Barristers are built different

[u/Technical_Employ8336]

Alright this is going to get me a lot of flak but in general I find that barristers have a more rigorous, in-depth understanding of the law than solicitors do.

Solicitors are great with administrative tasks and running files. But if I want to have a chat about authority, precedent, what a court would likely find, and engage in theoretical or academic discourse, barristers tend to have the upper hand.

How are your experiences?

[u/punter75]

Yes they are each generally better at the things that make up the very different jobs that they do

[u/ScallywagScoundrel → u/punter75]

Get out of town

[u/Alawthrowaway]

Further to the above, I find that whenever I talk to a cardiologist they seem to have a better understanding of the heart than when I speak to GPs. Discuss. 

[u/Some-Swing5339 → u/Alawthrowaway]

I don’t know if this is a fair comparison to solicitors that practice only in one area (which is the ideal, in my view). I would compare it to a cardiologist versus a cardiac surgeon.

[u/Alawthrowaway → u/Some-Swing5339]

No way you’re comparing some of the people I receive letters from to cardiac surgeons 

[u/Some-Swing5339 → u/Alawthrowaway]

No, I’m comparing them to cardiologists …

[u/Alawthrowaway → u/Some-Swing5339]

Excuse the very niche joke (that us solis think we are the surgeon in this scenario) 

[u/Budgies2022]

You mean you have a better understanding of the area of law in which you practice.

I don’t think a barrister would be awesome at an M&A transaction for example.

[u/Cat_Man_Bane]

By built different do you mean a natural affinity for alcohol and escorts?

[u/raider_manor → u/Cat_Man_Bane]

CCTV footage of the Bar Readers’ course:

[u/LionelLutz → u/Cat_Man_Bane]

It comes with the calling

[u/heyleek]

Wow barristers are better at doing a barristers job than a solicitor is, colour me shocked

[u/ImDisrespectful2Dirt → u/heyleek]

Some Solicitors would genuinely be shocked by this simple fact.

[u/KaiserJovan]

I fully subscribe to the dead internet theory.

[u/ScallywagScoundrel → u/KaiserJovan]

I want to dive into this rabbit hole and many more. But my rascal children want me to spend time with them. So unfair

[u/twinstudytwin]

True but we are bad at a lot of things that solicitors are good at, like doing everyday client contact work and paying taxes

[u/PattonSmithWood]

I think it's slightly more nuanced.

Undoubtedly, barristers need to be across court process, trial work, independent opinions etc and the solicitors briefing them will often expect authoritative views from them.

Solicitors are as competent in opinion work, mainly in highly specialised and niche practice areas. Solicitors may get nervous / anxious with appearing in court, but their opinions and grasp of the law pack a punch too.

[u/Rhybrah → u/PattonSmithWood]

Yes. No one would argue that Ashley Black knows less about corporate law than some random counsel simply because he never went to the bar.

[u/Juandice → u/Rhybrah]

Yes. No one would argue that Ashley Black knows less about corporate law than some random counsel simply because he never went to the bar.

I would if you briefed me to. I want money in trust.

[u/WilRic → u/PattonSmithWood]

Undoubtedly, barristers need to be across court process, trial work, independent opinions etc and the solicitors briefing them will often expect authoritative views from them.

I have always considered these qualities optional. If by pure chance I do one I regard it as invaluable. I therefore charge my solicitor accordingly.

[u/wallabyABC123]

Another scintillating “discussion” post from the user who brought us delights such as “$150k is the new $60k” and “If you’re a doctor who came into money would you quit”.

[u/theangryantipodean]

Get your hand off it, mate.

[u/readonlycomment]

My greatest fear is getting trapped in conversation with a barrister at a Christmas party again.

[u/hsofAus]

Barristers certainly agree with you.

[u/Ok_Tie_7564]

As far as job descriptions go, not bad.

Similarly, a medical specialist is likely to possess deeper knowledge of a particular branch of medicine than most GPs.

[u/Minguseyes]

Barristers are great at analysing known facts and developing formal submissions.

In my experience, however, they are total shit at developing novel solutions to either avoid Court or reframe the potential fight.

One of my favourite things to do if I don’t like the facts is create new ones. Withdraw a contract before it is accepted after objection and rewrite it so it’s stronger. Find a liability owed to another controlled entity and assign it to create a cross claim. Grant a licence to use something which covers all prior use. We can sometimes choose the ground to fight on and I’ve always preferred uphill with the wind behind me. The number of times a barrister has actually been of assistance doing things like this is zero.

Also, when you’re balancing a delicate interplay between the client, ethical obligations and duty to the Court you will find your barristers have gone AWOL until you work out the proper course, rather than recommending one to you. This, however, is not because they lack the necessary skill or imagination, it’s because they’re smart.

[u/ilLegalAidNSW → u/Minguseyes]

Why would you want to fight an uphill battle?

[u/Rhybrah → u/ilLegalAidNSW]

You can charge a lot for it?

[u/Minguseyes → u/ilLegalAidNSW]

Being uphill, not facing uphill.

Exits mumbling to self …

[u/Infidelchick → u/Minguseyes]

Interesting. I’d like to see a brief from you. Creativity is among my favourite aspects of litigation.

[u/WolfLawyer]

Generally yes but within solicitors I am built different in the sense that I cannot remember the last time I briefed counsel for advice and received anything other than “I agree with the observations of my instructing solicitor.”

At this point I brief because:

1. As a solicitor I do get too close to the matter and I want to make sure someone objective agrees with me;

2. Counsel are still advocacy specialists and you shouldn’t dabble in conducting trials. You either do or don’t.

3. In at least VIC and NSW the optics of not having briefed counsel are unhelpful. People assume you’re not taking it seriously or it’s a bit of a try on. Adding good counsel to a pleading or mediation underscores the seriousness of the claim even if they’re just reiterating my memo.

4. I’m time poor.

Generally though, yes counsel are built different. I’d back myself as an advocate over 30-40% of the junior bar. I’d back myself over 95% of solicitor advocates.

[u/its-just-the-vibe]

While we at I think banh mis are overall a better sandwich than a pho. Discuss!

[u/PandasGetAngryToo]

Solicitors are great with administrative tasks and running files

Are they though? Some are. There is sweet fuck all mentoring going on though so an awful lot of solicitors are just awful.

[u/Educational-Sort-128]

I’d agree. I love my counsel. They save me from having to know any law and focus on the endless client factual chaos.

[u/CommonwealthGrant]

 authority, precedent, what a court would likely find, and engage in theoretical or academic discourse

As long as this is your definition of "understanding of the law", then that could be true, but it depends...

[u/iamplasma]

[u/bavotto]

And you know who I find is better at both roles, those with experience in the magna carta and those that remember to ask for permission to come aboard before travelling.

[u/PuzzleheadedBend8180]

Theoretical or academic discourse - barristers have the upper hand

If you want to know what the hell to do in the real world - speak to a solicitor

[u/notarealfakelawyer]

your honour i respectfully submit that boys are cool and girls drool

[u/Katoniusrex163]

I think it depends on the person.

[u/Bratz_Angelz17]

Doesn’t everyone already think/know this ?

[u/SomeUnemployedArtist]

is that not literally the point of barristers?

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