Introduction
If you’re looking for legal advice Brisbane, you might be wondering something: what is the difference between a solicitor and a lawyer?
People often use these words as if they mean the same thing. But in Australia, and especially in Queensland, they actually have different meanings. Knowing the difference can help you a lot. This is true whether you’re dealing with a family problem, writing a will, or facing a court case.
This article will clearly explain these different roles, covering the roles of solicitors vs barristers in QLD. We will help you understand who you need to contact for your situation. We will also touch on a bit of history and how things work in real life.
The Meaning of “Lawyer” in Australia
In Australia, the term lawyer is a broad category. It refers to anyone admitted to practice law after completing a law degree and required training. This includes both solicitors and barristers.
A lawyer may work in:
- Private practice (law firms large or small)
- Government roles (crown prosecutors, public defenders, policy officers)
- Corporate in-house legal departments
- Non-profit or advocacy organisations
Thus, while every solicitor is a lawyer, not every lawyer is a solicitor.
What Does a Solicitor Do?
A solicitor is usually the first point of contact when someone needs legal help. They provide:
- Legal advice on personal and business matters.
- Drafting documents, such as contracts, wills, and property transfers.
- Representation in lower courts such as the Magistrates Court.
- Briefing barristers in higher or complex cases.
Solicitors often work in direct contact with clients, building long-term relationships. If you have a family law issue or need to speak to Wills and Estate Lawyers Brisbane, a solicitor is generally the person you consult.
| Service | Typical Role of Solicitor | Example in Queensland |
| Family Law | Advises on divorce, custody, settlements | Drafts parenting plans |
| Property Law | Manages conveyancing, leases | Transfers title in QLD property |
| Wills & Estates | Prepares wills, probate applications | Advises on estate disputes |
| Commercial Law | Drafts contracts, compliance | Assists with small business setup |
| Criminal Law | Represents clients in Magistrates Court | Prepares defense briefs |
What Does a Barrister Do?
A barrister is a specialist advocate. While solicitors manage most client interactions, barristers focus on courtroom advocacy and complex legal opinions.
Key roles of barristers include:
- Appearing in District, Supreme, and High Courts.
- Cross-examining witnesses.
- Delivering persuasive legal arguments.
- Advising solicitors on difficult points of law.
In Queensland, solicitors usually “brief” barristers when a case requires courtroom expertise. For instance, if a probate dispute escalates into litigation, a solicitor might engage a barrister to represent the client in court.
barrister presenting case in court in Queensland
Historical Background: Why Two Roles?
This system comes from England. A long time ago, solicitors handled all the paperwork and client meetings. Barristers were the only ones allowed to argue in the higher courts.
Australia took on this system. Some states have merged the roles, but Queensland still keeps them fairly separate. This means each can specialise. Barristers become masters of court advocacy. Solicitors become experts in managing clients and cases.
This system ensures:
- Specialisation – Barristers focus on advocacy.
- Quality control – Clients usually reach barristers only through solicitors.
- Efficient division of work – Solicitors handle preparation, barristers handle court appearances.
The Practical Difference for Clients
For most everyday legal issues, you will only ever deal with a solicitor. For example:
- Drafting a will → Solicitor
- Buying or selling property → Solicitor
- Applying for probate → Solicitor
But if your case goes to a higher court, your solicitor will get a barrister involved. This way, you get the best help. Your solicitor looks after you and your case, and the barrister fights for you in court.
Costs: Solicitor vs Barrister
Legal fees can be confusing. Solicitors usually charge by the hour or a set fee for standard jobs. Barristers charge a fee for each day they are in court. Their fees depend on their experience and the case’s complexity.
| Service | Solicitor Fee (AUD) | Barrister Fee (AUD) |
| Simple Will | $300 – $800 | Rarely involved |
| Divorce Application | $900 – $2,000 | Only in complex disputes |
| Magistrates Court Hearing | $2,000 – $5,000 | $3,000 – $8,000 per day |
| Supreme Court Trial | $20,000+ | $50,000 – $150,000+ |
Legal Representation Types in Queensland
When seeking legal advice Brisbane, clients may encounter different representation structures:
- Solicitor-only representation – Best for straightforward matters.
- Solicitor + Barrister – Common in criminal defense, complex family law, or constitutional matters.
- Direct access to barristers – Rare, but permitted in limited circumstances with “direct access briefs.”
The structure you need depends on complexity, court level, and budget.
Constitutional Lawyers and Specialist Roles
Sometimes, clients need expertise beyond general solicitors or barristers. For instance, in constitutional cases, you may require a specialist.
These lawyers handle challenges to laws, separation of powers issues, and High Court matters. Your solicitor would usually brief such specialists.For more on this topic, see our guide: Understanding constitutional lawyers.
When Do Constitutional Issues Arise?
Examples include:
- High Court challenges to Commonwealth legislation.
- Questions about states’ powers vs federal powers.
- Rights issues in immigration or detention.
Most clients will never encounter constitutional law directly, but these issues shape the broader legal framework in which solicitors and barristers operate.
Choosing the Right Lawyer for Your Needs
So how do you pick the right help? Ask yourself a few questions: Do you need advice or a court expert? What is your budget? Has your solicitor told you a barrister is needed?
For example, if you need to make a will, you find a solicitor who specialises in that. For a big court case, you will need both a solicitor and a barrister.
Concluding Notes
Let’s keep it simple.
- A lawyer is anyone who is qualified to practice law.
- A solicitor is a lawyer who gives you advice and handles your case.
- A barrister is a lawyer who is a specialist court advocate.
When you need legal advice, you will probably start with a solicitor. If your case goes to a higher court, they will get a barrister to help. Understanding this difference helps you know what to do and who you are talking to.
solicitor and lawyer differences in Australia
FAQs
Q1: Is a solicitor more qualified than a lawyer?
No. “Lawyer” is the broader term; solicitors are one type of lawyer.
Q2: Can I hire a barrister without a solicitor?
Usually no, except in limited direct access cases.
Q3: Do solicitors appear in court?
Yes, particularly in lower courts. Barristers handle higher-level advocacy.
Q4: Are solicitor and lawyer the same in Queensland?
Not exactly. All solicitors are lawyers, but not all lawyers are solicitors.
Q5: Why are barristers more expensive?
They specialise in advocacy and often have many years of experience.