Essay: Examine the main differences between a Solicitor and a Barrister (qualification / work done)

Examine the main differences between a Solicitor and a Barrister (from how they qualify and also in terms of the work they do within the English legal system.) [40 marks]
One can say with no doubt, that the titles of Solicitors and Barristers are difficult to obtain. The process one has to go through in order to gain either of these titles requires effort and commitment. However, these two professions do differ in terms of education, training, the everyday activities of the job, regulation and many more factors. Within this question, I will attempt to address the differences between these two legal professions and provide substantial analysis of the differences between the two.
To begin with, one of the main differences between a solicitor and a barrister is the fact that they have different regulating bodies. To specify this difference the body which regulates barristers within the UK is known as the Bar Standards Board. In contrast, the body which regulated solicitors within the UK is known as the Solicitors Regulating Authority (SRA). The fact that there are different regulating boards for each profession has meant that the number of people within each profession differ substantially. In order to represent this, as of September 2018, there are 191,621 solicitors of which 146,050 are actively working as solicitors (1). In contrast, the number of barristers is significantly lower and is illustrated by how there is only 1703 Queens Counsel (QC) as well as roughly 16,000 junior barristers (2) (3). One of the overwhelming reasons why there is a large gulf in numbers is to do with the intensive education and training that barristers have to go through. This is often more rigorous than one that a solicitor has to go through.
Although the training one has to go through in order to become a solicitor is intense, there is often higher requirements to become a barrister. As well as this the proportion of those who become barristers from those who aspire to become barristers is much lower when compared to the proportion of those who become solicitors from those who aspire to become solicitors. This is demonstrated by how it is a requirement for a barrister to have either a 1st class degree or at the very least a 2:1, whereas for a solicitor the class of the degree isn’t as significant as it is for a barrister and will probably only affect the different firms they can gain employment within. Furthermore, if any non-law graduate aspires to hold either of these positions they will have to undertake different courses. An aspiring barrister will need to take a graduate diploma in law, whilst an aspiring solicitor will need to study for a common professional examination. Both of these take approximately one year of full-time study. Following this where a solicitor would progress to gain a place on the Legal Practice Course (LPC). Whereas, a barrister has to go through a different scheme called the Bar Professional Training Course (BPTC) as well as completing training activity in London. These two differ significantly in price with the average LPC costing £11,554 across the UK (4) whereas the average BPTC costing £15,568 (5). Despite the higher fees, the BPTC has a similar enrolment rate with approximately 1800 enrolments from 2500 applications. To compare the LPC only has 6000 places. There is 5000 law graduates as well as 4000 non-law graduates competing for this privilege. Following this, an aspiring barrister must complete a 12-month pupillage in order to become a junior barrister. It is important to note that only 550 people from 1800 who enrolled on the BPTC find a pupillage, whilst only 450 people qualify as a junior barrister each year. This means less than one-fifth of aspiring barristers become barristers each year. To compare only 3000 of the 6000 students completing their LPC gain a training contract. This means that of the 9000 aspiring solicitors at the start of the year only one-third succeed.
One final large area by which barristers and solicitors have many differences is in their work and what their day to day responsibilities are. Where barristers belong to one of four inns of court (Inner temple, middle temple, Gray’s Inn or Lincoln’s Inn). It is necessary to note that the inn you belong to has no importance and doesn’t have an effect on one’s prospects. In contrast, solicitors will work as assistant solicitors, partners or practice as a sole practitioner (although sole practitioners are becoming increasingly rare.) A barrister’s main work consists of preparing opinions to be expressed in court, drafting of pleadings and presenting court cases. On the other hand, solicitors’ firms deal with all types of legal work which may give them greater exposure to the ordinary public. Examples may include conveyancing, immigration, family law, drafting wills, compensation claims, employment and housing disputes as well as early preparation for civil and criminal cases. Barrister either tend to focus broadly in areas such as common, family or chancery work or focus very close to criminal, tax or intellectual property. Whereas although solicitors as a whole represent many different causes each firm tends to specialise in their own area of expertise. This means that each individual solicitor likewise concentrates their efforts within certain areas of law. Barristers tend to get paid a fee per case which varies depending on the complexity of each case. An example of this was how Gordon Pollock once demanded £3million for work which involved a complicated case against the Bank of England. In a survey conducted in 1999 barristers with less than 5 years of experience earn in the region of £17,000-£42,000, barristers with 5-10 years of experience earn between £41,000 and £79,000, barristers who have more than 10 years of experience are paid between £61,000 and £124,000. But all barristers do have costs such as chambers rent, clerks fee as well as general office expenses which cost approximately £8000 each year. In the same survey, it estimated a solicitor who recently qualified earned approximately £21,500 per year which rose to approximately £30,000 after two years. Nonetheless, this does depend on the firm one works in, with people working in City firms are estimated to earn much more than someone who works for a high street firm. Although these are their average earnings most solicitors so get paid by the hour, with some solicitors earning as much as £150 an hour and even more if they’re working within London. This fee does have to be specified beforehand and there is a failure to do this then the solicitor is only permitted to gain a ‘reasonable fee’ for the work completed. Not only this but as demonstrated in White V Jones (1995) (7) under the solicitors’ act 1974 a client can refer it to the law society who may cut the bill if it is deemed as excessive. Finally, unlike solicitors as shown in Hesford V Bar Council (1999), barristers have to accept every case they receive under the cab-rank rule. This is as long as they are offered a suitable fee, they have the time and the skills required for the case.
In conclusion, there are many differences between these two professions of which include the education required, the number of people within these professions, the wages and the responsibilities at work they have.