solicitor gets the sense that their instructed counsel takes that view, then they ought not instruct them again.

We work in tandem with solicitors to produce the best outcomes possible for our clients. We work best when we work together as a legal team, recognising one another’s skill sets and valuing each other’s expertise.

In any case, the copy on that Chambers’ website is deeply unintelligent, given we depend on solicitors for our livelihoods

Toe Made

as someone who experienced both careers my respect for solicitors has gone up immensely. no way are they just “preparers” for the barrister who “delivers” the case. by the time the case is already at trial, i am telling you, you can kind of tell whether it will win or not .a lot of that is down to the case but also the preparation. a silky, charismatic presence i.e. the barrister himself cannot necessarily override it.

Eye rolling

I found the chambers quite easily (I’ll give you a hint, it rhymes with Shartlands). The rest of the content isn’t any better. Apparently, only Barristers wear wigs and gowns. Well, Solicitors have been able to wear wigs since 2008. As for gowns.. well, the clue is in the name. Go to Ede & Ravenscroft, Stanley Ley. They all have this magical item called ‘a Solicitor’s gown’.

Who knew? Well, not Shartlands it seems!

Heh

What’s amusing is that barristers have to suck up to solicitors even if they feel they are superior.

Greenock

Clearly this was written by a barrister who is trying to overcompensate for some kind of deficiency or low self-esteem

Gemma

Really looking forward to all those solicitors who hold on to the hierarchy when it comes to CILEX, CLC, Paralegals and everyone else as being lesser or ‘less senior’ changing their tact now. Law is hierarchal but everyone has their place and role, it’s a team for the client simple as. No one is more important or better than even if objectively they are in a more senior position. I work with some amazing barristers and solicitors but the uproar is ironic and totally hypocritical when you consider how many benefit from the hierarchy and dismiss more junior colleagues (and refer to them as junior being the opposite of senior, no?)

Barrister

Hierarchies within Chambers themselves can be whack. Imagine doing the job for as many as 6-7 years and being called a “junior junior”. Likewise, a highly successful and sought after barrister of 20+ years experience being referred to as a “senior junior”. Mental.

T

Except the courts clearly stated there are key differences between Solicitors and CILEX, with one being able to carry out activities the other is prohibited from.

So yer, there is a court backed hierarchy in that instance.

Gemma

Yeah same for regular sols and High Court advocates. Recognising the hierarchy is one thing of course. Being a snob about it quite another and I’ve not met a barrister yet who feels it necessary to talk down to anyone unlike many many solicitors, like you presumably

Andrew D

I’m dual qualified, and have practiced both as a solicitor advocate and a barrister. I found the barristers’ exams massively easier than the solicitors’ examinations. There can be a difference. Advocacy requires a fast mind, and the ability to avoid panic. Case preparation requires deeper thinking with the ability to play long range chess. If you have a quick mind and a strong nerve,advocacy could be your thing. If you’re strategic and have an eye for detail and especially consequences of any step, the preparation side may well be a better skills match.

Yoda

Barristers are the Jedi knights, and solicitors are the Mandalorian.

Lewis Green

Until fairly recently the Chambers comment was very apt and still justifiable ( just ) however as time goes by it becomes less so .

Lewis Green

Until fairly recently the Chambers comment was very apt and still justifiable ( just ) however as time goes by it becomes less so especiàlly with Solicitor Judges and Solicitor KCs and HCA s

Simples

Almost all barristers could be solicitors. Very few solicitors could make it as barristers. And thus the premise is proved.

Comm Lit Partner

I’ve yet to meet a barrister that would cope as a commercial litigator.

still at lunch

I can say that as a clerk in London Chambers for many years barristers absolutely believe they are superior to solicitors. If you need to kill an hour (or two) ask a barrister friend about their experiences with inadequate law firms.

Anonymous

Such nonsense. Barristers eschew client contact which is the essence of the role of trusted advisor. They appear in a case fir a bit of acting for one hearing and might appear no more. They have no ckue how to market or speak to the common folk. And they lack, for the most part, commercial sense. Under the current regime, they are a second set of lawyers to educate on your case (expense) and you hope their mouths utter something, if anything, relevant to the case or the judge’s questions. I say this as a barrister. The split profession is a waste of costs and barristers are merely lawyers who cannot or do not want to relate to their clients and are given a pass based on the professional name they call themselves. And don’t even start to explore conventional notions of conflict of interest that apply to the rest of the profession that barristers have tried to carve themselves out of. The time for change for the benefit of all litigants who come before his Majesty’s courts is now.

Will

I am a solicitor. Once, counsel and I were asked by our client to explain the difference and why the client has to pay for two sets of lawyers. Counsel explained it in a humorous way ‘you instructed him (pointing to me) and I’m his hitman in court. I specialise in court work and I will go in there to convince the court on your behalf! He (pointing to me again) will deal with you and everything else. We both have our specialised roles!’ The client was satisfied.

Pick me, pick me

Let’s not get started on where those in business services sit. Still an essential part of the food chain…?

A barrister

Of course I disagree with the comments (solicitor and counsel are separate professions with their own skillsets), but when you look up the set in question, it is a modest 10 member common law set in Northampton with a 90s style website/photos, probably focused more on local marketing than any grander designs. If this was on the website of a bigger set it would be newsworthy, but it feels very much like punching down/causing a small set unnecessary aggro in that context.

MAZAR

This conclusion appears drawn from a social or superficial perspective. Indeed barristers appear more senior in TV shows than solicitors but the reality is different.

Juliette

In Germany we don’t have the distinction between barristers and solicitors. We are all Rechtsanwaelte. In other words: we are all chimps in a hierarchy. Just sayin’!

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