Lawyer, solicitor, attorney and barrister: what's the difference?

If you've ever watched a courtroom drama and wondered why some legal professionals have different titles (and why some wear wigs and some don't), you're not alone. 

The terms "lawyer", "solicitor", "barrister" and "attorney" are often used as if they mean the same thing – but in Australia, they're fairly distinct. Understanding the difference matters, whether you're figuring out who to call when you need legal help, or deciding which path you want to take in a law career. Here's a simple breakdown of what it all means.

What is a lawyer?

Let's start with the big one. In Australia, "lawyer" is the broad term referring to anyone who has been admitted to the legal profession, either as a barrister or solicitor. To become a lawyer, a person must complete a bachelor's or postgraduate degree in law.

Here's something to remember: all solicitors and barristers are lawyers, but not all lawyers are solicitors or barristers. Think of "lawyer" as the umbrella term that covers the whole profession.

Interested in how much a lawyer makes on average? Find out more in our state-by-state blog.

What is a solicitor?

A solicitor is typically the most common legal professional most of us will deal with. They work directly with clients – advising them, preparing contracts, wills and other legal documents, and handling paperwork for the courts.

Solicitors form the frontlines of the legal profession in Victoria. When cases escalate or require specialist advocacy, solicitors work alongside barristers to make sure their clients get the best possible representation.

Solicitors can also specialise in a variety of areas, like:

  • family law
  • migration law
  • commercial law
  • criminal law
  • personal injury and more.

They're usually employed by law firms or operate as sole practitioners.

While solicitors do sometimes appear in court, most of their work tends to happen behind the scenes: research, advice, negotiations and documentation.

What is a barrister?

A barrister – often referred to as "counsel" – is a lawyer who specialises in representing clients in court. This usually happens when a court matter involves more complex or nuanced issues. 

Barristers are the courtroom specialists of Victoria's legal scene. Unlike solicitors, they operate independently, not tied to any firm, and often work within professional spaces known as "chambers". Plus, barristers typically have more experience and expertise in court procedure and advocacy than solicitors.

Most of the time, a client won't engage a barrister directly – their solicitor will recommend and brief one when a case needs specialist court representation. If a barrister is needed, the solicitor recommends one appropriate to the client's budget and the nature of the case. Think of it like a general medical practitioner (GP) recommending a patient to a medical specialist.

In Victoria, the most senior and experienced barristers can be appointed as Senior Counsel (SC) or Kings Counsel (KC) – recognition of their exceptional skill and standing at the bar. And yes – some barristers still wear wigs in court, but that depends on state, court level and the type of court proceeding.

What is an attorney?

Here's where a lot of people get confused – and understandably so, given how much American legal content dominates TV, film and the internet.

In Australia, the term "attorney" or "attorney-at-law" isn't used at all – except in the case of the trade mark attorney profession. A trade mark attorney helps to protect individuals and businesses' intellectual property, looking after logos, names, slogans and more.

Does it differ between states?

Yes. In some Australian states, you can be both a barrister and a solicitor – this is known as a fused profession.

In Victoria, South Australia, Western Australia and the Australian Capital Territory, barristers and solicitors are fused (you can work as both at the same time) – but you can also practice solely as one or the other. 

This is the same for Tasmania and the Northern Territory, but fewer numbers of practitioners operate as independent barristers (also known as an independent bar). 

For New South Wales and Queensland, the roles of barrister and solicitor are considered a split profession, meaning each role has separate responsibilities and areas they work in.

What's the path to becoming each?

Both solicitors and barristers start at the same pathway: acquiring a law degree or juris doctor qualification from a university. After graduating, lawyers can choose to remain on the solicitor path or further their study to become a barrister.

Lawyers who opt to become solicitors need to complete practical legal training (PLT) at an accredited institution, then apply for a practising certificate through the law society of their state. They're then ready to work at a law firm, in-house, government agency or community legal centre. 

On the other hand, aspiring barristers must first pass the bar entrance exam, then complete an extra training course – usually called a reader's course or a bar practice course, depending on the state. They'll then have to work under an approved mentor barrister for 12 months as part of a readership program.

Where can a VU law degree take you?

Knowing the difference between a lawyer, solicitor and barrister is one thing. Seeing what a law career can actually look like in practice is another.

A man wearing a navy suit sitting down in a chair in an office, looking at the camera

John Garang Kon graduated from VU's Bachelor of Laws in 2018, was admitted as a lawyer in 2019, and has since built a career defined by advocacy for people who need it most. After starting out in private practice and moving through Victoria Legal Aid, he now works as a Community Lawyer at Brimbank Melton Community Legal Centre – serving some of Melbourne's most marginalised communities in Melbourne's west.

For John, VU wasn't just a place to learn legal theory. "My course at VU has equipped me with practical skills and real-world experience of the justice system," he says. "I was able to learn from reputable legal professionals, some of whom have sharpened my focus and inspired me to continue advocating for the marginalised members of our society."

That hands-on preparation translated directly into his day-to-day work. "VU has developed my critical and problem-solving skills, which is vital in dealing with my clients. I was engaged in legal research and this skill has assisted me in conducting insightful research before proceeding with clients' cases."

Perhaps what's most interesting is John's journey itself – pivoting from a career in medical science. "VU has nurtured my career from being a medical scientist to a distinguished lawyer," he reflects. "Through student placements and workshops, I was able to develop my employability and personal skills that now help in my career development."

It's a small reminder that a law degree isn't just for people who've always known they wanted to be lawyers. Sometimes, it's the beginning of a completely new chapter.

How to study law at VU

Whether you're coming straight from Year 12 or making a career change, there's a pathway into law at VU that fits where you are right now.

Just finished Year 12? Go for a Bachelor's Degree.

Already hold a degree in another discipline? Opt for a graduate entry law degree.

What if I want to explore different options?

Not sure if a law career is for you? There are a few ways to test the waters before you commit.

Opt for a double degree

Combining law with another discipline is a great idea. VU offers double degrees pairing law with arts, business or criminology – these can help widen your career options when you graduate.

Complete a Diploma of Paralegal Services

At VU, you can easily pathway from TAFE to a degree. The Diploma of Paralegal Services is designed to build you a solid foundation to work in settings that specialise in law and legal regulations. 

You'll spend six months deepening your knowledge in the legal sector, boosting your career opportunities. And if you feel like law is your calling after finishing your diploma, you'll have a guaranteed spot into the Bachelor of Laws at VU.

Complete a Graduate Diploma in Migration Law

If you want to make a real difference in your community and build your career at the same time, becoming a migration agent could be the perfect place to start.

VU offers Australia's longest-running Graduate Diploma in Migration Law, with decades of experience preparing students for a career in migration law.

You'll learn essential skills like submission writing, legal research and drafting, and you'll be fully equipped to work in the migration space as a legal practitioner, HR specialist or government worker. Plus, this graduate diploma only takes one year to complete.