Barristers and solicitors have different skillsets and expertise in various aspects of litigation. Solicitors are generally experienced in giving legal advice, drafting applications, witness statements and other legal documents and engaging in correspondence during any litigation. Barristers are usually used to offer specialist legal advice/drafting or to represent a client in court/tribunals. Barristers usually specialise in an area or two of law which allows them to develop particular expertise and knowledge in that area. When a case has to go to court, many solicitors choose to ‘instruct’ a barrister. This means that they work in partnership, with the solicitor running the litigation and the barrister responsible for the representation in court. The client pays the solicitor for their services and also pays the barrister for the additional services they offer.
Barristers instructed on a direct access basis are instructed not by a solicitor, but by the lay client directly, if the client feels able to conduct the day-to-day running of the case without a solicitor.