Barrister or solicitor: the difference
A solicitor runs your case: they take it on the court record, gather and serve evidence, and deal with the court. A barrister advises on the law and argues the case in court. For most Crown Court cases you need both, though a barrister can sometimes be instructed directly.
Last checked against the law on 22 October 2026.
What a solicitor does
A solicitor is the person on the record. They are the point of contact for the court and the prosecution, they serve and receive documents, they instruct experts and trace witnesses, and they deal with legal aid.
Almost all of the administration of a criminal case is a solicitor’s work, and in a case with any volume of material it is most of the work.
What a barrister does
A barrister advises on the law and the evidence, drafts the written arguments, and does the advocacy. In the Crown Court the advocate is almost always a barrister.
A barrister is self-employed and is instructed case by case, which is why you can have the same solicitor for years and a different barrister each time.
Can you go to a barrister directly
Sometimes. A barrister on the Public Access register can be instructed without a solicitor. What they cannot do is conduct litigation: go on the record, issue applications in your name, or correspond with the court for you.
So a direct instruction works when the case does not need those things done, and does not work when it does. It also cannot be funded by legal aid.
What to do about it
If you are at a police station now, ask for the duty solicitor; it is free and immediate. If you want advice on where you stand, or representation at a particular hearing, he can be instructed directly.
This page explains a process. It is not legal advice and it is not a substitute for it: what is right in your case depends on facts that are not on this page.