A Practical Guide for Litigants in Person (England & Wales)
If you are involved in court proceedings—particularly family court proceedings—it is almost impossible to avoid confusion about lawyers.
People are often told things like:
- “You need a barrister for court.”
- “Solicitors do the paperwork, barristers do the arguing.”
- “Barristers are more senior than solicitors.”
- “Legal executives aren’t really lawyers.”
Much of this is outdated, incomplete, or simply wrong.
This article explains—clearly and honestly—what the difference actually is between barristers, solicitors, and legal executives, how the system really works in England and Wales, and what this means in practice if you are representing yourself or trying to decide what help you actually need.
There is no hierarchy here. One is not “better” than the other. They are different roles within a split legal system, designed (at least in theory) to work together.
Who Should I Use? A Simple Decision Guide
If your case is procedurally complex, document-heavy, or involves safeguarding concerns, you will usually benefit from a solicitor or legal executive, who can manage evidence, deadlines, correspondence, and compliance with court rules. If your case turns on advocacy at a specific hearing—for example, a fact-finding hearing, final hearing, or appeal—a barrister may be the right choice, either instructed by a solicitor or (in suitable cases) directly by you. If you are representing yourself but need targeted help rather than full representation, strategic support such as document review, bundle preparation, hearing preparation, or procedural guidance can often be more effective and proportionate than instructing a lawyer for everything. The right choice depends not on titles, but on what help you actually need at each stage of your case.
Key Takeaways for Litigants in Person
If you are navigating the family court without a solicitor, understanding legal roles matters. Here’s what you need to know:
- Barristers, solicitors, and legal executives are all qualified lawyers.
None is automatically “better” or more senior than the others. - They have different roles, not different levels of importance.
Barristers typically specialise in court advocacy; solicitors and legal executives usually manage cases, evidence, and procedure. - You do not need a barrister just because you are going to court.
Many family court hearings are handled effectively by solicitors, legal executives, or litigants in person with targeted support. - You do not need a solicitor to instruct a barrister in every case.
Some barristers accept direct access instructions, but this is only suitable if you can manage the litigation tasks yourself. - Legal executives are lawyers, often with deep family law expertise.
They are not “junior solicitors” and should not be dismissed as less qualified. - Cost structures differ.
Solicitors and legal executives usually bill hourly; barristers are often paid per hearing or task. - The best legal support is strategic, not all-or-nothing.
Many litigants benefit from limited, procedural, or hearing-specific assistance rather than full representation. - Titles do not win cases — preparation does.
Clear evidence, proper procedure, and focused arguments matter far more than which lawyer is involved.
The Legal System in England & Wales: A “Split” Profession
England and Wales operate a split profession.
That means legal work is divided between different types of lawyers with different functions:
- Solicitors
- Barristers
- Legal Executives
In some countries—such as the United States—there is a fused system, where all lawyers can (in theory) do everything. That is not how our system works.
Instead, different lawyers tend to specialise in different aspects of legal work, even though there is increasing overlap.
First: All Three Are Lawyers
Let’s start with a critical point that is often misunderstood:
Barristers, solicitors, and legal executives are all qualified lawyers.
They are regulated professionals.
They are subject to ethical rules.
They owe duties to their clients and to the court.
They can all be highly experienced, highly skilled, and deeply specialised.
The difference lies in training routes, working structures, and typical roles, not intelligence, status, or seniority.
Training Routes: How Each Type of Lawyer Qualifies
Shared Foundations
All lawyers begin with legal education covering core subjects such as:
- Contract law
- Land law
- Public law
- Criminal law
This may be via:
- A law degree, or
- A non-law degree followed by a conversion course
After that, the routes diverge.
Barristers: Advocacy-Focused Training
Barristers undertake:
- Academic legal training
- A vocational advocacy-focused course
- Pupillage (one year in chambers under supervision)
During pupillage:
- The first six months are observational
- Only after that can a barrister appear in court independently
Barrister training places heavy emphasis on:
- Oral advocacy
- Court procedure
- Legal analysis
- Working independently
Solicitors: Client-Facing and Litigation-Focused Training
Solicitors qualify through:
- Academic training
- Vocational/legal practice training
- Supervised practice (now often via the SQE route)
Solicitor training focuses on:
- Managing cases
- Advising clients
- Handling money and compliance
- Conducting litigation
- Drafting and negotiation
Solicitors are often the primary point of contact for clients.
