Question

You have received the following email from Awhi: Good Morning, Can you clarify something for me. I am a bit confused as to the differences between a 'barrister and solicitor' and a 'barrister'. To add to my confusion I have seen on some correspondence the reference, 'lawyer'. Is this different to the above two roles? As always, your help would be welcome. Nga mihi Awhi

REQUIRED:

a) Draft a reply in response to Awhi's email. It must include an explanation of what is required for a person to be qualified as a solicitor or barrister. Provide three aspects of their respective roles that distinguishes them from each other. [

b) Explain whether the term 'lawyer' is different to these two roles. Include in your reply the relevant statutory reference (NZ)

Answer 1

In New Zealand, both barristers and solicitors are qualified lawyers, but they have different roles. Barristers specialize in court advocacy and litigation, while solicitors handle a range of legal matters, often outside of court. The term 'lawyer' encompasses both professions as described in the Lawyers and Conveyancers Act 2006.

Step-by-step explanation:

Good Morning Awhi,

Thank you for your question regarding the difference between a barrister and solicitor, a barrister, and the term lawyer.

Qualifications

In New Zealand, both barristers and solicitors are types of lawyers who have completed a law degree and passed the necessary examinations. Additionally, they must have been admitted to the bar. A practicing certificate is also required, which is obtained after completing a Professional Legal Studies Course and gaining legal experience.

Differences between Barristers and Solicitors

• Barristers generally specialize in courtroom advocacy and litigation. They provide specialist legal advice and represent individuals or entities in court.
• Solicitors, on the other hand, often work with clients on a variety of legal matters outside of court, such as drafting legal documents, providing legal advice, and managing client relationships.
• While solicitors can represent clients in lower courts, a barrister is often called in for more complex litigation and for representation in higher courts.

Lawyer

The term 'lawyer' is an overarching term used to describe anyone who is professionally qualified to give legal advice or represent a client in legal matters. This includes both solicitors and barristers. According to the Lawyers and Conveyancers Act 2006 of New Zealand, 'lawyer' is the official term used to refer to individuals qualified to practice law.