Solicitors and Advocates in England and Wales

Introduction

The legal profession in England and Wales is divided into two principal branches: solicitors and barristers (and, in Scotland, advocates). Solicitors are primarily responsible for direct client contact, transactional work, and litigation preparation, while barristers specialise in advocacy, advisory opinions, and specialist litigation. The distinction between the two branches has become less rigid in recent decades, with solicitors gaining rights of audience in the higher courts and barristers being permitted to accept instructions directly from clients in certain circumstances.

The Solicitors Profession

Solicitors are regulated by the Solicitors Regulation Authority (SRA) , which is the regulatory arm of the Law Society of England and Wales. The SRA sets the standards for qualification, conduct, and practice, and has power to investigate complaints and impose sanctions for misconduct.

Qualification as a solicitor requires: completion of a qualifying law degree or conversion course; passing the Solicitors Qualifying Examination (SQE) , which replaced the Legal Practice Course (LPC) in 2021; and completion of two years’ qualifying work experience. The SQE has two stages: SQE1 tests functioning legal knowledge, and SQE2 tests practical legal skills.

Solicitors provide a wide range of legal services, including: conveyancing, wills and probate, family law, commercial law, employment law, litigation, and corporate transactions. Solicitors may also acquire rights of audience in the higher courts by completing the Higher Rights of Audience qualification.

The Barristers Profession

Barristers are regulated by the Bar Standards Board (BSB) , which is the regulatory arm of the General Council of the Bar. The BSB sets the standards for qualification, conduct, and practice for barristers in England and Wales.

Qualification as a barrister requires: completion of a qualifying law degree or conversion course; completion of the Bar Professional Training Course (BPTC) ; membership of one of the four Inns of Court (Lincoln’s Inn, Inner Temple, Middle Temple, or Gray’s Inn); completion of pupillage (a period of supervised practice in chambers); and obtaining tenancy in a set of chambers or employment in an organisation that provides legal services.

The cab rank rule is a fundamental principle of the barrister’s profession: a barrister must accept any brief or instruction to appear in a court or tribunal in which they profess to practice, regardless of the nature of the case, the party or person instructing them, or any personal feelings about the case or the client. The rule ensures that all clients have access to representation, whatever the nature of their case.

Queen’s Counsel

Queen’s Counsel (KC) — known as King’s Counsel during the reign of a monarch — is an honorary rank conferred on barristers and solicitor advocates who have demonstrated particular skill and expertise in advocacy. Appointment as KC is made by the monarch on the recommendation of the Lord Chancellor, following an independent selection process.

KC status is a mark of excellence and seniority, and KCs typically handle the most important and complex cases. Appointments are made annually, and candidates are assessed on their legal knowledge, advocacy skills, integrity, and contribution to the law.

Legal Training and Education

Legal education in England and Wales follows a structured path: academic stage (qualifying law degree or Graduate Diploma in Law); vocational stage (SQE for solicitors, BPTC for barristers); and professional stage (qualifying work experience for solicitors, pupillage for barristers).

The continuing professional development (CPD) requirements ensure that solicitors and barristers maintain their knowledge and skills throughout their careers. The SRA requires solicitors to complete a minimum of 16 hours of CPD per year, while the BSB requires barristers to complete 12 hours.

Fusion of the Professions

The division between solicitors and barristers has become less rigid. The Courts and Legal Services Act 1990 granted solicitors limited rights of audience in the higher courts, and subsequent reforms have extended these rights. Solicitors may now acquire full rights of audience by completing the Higher Rights of Audience qualification, enabling them to appear in the High Court, Court of Appeal, and Supreme Court.

Barristers may now accept instructions directly from clients under the Public Access Scheme, without the need for a solicitor intermediary, for certain types of work. Barristers may also be employed directly by organisations, including businesses, government departments, and law firms.

Conclusion

The legal profession in England and Wales is characterised by the historical division between solicitors and barristers, with each branch having distinct functions, training, and regulation. The SRA and the BSB oversee professional standards and discipline, while the cab rank rule ensures access to representation. The fusion of the professions continues to evolve, with solicitors gaining extended rights of audience and barristers obtaining direct access to clients.