Legal professionals — practice questions

Issue: Division of work between solicitors and barristers, and impact of fusion reforms.

Solicitor role: Case management — take instructions, gather evidence, instruct experts, draft pleadings, conduct disclosure, liaise with client. May appear in court for interlocutory hearings and, if qualified as solicitor advocate, conduct full trial in higher courts.

Barrister role: Provide specialist opinion, draft complex pleadings, advocate at trial — examination, cross-examination, legal submissions. Traditionally instructed via solicitor (cab-rank rule applies).

Traditional division: Solicitor = office work + client contact; barrister = court specialist. Efficient but can add cost and delay.

Reforms: Solicitor higher rights of audience — fusion in practice. Direct access — clients may instruct barristers without solicitor. ABS — non-lawyers may own firms, increasing commercial pressure.

Conclusion: Distinction blurring; barristers still dominate complex advocacy but solicitors increasingly conduct serious trials.

Exam tip: Describe traditional roles first, then show how reforms change the picture — don't treat them as entirely separate worlds.

Scenario: A client, 'C', is suing for £75,000. The trial is expected to last 2 days. We will compare the estimated legal costs for two different routes, excluding court fees.

Route A: Traditional Solicitor-Barrister Instruction In this route, C hires a solicitor to manage the case, who then instructs a barrister for the trial advocacy.

• Step 1: Calculate Solicitor's Fees

  • The solicitor spends 25 hours on case management (taking instructions, drafting documents, liaising with the other side and the barrister).
  • Solicitor's hourly rate: £220
  • Calculation: 25 hours × £220/hour = £5,500

• Step 2: Calculate Barrister's Fees

  • The barrister is paid a 'brief fee' (covers all preparation and the first day of trial) and a 'refresher' (for subsequent trial days).
  • Brief Fee: £4,000
  • Refresher Fee (for Day 2): £1,200
  • Calculation: £4,000 + £1,200 = £5,200

• Step 3: Calculate Total Cost for Route A

  • Total legal fees = £5,500 (solicitor) + £5,200 (barrister) = £10,700
  • Add VAT at 20%: £10,700 × 0.20 = £2,140
  • Final Answer: £10,700 + £2,140 = £12,840

Route B: Direct Public Access to a Barrister In this route, C instructs the barrister directly, handling the case administration themselves.

• Step 1: Calculate Barrister's Fees

  • The barrister must now also do some advisory work a solicitor would normally handle. They spend 5 hours on this.
  • Barrister's hourly rate for advisory work: £300
  • Advisory work cost: 5 hours × £300/hour = £1,500
  • The trial fees remain the same: Brief Fee £4,000 + Refresher £1,200 = £5,200

• Step 2: Calculate Total Cost for Route B

  • Total legal fees = £1,500 (advisory) + £5,200 (trial) = £6,700
  • Add VAT at 20%: £6,700 × 0.20 = £1,340
  • Final Answer: £6,700 + £1,340 = £8,040

Conclusion: The direct access route is £4,800 cheaper (£12,840 - £8,040). However, this saving comes at the cost of the client having to perform all the administrative and case management tasks themselves, which carries significant risk and effort.