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

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By Legal Cheek on

13

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.

13 Comments

Anonymous

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

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.

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.

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.

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