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Solicitor

A lawyer that restricts his or her practice to the giving of legal advice and does not normally litigate.

In England and some other Commonwealth jurisdictions, a legal distinction is made between solicitors and barristers, the former with exclusive privileges of giving oral or written legal advice, and the latter with exclusive privileges of preparing and conducting litigation in the courts.

In other words, solicitors don’t appear in court on a client’s behalf and barristers don’t give legal advice to clients.

In England, barristers and solicitors work as a team: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for the duration of the litigation.

solicitor business cardLawyers in some states, such as Canada, sometimes use the title "barrister and solicitor" (see picture) even though, contrary to England, there is no legal distinction between the advising and litigating roles.

Canadian lawyers can litigate or give legal advice (as is the case in the USA, where lawyers are referred to as "attorneys").

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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