Solicitor Vs Lawyer: Legal Differences, Who To Hire, And Court Roles

Solicitor Vs Lawyer

Solicitors and lawyers are often used synonymously but these terms are distinct. Let us look at the difference between solicitors and lawyers.

• A lawyer is an umbrella term that incorporates all professionals in the legal system. They possess a law degree and can engage in various legal practices. They can be either a solicitor, a barrister, or even both.
• Solicitors draft documents such as contracts and wills, provide legal advice, and conduct research and investigation. Depending on the type of case, they may occasionally be required to represent their client in court.
• Barristers focus on court appearances, conducting trials, focusing on appeals, and advocating for their clients. Solicitors typically refer to them to provide advice and represent complex matters.

Though both solicitors and barristers seem to have different responsibilities, these two roles may at times overlap.

Solicitors may work with barristers

• Provide information to barristers for court representation.
• Advise clients on legal matters.
• Assist with negotiations and mediation.

On the other hand, barristers may assist solicitors to:

• Advise them on complex issues.
• They can engage in litigation, advocate for their clients, and represent them in court.

Is A Solicitor A Lawyer In Australia?

The terms lawyer and solicitor are interchangeably used in Australia. Both of them are qualified to legally represent and advise. However, their roles are distinct.

• A lawyer could be anyone who has a law degree and practices law. They could be a solicitor or a barrister.
• Solicitors focus on strategic advice, draft documents, and represent clients in court proceedings.
• Barristers advocate and appear in court on behalf of their clients.

Technically, solicitors focus on legal advice and representation and work on documents such as contracts, property agreements, and wills. They also:

• Manage client relationships and communication.
• Focus on analysis and research.
• Represent clients in court proceedings.

The barrister’s focus area would be:

• Advocates and presents evidence in court. They appear on behalf of their client.
• Work on dispute and litigation matters.

What Does A Solicitor Do

The focus of a solicitor is to:

• Listen to their client, understand the legal situation, and then provide the next steps.
• Research, review, and prepare contracts, wills, and agreements.
• Negotiate on business agreements, employment contracts, and agreements that comply with the current law.
• Represent clients in court, discuss with counsel, and prepare for the upcoming hearing.
• Specialise in areas such as corporate, criminal, immigration, family, and other areas. It is also crucial to understand the 4 differences between criminal lawyers and trial lawyers.
• Rural areas commonly use the term solicitor.

Moreover, there are a few reasons for variation in a solicitor’s task:

• The size of a firm may determine the specialisation of work. Smaller firms may take on a variety of cases compared to larger firms.
• Focusing on in-house organisations may cause a focus on corporate or commercial law. Private practitioners may have their focus on a myriad of cases.

Solicitors may represent clients in court in such situations:

• Places such as Family Court, Local Court, or other lower court areas.
• For complex matters, such as intellectual property, employment law, or commercial issues.
• For simple cases where the client requests for a solicitor.

When To Hire A Lawyer For Your Legal Case

It is important to understand that hiring a lawyer in Australia may be a complex matter. This is due to the need for specialised knowledge and skills to effectively represent a client in court. Here are some examples of situations where a lawyer or barrister would take the place of a solicitor:

• Criminal offences such as fraud, assault, murder, and drug issues may warrant a lawyer to represent the client.
• Court proceedings on matters linked with property, contracts, or intellectual property. They are essential for preparing, guiding, and representing their clients in court.
• Complex issues such as child custody, property settlements, or spousal maintenance would require a lawyer experienced in family law.
• Cases that involve appeals against decisions or licence applications. You will need a lawyer who is experienced in administrative law and procedures.

You will need to hire a lawyer when:

• You have a complex case or the case has multiple parties.
• You need to be represented before a tribunal or court.
• You require certain expertise in a particular area.
• You are facing a high financial or emotional assault.

It is highly crucial to appoint a criminal lawyer when you are charged with a criminal offence.

• You will need to hire a criminal lawyer when faced with charges such as manslaughter, drug trafficking, or murder. It is important to understand what does a criminal defence counsel do.
• Facing multiple charges and defendants is complex and requires specialised skills.
• The case has a high potential outcome, which could include imprisonment or negatively impact your career, reputation, or relationships.

Criminal Law Group is known to be one of the best criminal lawyers in Sydney. Their proven track record can help you navigate through various criminal cases and assist you in understanding the legal situation, looking at the evidence, and coming up with the best possible strategy to defend your needs. However, before heading to the firm, you would want to know how to prepare for consultation at a criminal law firm.

Solicitor Vs Lawyer, Who Earns More In Australia?

It is common to use the term solicitor or lawyer, though both of these roles are slightly different. Lawyers are known to earn slightly more than solicitors because they fall under a larger scope. Therefore, let us look at the average salary of lawyers and solicitors:

Junior lawyers or solicitors have around 1–2 years of experience.

Solicitors earn around AUD 50,000 to AUD 70,000 a year.

A lawyer earns around AUD 50,000 to AUD 70,000 a year.

Mid-career lawyers have experience of 2–10 years:

• Solicitors earn around AUD 80,000 to AUD 120,000 a year.
• Lawyers earn around AUD 90,000 to AUD 130,000 a year.

Senior lawyers have around 10–20 years of experience.

• Solicitors earn around AUD 120,000 to AUD 180,000 a year.
• Lawyers earn around AUD 140,000 to AUD 200,000 a year.

Leading lawyers have more than 20+ years of experience.

