Barrister vs Solicitor: What’s the Difference – and Do I Need Both?
When you are facing a criminal charge, understanding your legal team – and who does what can be confusing. Do you need a solicitor? A barrister? Both? And what is the real difference?
At Emma Turnbull Lawyers, we believe in clarity and confidence at every stage of your defence – so let’s break it down.
What Is a Solicitor?
A solicitor is your first point of contact when you need legal help. In criminal law, solicitors play a vital role in guiding you through the process, right from the moment you are charged or investigated. A criminal defence solicitor will:
- Provide strategic advice early on
- Communicate with police and prosecutors
- Prepare your case and evidence
- Brief a barrister (if one is required)
- Appear in court – often, and effectively – especially in Magistrates’ Court matters.
At ETL, our criminal defence solicitors don’t just sit behind desks. We are seasoned courtroom advocates, appearing daily across all criminal jurisdictions in Victoria. From intervention orders and summary offences to committals and County Court pleas, our team is built for the courtroom.
What Is a Barrister?
A barrister is a bit like a sub-contractor you bring in when a specific skillset is required. Barristers are self employed, while solicitors usually work within a law firm. Barristers specialise in courtroom, and usually trial advocacy. Where solicitors have a more involved lawyer-client relationship and do some of the courtroom advocacy. Depending on your firm, there are some solicitors that do no advocacy work, through to lawyers who run jury trials as “solicitor advocates.”
Do I Need Both?
Depending on the seriousness and complexity of your matter, you may require both a barrister and a solicitor. In Victoria, for most summary offences, your solicitor will run the matter themselves. At Emma Turnbull Lawyers, our criminal lawyers appear in court every day and have the skill and experience to represent you in most matters without needing to brief a barrister.
However, for indictable offences (such as sexual offences, murder, large-scale drug trafficking, and jury trials), it is both common and wise for your solicitor to brief a barrister to lead the matter in the County or Supreme Court.
In these cases, your solicitor and barrister work as a team. The solicitor manages the preparation and strategy behind the scenes, and the barrister takes the lead on courtroom presentation and complex legal argument.
At Emma Turnbull Lawyers, Advocacy Is in Our DNA
Unlike many suburban firms that outsource advocacy to others, we have built our firm around in-house courtroom expertise.
- We are led by Emma Turnbull, Adrian Lewin, and Manny Brennan, who are all Accredited Criminal Law Specialists and known as some of the best criminal lawyers in Melbourne.
- We employ solicitor advocates who regularly run contests, pleas, and bail applications without relying on external counsel.
- We only brief barristers when the complexity of your matter calls for it, and when we do – we brief the best.
This means you get strategic continuity, better communication, and less duplication of costs. Your case stays in expert hands every step of the way.
Why Choosing the Right Criminal Lawyer Matters
If you have been charged with a criminal offence in Victoria, the stakes are high.
Your liberty, your reputation, and your future may be on the line. Choosing the right criminal lawyer in Melbourne is crucial.
When choosing your lawyer, you don’t just want someone to fill out paperwork.
You need:
- A fierce advocate in court
- A calm strategist outside of it
- A team that knows the criminal justice system inside out
- And yes – someone who knows when to brief a barrister, and who to brief.
At Emma Turnbull Lawyers, we do not believe in a one-size-fits-all approach.
Every case is different. Some matters require a full legal team including senior and junior counsel. Others can – and should – be run by your experienced solicitor-advocate. We will always give you transparent and practical advice about what’s needed in your case.
What Are the Cost Implications?
At ETL we always work to minimise unnecessary duplication of work. Because of our in-house advocacy strength, many of our clients can avoid barrister’s fees altogether, especially in matters heard only in the Magistrates’ Court.
If your matter does require a barrister, we will discuss the costs upfront, recommend someone trusted and proven, and ensure they are well-briefed to avoid time wastage.
Final Word: Trust the Specialists
At Emma Turnbull Lawyers, criminal law is all we do. Whether your matter requires just one solicitor-advocate or a full legal team including a top barrister or two (some cases even have three!), you can trust that our decisions are based on strategy, experience, and results.
You don’t need to figure out the solicitor-barrister dynamic on your own. That’s our job. From the first phone call to the final court date, our focus is clear: protect your rights, defend your reputation, and get you the best possible outcome.
Ready to speak with a specialist? Get in touch with our team today.