If you have been injured and are trying to work out who to call, the terminology alone can be off-putting. Do you need a lawyer? A solicitor? A barrister? Are they even different things? Legal titles are confusing from the outside, so here is a plain-English guide to who does what in a Queensland personal injury claim, and who you will actually deal with at each stage of yours.
1. Lawyers
Of all the titles, this is the most common term across the globe. In Australia, “lawyer” describes a person who has completed a legal degree and any associated training, and has been admitted to the Roll of Lawyers via the Legal Practitioners Admissions Board. The term is broad and covers both solicitors and barristers, even those no longer practising. So when you search for an “injury lawyer”, every solicitor and barrister you find technically qualifies; the useful distinction is the one below.
The most common other term for a lawyer is “attorney”, however that is what lawyers are called in the United States. In Australia we do not use the term for lawyers at all; a reference to an attorney here usually means a non-legally-trained representative acting for someone under a power of attorney.
In some states a lawyer may practise as both solicitor and barrister. In Queensland, they must choose one or the other, which is why your claim may end up involving both.
2. Solicitors
A solicitor is the one you call. In Australia, a genuine practising lawyer will not only have been admitted to the Roll; they will have completed further study or a traineeship and hold a current practising certificate issued by their state’s law society. That certificate matters to you for one reason above all: insurance. Every solicitor is insured for negligent advice, and must complete ongoing training every year to keep the certificate. A lawyer without one cannot give you legal advice at all.
Your solicitor takes your instructions, evaluates your circumstances, gives advice, drafts documents, negotiates with the insurer on your behalf and can represent you in court. A good solicitor also tracks every time limit in your case, and in injury claims the deadlines are strict and unforgiving. In short, the solicitor is responsible for your case’s overall strategy and drives it towards resolution. On complex matters it is not uncommon for more than one solicitor to work together on your file.
If your case involves litigation, your solicitor will often engage a barrister to assist. The instructions are called a “brief”, an indexed bundle of the papers relevant to your case, which lets the barrister provide a written opinion (called Counsel’s Advice) or represent you in court and speak directly to the judge on your behalf.
Solicitors have the right to appear in any court, but usually represent clients themselves in the Magistrates Court and prefer to brief barristers in the District Court and Supreme Court.
Tip: before engaging anyone, you can check that they hold a current practising certificate through the Queensland Law Society.
3. Barristers
A qualified lawyer admitted to the Roll can apply to practise solely as a barrister. Typically barristers start as solicitors and, after years working in a field such as personal injury law, sit the Queensland bar examinations, complete the barrister practice course and obtain a practising certificate from the state’s Bar Association.
Barristers are sworn officers of the court. They work independently from shared offices known as “chambers” rather than inside law firms, and act principally as courtroom advocates: arguing your case, presenting evidence, examining witnesses and cross-examining the other party’s witnesses.
Think of a barrister as a specialist. In medicine you see your GP first, and the GP refers you on when a specialist is needed. The legal profession works the same way: you see a solicitor first, and if a barrister is needed your solicitor prepares a brief with written instructions and engages one suitable for your case. The brief may be:
- a brief to advise on liability (whether you or the other party is legally at fault)
- a brief to advise on quantum (how much your claim may be worth; you can see real examples of how Queensland courts have assessed quantum in our Personal Injury Quantum Database)
- a brief to advise on evidence (whether the available evidence supports your case, and what further evidence is needed)
- a brief to appear at a hearing or trial
You will not deal with the barrister directly, but you may meet them in conferences alongside your solicitor, and the two work as a team on your case.
Note: technically your solicitor engages the barrister and is personally liable for the barrister’s fees, which is why some firms ask for money up front to cover the expense. In personal injury claims, however, barristers often act on the same No Win, No Fee basis as solicitors.
Barristers’ professional standards prevent them dealing directly with the public except through solicitors. Even without those rules it would rarely be practical: they are in court, preparing for court, or contemplating the complex issues in a variety of cases.
Some other terms for barristers you may come across:
- King’s Counsel (KC), Queen’s Counsel (QC) or Senior Counsel (SC) are titles reserved for the most experienced barristers.
- Silk is the informal term for a KC or SC. You may have heard it in the Australian legal drama Rake.
4. Paralegals
A paralegal works in a law firm in a role similar to a solicitor’s but does not usually hold a law degree. In many firms, paralegals are highly capable and handle the day-to-day management of your case. They do a hell of a lot of research, and through practical experience alongside senior solicitors often know more than newly admitted solicitors do.
Paralegals cannot represent you or give legal advice, but they are often your point of contact for case updates, and their involvement keeps your costs down by ensuring a solicitor is not doing the administrative work your claim inevitably generates.
So who do you actually contact first?
A solicitor, always. If you are considering a personal injury claim, the solicitors at Roche Legal can assess your circumstances and determine the best course of action to start it. As your case progresses and evidence is gathered, we will keep you informed of your legal position and prospects, and tell you early whether a barrister should be engaged to help negotiate an early resolution or whether your matter is likely to go to court.
Roche Legal’s solicitors are experienced in all types of personal injury claims, from car accidents and workplace accidents to public place accidents and TPD insurance claims. If you are looking for the best no win no fee compensation lawyers in Brisbane, reach out today for a free initial consultation with our Principal Solicitor, Sean Roche.