subject: How To Decide Whether A Barrister Or Solicitor Is Right For Your Motoring Case [print this page] If you're confronted by a motoring charge that you would like to contest, taking your first steps into the world of motoring law can be daunting. You may be confused by the strange terms, procedures and practices that go along with fighting a case. One of your first questions may be: what's the difference between a solicitor and a barrister, and which one is more appropriate to help me fight my case?
This article addresses this common point of confusion and will help you decide which type of lawyer is best for your needs.
What's the difference between a solicitor and a barrister?
Conventionally, when people are looking for legal advice, they'll employ the services of a solicitor. Typically employed in private firms, solicitors are useful if you're having trouble figuring out and building your case. They can advise you on the strengths and weaknesses of your case, suggest your chances of success and, if they are a solicitor specialising in motoring law, provide expert advice on the intricacies of the charge you're facing. Solicitors can also draft legal documents, negotiate on your behalf or represent you in magistrates' and county courts. However, they cannot represent you in higher courts, unless they've taken a qualification to be a solicitor-advocate.
Barristers specialise in advocacy, meaning they have greater experience and expertise presenting cases in court. They also have the right of representation to higher courts if the case goes that far. Typically, barristers are employed by solicitors to represent their clients' cases in court. However, following recent changes, members of the public can hire barristers directly without using the solicitor as a middle man, helping to cut down on costs. Barristers can also offer specialist legal advice although, unlike solicitors, they can't help you build a case.
Which one should I choose?
Your choice of lawyer will depend on a range of factors. If you're unsure of how to build your case or your chances of success, it's best to consult a solicitor. They can help you to construct a case which they then pass on to a barrister to present in court. Going to a barrister directly is not a good idea if you're clueless about motoring law.
If you're trying to keep down costs, though, employing a solicitor can be expensive. Not only will you probably have to hire an additional barrister at some point, but solicitors generally have a higher hourly rate. If you are confident about your case and have marshalled the evidence and arguments in your favour, engaging a barrister to present it in court may be a cost-effective way to fight the case.
Ultimately, your choice may come down to the complexity of your case. If you're struggling with the details, the extra expense of hiring a solicitor may just help you to win the case. If you have some experience with law, though, you may favour a simpler, more direct approach.
by: Julian Harris
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