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Victorian legal guide

What is the difference between a barrister and a solicitor?

General information for people in Victoria · ORLA Connect

In Australia, a solicitor is usually the lawyer you deal with directly — they advise you, handle your matter and prepare documents — while a barrister is a specialist advocate who is briefed by a solicitor for court hearings and specialist advice. Most people start with a solicitor. Here's how it works.

What a solicitor does

Solicitors are your main point of contact. They give advice, manage your case, draft documents, negotiate, and appear in many courts. For most matters, a solicitor is all you need.

What a barrister does

Barristers specialise in courtroom advocacy and giving specialist opinions. They're usually engaged (briefed) by your solicitor for hearings, trials, or complex questions, rather than retained by you directly.

Do you need a barrister?

Not always. For many matters a solicitor handles everything. A barrister is more likely where a matter is heading to a contested hearing or trial, or needs specialist advocacy — your solicitor advises when it's worth briefing one.

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Do I hire a barrister or a solicitor first?
Usually a solicitor — they’re your main contact and, if a barrister is needed, they brief one for you.
Do I always need a barrister for court?
No — for many matters a solicitor handles it. A barrister is more likely for a contested hearing or trial, or specialist advocacy.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.