If you have ever looked for legal help in Australia, you have probably seen terms like lawyer, solicitor, barrister and even attorney used interchangeably. But while they all describe legal professionals, there are important distinctions between them. Understanding these differences helps you know exactly who to contact and avoid confusion when comparing solicitor vs lawyer or barrister vs attorney.

This guide breaks down each role, explains how they fit into the Australian legal system, and clarifies the difference between a solicitor and an attorney and the difference between a solicitor and a lawyer.

What is a lawyer?

In Australia, the term lawyer is the broadest professional description. A lawyer is any person who has undertaken the required legal education and been admitted to practise, encompassing both solicitors and barristers.

Lawyers work across many settings, including private law firms, government departments and in-house legal teams within businesses. Their work can involve giving legal advice, drafting documents, negotiating outcomes and in some cases appearing in court.

In simple terms, ‘lawyer’ is the umbrella term that includes both solicitors and barristers. Every solicitor and every barrister is a lawyer.

What is a solicitor?

A solicitor is the type of lawyer most people deal with directly. In most cases, a solicitor is the first legal professional people deal with. They manage your matter from start to finish and guide you through each step.

Solicitors provide tailored legal advice based on your situation and goals. They prepare and review documents such as contracts, wills and affidavits, and they handle transactions like buying or selling property. Many solicitors also advise on family law issues (including divorce and custody), employment law and commercial matters. In lower courts, such as the Magistrates’ Court, solicitors can represent clients themselves.

If a case becomes more complex or needs to be heard in a higher court, your solicitor will usually brief a barrister. This is where the distinction between solicitors and barristers becomes clearer. The solicitor stays responsible for your case and communication, while the barrister focuses on courtroom advocacy.

What is a barrister?

A barrister is a lawyer who specialises in courtroom advocacy and legal argument. They are typically brought into a case by a solicitor when expert representation in higher courts is required.

Barristers spend most of their time representing clients in trials and hearings, providing specialist legal opinions, cross-examining witnesses and arguing cases before judges. Many barristers focus on specific areas of law, such as criminal cases, family disputes or commercial litigation.

In Australia, barristers usually do not deal with clients on an ongoing basis. Instead, they work closely with solicitors, who remain the main contact point for the client.

This structure is also why overseas comparisons, particularly involving the term ‘attorney’, can be misleading.

What is an attorney?

In Australia, attorney is not a standard professional title in the same sense as solicitor or barrister. Instead, the term generally appears in two contexts:

1. Power of Attorney: A legal document appointing someone to make decisions on your behalf. In this situation, the attorney is not necessarily a lawyer at all. It could be a trusted family member or friend.
2. Imported US/overseas usage: In the United States, ‘attorney’ refers to anyone who practices law, similar to what Australians call a ‘lawyer’.

So, if you’re wondering about the difference between a solicitor and an attorney, the answer is, in Australia an attorney is not a separate type of legal professional. The correct  local terms are solicitor and barrister.

Barrister and solicitor vs lawyer: The Australian system

Australia operates a mix of legal structures depending on the state or territory. In some places, the profession is split, while in others it is fused.

• Split jurisdictions (including NSW, QLD): Solicitors and barristers are distinct roles. Barristers practise independently and are not part of law firms.
• Fused jurisdictions (including VIC, WA, SA, TAS): Lawyers can act as both solicitors and barristers, although many still choose to specialise in one area.

This matters because, depending on your state, your legal matter may be handled by one professional or shared between a solicitor and a barrister.

Solicitor vs barrister: Which do you need?

For most legal issues including contracts, property, wills and family disputes, you’ll start with a solicitor. They are equipped to give advice, manage paperwork and guide you through the process. If your matter requires court representation at a higher level, your solicitor will engage a barrister on your behalf.

Here’s a practical way to understand how each role fits together:

So when you’re thinking solicitor vs lawyer, remember that a solicitor is a lawyer, but with a specific client-facing role.

Common scenarios: Who to contact?

• If you are buying or selling property, a solicitor is the right choice as they handle conveyancing, contracts and settlement.
• When writing a will, a solicitor ensures it is valid and reflects your wishes clearly.
• For divorce or custody matters, you would usually begin with a family law solicitor, who may later brief a barrister if court proceedings are required.
• In serious criminal matters, a solicitor will coordinate your defence and work with a barrister for courtroom representation.

Final thoughts

While these terms are often used interchangeably, they describe different roles within the Australian legal system. Knowing the difference helps you seek the right type of legal support from the outset. 

• A lawyer is anyone qualified to practise law. 
• A solicitor works directly with clients, giving advice and handling documents. A barrister specialises in court advocacy. 
• An attorney is mainly a term used overseas or in relation to a Power of Attorney.

When deciding between solicitor vs lawyer, focus less on the title and more on finding the professional with the right expertise for your situation.

If you are ready to get started, Bark makes it easy to compare experienced solicitors and barristers near you and get tailored legal support with confidence.