Legal Executives: Practice-Based Expertise
Legal executives typically qualify while working in practice, often over several years.
They:
- Build portfolios of real casework
- Sit professional exams
- Specialise early and deeply in a specific area (for example, family law)
Many legal executives have more hands-on experience in their niche than newly qualified solicitors or barristers.
This route is particularly common for those with:
- Caring responsibilities
- Non-traditional career paths
- Long experience as paralegals
Legal executives are not “lesser” lawyers. They are specialists.
What Type of Legal Help Do I Actually Need?
Start here: use the prompts below to choose the right kind of support for your case stage.
-
If you are unsure what the court process is, what forms to file, or what happens next
→ You likely need procedural guidance or litigation support, not full representation. -
If your case involves safeguarding issues, allegations, Cafcass, or local authority involvement
→ A solicitor or legal executive is usually best placed to manage evidence, reports, and compliance. -
If you have a specific upcoming hearing where oral argument matters
→ A barrister may be appropriate for that hearing alone. -
If you need help preparing statements, schedules, chronologies, or bundles
→ A solicitor, legal executive, or structured litigation support is usually more cost-effective than a barrister. -
If you are confident handling paperwork but need legal analysis or advocacy
→ Consider a direct access barrister (only if suitable). -
If you cannot afford full representation but feel overwhelmed
→ Limited, targeted support at key stages is often the most effective option. -
If someone tells you “you must have a barrister because it’s court”
→ That is not true. Many family court hearings proceed without one.
Business Structures: How Lawyers Work Day to Day
Barristers and Chambers
Barristers are usually self-employed.
They work from groups called chambers, which:
- Share premises and admin
- Do not share clients or profits
This means:
- Two barristers in the same chambers can act on opposite sides of a case
- Independence is preserved
Solicitors and Law Firms
Solicitors usually:
- Work in firms
- Are employees or partners
- Share responsibility and conflicts
Because of this:
- A single firm cannot act for both sides in the same dispute
Legal executives are typically employed within solicitor firms.
Advocacy vs Litigation: Who Does What?
This is where confusion is most common.
Barristers: Court Specialists
Barristers typically:
- Advise on legal issues
- Draft complex documents
- Appear in court
- Cross-examine witnesses
- Make submissions to judges
They are allowed to appear in all courts, including the highest appellate courts.
Solicitors and Legal Executives: Case Managers and Litigators
Solicitors and legal executives typically:
- Meet clients
- Build the case
- Handle correspondence
- Manage evidence
- Instruct experts
- Prepare bundles
- Instruct barristers when needed
Many solicitors and legal executives also conduct advocacy, particularly in family court.
Rights of Audience: Who Can Speak in Court?
- Barristers: All courts
- Solicitors: Family Court; some have higher rights
- Legal Executives: Rights depend on qualification and court
In family proceedings, solicitors and legal executives often speak in court directly.
Costs and Billing: How You Pay
- Barristers are often paid per task or hearing
- Solicitors usually bill hourly
- Legal executives usually bill hourly
Barristers are often used because:
- They are cost-effective for hearings
- They are experienced advocates
- They can be instructed for discrete tasks
How Much Does Each Type of Lawyer Usually Cost?
Costs vary widely, but how lawyers charge matters more than titles. Understanding this can help you use legal support proportionately and avoid unnecessary expense.
Solicitors
- Usually charge by the hour
- Often handle the case end-to-end
- Costs can escalate if proceedings are prolonged
- Valuable for ongoing case management and procedural oversight
Legal Executives
- Usually charge by the hour
- Often more specialised in a narrow area (for example, family law)
- Can be more cost-effective for routine litigation tasks
- Often highly experienced in day-to-day court processes
Barristers
- Usually charge per task or per hearing
- Commonly instructed for:
- Specific hearings
- Legal advice
- Drafting key documents
- Often offer more predictable costs for discrete work
- Not usually responsible for ongoing case management
A Common Mistake
“If I can’t afford a solicitor, I can’t afford any legal help.”
