Are you wondering if you need a lawyer to defend you in court? I'm here to tell you that you do. People with legal representation get much better deals when they have their day in court - and you won't get a second chance if you don't get it right the first time. If you are feeling uncertain about representing yourself, on whether you need a lawyer or the best way to choose a lawyer my site has all the useful information and links you could need. Make sure you put you best foot forward when you are having your day in court.
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Traditionally barristers and solicitors had different roles in the legal system. Barristers appeared in court and worked on more complex legal matters. Solicitors acted in a more junior role and performed transactional style legal work in the lower courts. Barristers are members of a legal 'bar', but the exact role of that bar changes from state to start.
Over time the roles have become more intertwined in Australia, however the exact delineation differs between the states.
Northern Territory & Tasmania
The Northern Territory has traditionally acted under a fused system, where all lawyers performs the full range of legal tasks and there is no distinction of barrister and solictor, due to the small size of the local legal system. All lawyers can appear in all levels of court. More recently an independent bar has gained membership and now has 50 members, and these barristers only appear in complex matters.
Tasmania also has a small independent bar but primarily act as a fused profession due to the small size of legal practice in the region.
Western Australia & South Australia
Western Australia and South Australia operate under an fused model, with lawyers acting as barristers and solicitors and being able to appear before all levels of court. The State bar association acts as an independent advisory board, to support the practice of law in the region.
Victoria
Victoria operates a separate bar, but solicitors are able to appear before all levels of courts. In Victoria barristers are called on to provide specific advise for complex legal matter but are not required for court appearances.
Queensland & NSW
Queensland and NSW both operate under a separated system, where a solicitor will employ a barrister on behalf of their client if their client will be appearing in a higher court or needs specialist legal advice. The client will primarily interact with the solicitor who performs the administrative and client facing work, whilst the barrister appears in court and performs complex legal strategy and research.
ACT
In the ACT, any lawyers who wish to practice need to apply for membership of the ACT law society. Once they have membership they may call themselves a solicitor. A further exam based on the NSW bar exam and a 12 month training period is required before you can practice as a barrister.
In order to become a barrister, the lawyer must pass a bar exam and perform 12 months of 'reading' training under an experienced barrister. Barristers operate as independent practitioners but often band together into chambers to share operating expenses.
If you are unsure of which type of lawyer you require, you should initially visit a solicitor like Nikolovski Lawyers who can find you appropriate representation for your case.
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