I mean, the system is kind of weird.
Do we really need both of them?
Couldn't one just do the job?
I'm sure there are other downsides to having 2 people present your case opposed to one, but idk.
Thoughts?
Answer by Cyberia C
Are you in the UK or Australia or in another Commonwealth country?
Every jurisdiction has slightly different rules how their legal profession is regulated. In Australia, the legal profession was basically inherited from the UK, which of course developed there over hundreds of years. Just as in the UK, Australian solicitors manage a large range of legal work (anything from wills to divorces to complex contracts or company law). Barristers however are specialists who specialise in particular areas of law as well as advocacy - the expertise of appearing in court.
However, over the years the differences between barristers and solicitors have narrowed in Australia. These days there is no longer a legal rule that prevents solicitors from appearing before a judge in court. Many solicitors can and do appear before courts and tribunals. However, for cases that are big and complex or require particular expertise (eg cross examination) many people still prefer to brief a barrister to represent them.
The solicitor's role in that case is to do all the other work that's required before and after a case has its day in court: getting the initial story and instructions from the client, working out the legal issues, drafting and filing the necessary documents, making sure the witnesses or evidence is gathered, organising investigations and telling you when you need a barrister. They will then present the documents to a barrister to appear in court for their client.
While it may seem like you're paying two people, you are really paying for two different services: the solicitor to get the case ready for court and the barrister to present it.
In the past people could not brief a barrister directly, they had to get a solicitor to approach the barrister. These days the rule that a barrister had to be approached by the solicitor has also been abolished: people now can hire barristers directly, without getting a solicitor. However, it's quite possible that if there's a lot of pre-court work, it's probably cheaper to pay a solicitor for that rather than a barrister (who's generally more expensive).
It's a little like medicine: you probably go to your family doctor or GP for most things, but if it's something serious or complex, then you will consult a specialist.
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Orignal From: Why do we need barristers and solicitors?
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