In reality, limited, strategic assistance—used at the right moment—often costs far less than full representation and can prevent expensive procedural mistakes.
Direct Access Barristers: Can You Instruct One Yourself?
Yes—sometimes.
Under direct access, a client can instruct a barrister without a solicitor if:
- The case is suitable
- The client can manage litigation tasks themselves
- The barrister agrees it is appropriate
Direct access is not suitable for everyone and not always cheaper once practical realities are considered.
The Cab Rank Rule (Barristers Only)
Barristers are subject to the cab rank rule, meaning:
If a barrister:
- Is available
- Is competent
- Is offered proper fees
They cannot refuse a case because they dislike the client or the issues.
This protects access to representation, especially in unpopular or difficult cases.
The rule does not apply to:
- Solicitors
- Legal executives
- Direct access work
Continuity: Why You May See Different Lawyers
Solicitors are usually retained throughout a case.
Barristers may:
- Be instructed for specific hearings
- Change if dates clash
- Be replaced if unavailable
This is normal and procedural—not a reflection of case quality.
Judges: Who Becomes One?
Judges can come from all three routes:
- Barristers
- Solicitors
- Legal executives
Historically, more judges came from the Bar, but this is changing.
King’s Counsel (KC): What Does That Mean?
Some barristers are appointed King’s Counsel (KC).
This indicates:
- Seniority
- Expertise
- Complex case experience
KCs often work with junior barristers and solicitors as part of a legal team.
Teamwork Matters More Than Titles
The legal system works best when:
- Solicitors
- Barristers
- Legal executives
Respect each other’s roles and work collaboratively.
There is no “top” lawyer.
There are different functions.
A Note on Dispute Resolution (Modern Practice)
Many lawyers—particularly in family law—now see themselves as:
- Dispute resolution specialists
- Mediators
- Arbitrators
- Collaborative practitioners
Avoiding court does not mean avoiding the law.
It means working in the shadow of litigation, informed by legal knowledge.
What This Means for Litigants in Person
If you are representing yourself:
- You do not automatically need a solicitor
- You do not automatically need a barrister
- You do need clarity about roles and boundaries
Strategic, limited, procedural support—used wisely—can be more effective than full representation.
Common Myths That Cause Confusion in Family Court
Misinformation about lawyers regularly leads litigants in person to make decisions that increase stress, cost, and procedural risk. The myths below are among the most common.
-
Myth 1: Barristers are more senior or better than solicitors
❌ False. They have different roles, not different status or importance. -
Myth 2: You need a barrister if your case is serious
❌ False. Serious cases usually require good preparation, clear evidence, and procedural compliance — not a particular job title. -
Myth 3: Legal executives are “not proper lawyers”
❌ False.FB They are qualified lawyers, often with deep specialist experience in a specific area such as family law. -
Myth 4: Going to court means full representation is mandatory
❌ False. Many litigants appear in person with targeted, strategic professional support. -
Myth 5: Direct access barristers are always cheaper
❌ Not necessarily. Direct access is only suitable where the client can manage litigation tasks themselves. -
Myth 6: If you start without a lawyer, you’ve already failed
❌ False. Courts regularly deal with litigants in person. Preparation and procedural understanding matter far more than representation status.
Reality check: Family court outcomes are driven by evidence, procedure, and focus — not prestige, titles, or assumptions about who “should” be involved.
Final Thought
The biggest mistake litigants in person make is assuming:
- One type of lawyer is “better”
- Court requires a specific title
- Professional help must be all-or-nothing
None of that is true.
Understanding how the system actually works puts control back in your hands.
Regulatory & Editorial Notice
This article is provided for general information only. It does not constitute legal advice. Professional roles, rights of audience, and regulatory frameworks may change. If you are unsure how these distinctions apply to your case, you should seek tailored advice or procedural guidance.
