Solicitors and Barristers: Same but Different?

Take two would-be public prosecutors, give one a pupillage while the other trains to be a solicitor, and then have another look at them when they qualify. Can you spot the difference? Yes - but since it comes down to the barrister's wig, you could say there's only a hair's breadth in it.Is there a difference between the pupil and the trainee solicitor? Some would say there are many important differences, such as the training, the rights of audience obtained, the culture of each profession, and even the personality required and developed. Others disagree.

This article is written by two people; one of us is a pupil at the Crown Prosecution Service (CPS) and the other is a CPS trainee solicitor. In our experience, while differences do exist, they are not always as pronounced as you might think - especially at the CPS, where training to be a prosecutor means you are in court on a regular basis, whichever stream you choose.

Personality

In terms of personalities, both professions require a high level of commitment and motivation. Those who want to become barristers usually take the pupillage route so they can get 'on their feet' very quickly. Therefore, it may be that they are more willing to attend court and think on their feet earlier in their training. However, this is by no means a hard and fast rule! Many trainee solicitors at the CPS itch to get on their feet mere months into their two-year traineeship. They are relieved to discover that the CPS trains them as designated caseworkers 18 months into their training so that they can obtain limited rights of audience and start treading the boards of the magistrates' court early.

Training

One of the big differences between pupils and trainee solicitors is in the training they receive, both during and after the BVC/LPC.

The BVC has a strong focus on advocacy, starting to prepare the pupil for court appearances early in their career. By contrast, The LPC contains very little advocacy, instead focussing on the more traditional role of the solicitor as an office advisor to their client. On the LPC, much is taught about accounts and client care practices.

Pupils
At the end of the BVC, a pupil spends one year training before becoming a barrister. The Bar Standards Board regulates the training. The first six months are non-practising and pupils are required to attend compulsory advocacy training with their Inn of Court or on circuit, in addition to taking courses on forensic accounting and practice management. Again, the focus is very much on advocacy and preparing the pupil for the practising second six months.

The relationship between pupil and pupil supervisor focuses on preparing the pupil for the second six months and developing the skills needed. Pupils at the CPS are very involved in their pupil supervisor's work, advising on difficult and complex cases, assisting in preparation for court and shadowing their supervisor in court. However, similarities between the work of trainee solicitors and pupils do exist at this formative stage, and at the CPS both are likely to be heavily involved in carrying out the organisation's advisory role during their first six months of vocational training. The skills needed are identical and involve an ability to analyse information in a variety of forms, identify evidential strengths and weaknesses, and apply the law to factual situations. Both disciplines also require the ability to communicate effectively in writing and orally.

During the second six months, pupils have full rights of audience. Pupils at the CPS appear regularly in the magistrates' court and conduct a full range of cases, including trials. The role of the pupil is to present the cases in court and involves significant time spent preparing for this, rather than providing charging advice to the police. The skills needed at this time differ from those of a trainee solicitor due to the different nature of the work.

Trainee solicitors
At the end of the LPC, a trainee undertakes a two-year training contract, with limited rights of audience.

The relationship between a pupil and pupil supervisor differs significantly to that between a trainee solicitor and their supervisor, partly because the trainee’s supervisor has more time to prepare them for the advocacy part of the prosecutor's role. At the start of the training, the focus is on learning the law and procedure, and developing analytical skills through giving pre-charge advice and reviewing cases before they go to trial.

Later the trainee will spend six to eight months outside of the CPS, gaining experience in two other areas of law, as required by the Solicitors Regulation Authority (SRA). In addition, the trainee has more time to undertake short placements with other departments, such as the Witness Care Unit and the Special Casework Unit. CPS pupils can also go on placements - such as the one month spent in chambers - but trainee solicitors do not feel the pressure of time as much.

The final eight months may be spent actually prosecuting as a designated caseworker (DCW) and preparing for qualification. By this time the trainee will have completed the professional skills course (another SRA requirement) and will be working on gaining their higher rights.

Rights of Audience

The most fundamental difference between pupils and trainee solicitors is the fact that pupils are on their feet 18 months before trainee solicitors. However, as explained above, a CPS trainee solicitor may have the opportunity to train as a DCW before they qualify.

Upon qualification, a barrister is entitled to practise before any court, subject to their competence, in line with their Code of Conduct. Solicitors may appear in the magistrates’ court only.

However, at the CPS, this may not be the case for much longer, as solicitor and barrister roles on qualification are becoming increasing similar in terms of advocacy in the courts. Following changes to the law, solicitors can obtain higher rights of audience a mere six months after qualifying, allowing them to practise in the higher courts.

Qualified barristers and solicitors are both required to undertake CPS training before going to the crown court, to ensure a high standard of advocacy.

Culture

What about the cultural aspect of belonging to one profession or the other? At the CPS, people know which of their colleagues are solicitors or barristers – but that is usually because only barristers wear wigs in the crown court, rather than because it is of any importance.

Within the CPS, there is little distinction between solicitors and barristers; if you walk into a CPS office or a magistrates' court, you will not be able to tell who the solicitors and who the barristers are. CPS lawyers have always done the same work - it is only with the advent of higher court rights, and the emphasis now placed on this by the CPS, that the differences manifest themselves through the rights of audience (and the wigs!).

Same but Different

So, while differences exist and abound, the end result for us is that we will both be prosecutors, with the pupil achieving this a year earlier. Whether you choose to be a barrister or solicitor will ultimately be a question of preference and depend on what you want to achieve.

This article was written by Gavin Sumpter, a CPS pupil barrister, and Sibylle Cheruvier, a CPS trainee solicitor. Both have been with CPS Hampshire and Isle of Wight for seven months.