• Solicitors earn around AUD 180,000 to AUD 250,000 a year.
• Lawyers earn around AUD 200,000 to AUD 300,000 a year.

These figures are an average estimation and different firms will charge according to their size, years of experience, location of the firms, and their reputation. Thus, these figures should be taken as a general guideline.

Factors That Influence Earnings In The Legal Field

It is important to note that specialisation is a factor that influences the earnings in the legal field in Australia. Cases that involve mergers and acquisitions, corporate, and intellectual property may dictate higher salaries due to the demand and speciality of the case.

A lawyer who specialises in mergers and acquisitions may earn between AUD 170,000 and AUD 250,000 a year. This could be due to the complexity and high stakes involved in the case. However, lawyers involved in family or criminal law may earn AUD 60,000 to AUD 120,000 a year. Thus, you may want to find out how much does a criminal lawyers earn in Australia.

Location also plays a part in the earnings. For example, lawyers located in areas such as Melbourne or Sydney may earn around AUD 120,000 to AUD 200,000 a year. In comparison, those from regional areas may earn around AUD 80,000 to AUD 150,000 a year. The firm size is also crucial in terms of earnings.

Those from larger firms have a greater scope of clients, and mid-range lawyers may earn between AUD 120,000 and AUD 250,000 a year. As for lawyers in smaller firms, they may earn around AUD 60,000 to AUD 120,000 a year.

What Is The Difference Between An Attorney Vs Lawyer In Australia

In Australia, the terms lawyers and attorneys are used but each of these terms carries a different meaning.

The term lawyer is widely used in Australia and is used for anyone in the legal profession. This may apply to solicitors and barristers.

On the other hand, the term attorney is not greatly used but may at times be used in conjunction with a solicitor. This may be due to cases where international representation is involved, though not widely used.

The differences between a lawyer and an attorney are:

• A lawyer may be applied as a solicitor or barrister who handles cases tied to dispute, transactional, and litigation matters.
• An attorney may focus on matters concerning intellectual property. This may be matters such as trademark registration, registration, protection, and enforcement. However, the term attorney is not commonly used in Australia. This term is common in the United States.

Differences Between Attorney Vs Solicitor

The difference between an attorney and a solicitor may be seen as follows:

• In general, solicitors provide legal advice and services, manage daily affairs, conduct research, draft documents, and negotiate. Depending on the case, they would represent clients and specialise in areas such as family, property, or even commercial law.
• An attorney may focus on cases such as dealing with intellectual property or trademarks. They do not handle court cases like solicitors or barristers do.

What Titles Do Solicitors Hold In Australia?

Solicitors hold many titles, qualifications, expertise, and specialisations in Australia. The main titles solicitors hold in Australia are:

• A solicitor is qualified to represent and advise on legal matters. This may range from drafting legal documents, negotiating outcomes, and representing clients on matters that involve disputes or tribunal matters.
• A legal practitioner could be another term that includes barristers, solicitors, and other legal professionals. This applies to all those who have completed their degree in law and hold a practicing certificate.
• A barrister is more specialised and focuses on matters tied to courtroom representation. They concentrate on matters related to research, guidance, and thorough preparation, which includes drafting documents and representing themselves in court.

Solicitors may have additional titles that may include family law specialists, trademark lawyers, commercial lawyers, business lawyers, and even intellectual property lawyers.

What Is A Conveyancer, And How Do They Differ From Solicitors?

A conveyancer specialises in areas of property ownership and transferring property assets from one party to another. The main focus is to ensure smooth transactions between property sales and purchases. Conveyancers take care of complex property law and guide the purchase and sales processes.

The focus of a conveyancer is to:

• Perform a search on the property and lay out any concerns.
• Advise, guide, and prepare documents such as contracts and transfer forms.
• Verify client’s identities and liaise with sellers, buyers, and lenders.
• Assure compliance, regulations, and legislation are kept.

The difference between a conveyancer and a solicitor is that they focus on different areas:

• A solicitor focuses on various issues ranging from family matters to commercial law. They would also need to be part of the Law Society in Australia. A solicitor handles complex issues that may arise due to transactions. At times, they would represent clients in court or in matters related to tribunal proceedings. Charges could range from a flat fee to hourly fees.
• A conveyancer specialises in property law and its transactions. They may have a law degree, but their main focus is conveyancing. They hold a licence to review and prepare documents for transactions such as buying, selling, and transferring ownership.

Are solicitors Higher Than Lawyers?

In Australia, people often use the terms solicitors and lawyers interchangeably. However, their roles differ, with lawyers serving as an all-encompassing term for anyone in the legal field, while solicitors specialise in handling out-of-court cases. A solicitor normally handles out-of-court cases, whereas a barrister focuses on cases that involve court proceedings.

Let us look at the professional status and the importance of the role:

• A lawyer could be anyone in the legal system, ranging from junior lawyers to senior barristers. Therefore, it would be difficult to determine the position, as lawyers are normally an umbrella term for solicitors and barristers.
• As for solicitors, their focus would be on daily legal work and their interactions with the client.
• A barrister would be highly specialised, as they focus on court cases and have a more niche practice.

A solicitor can progress through various means, such as specialising in property, corporate, or family law. They may also focus on senior roles within the organisation, move to in-house counsel, or pursue an advanced degree within academia.

For a solicitor to transition into a barrister, they would need to focus on advocacy, admission into the bar association, and setting up their own chambers.