Geoffrey Caesar, Solicitor

You may have wondered where the term ‘solicitor’ comes from in English law and what it means. In this blog post, we will explore the origin and meaning of this word and the differences between solicitors and barristers in the UK.

The word ‘solicitor’ derives from the Latin verb ‘solicitare’, which means ‘to disturb, rouse, trouble, harass; stimulate, provoke’. The earliest sense of the word in English was ‘one who urges, a prime mover’ and ‘one who conducts matters on behalf of another’. This sense reflects the role of solicitors as legal agents who represent their clients in various matters, such as drafting contracts, giving advice, negotiating settlements, and preparing cases for court.

However, not all solicitors can appear in court. The legal profession is split between solicitors and barristers in England and Wales and some other jurisdictions that follow the common law tradition, such as Australia, Hong Kong, and South Africa.

Barristers are lawyers specialising in advocacy and litigation and have exclusive audience rights in higher courts. Solicitors are lawyers who deal with most legal matters outside of court and can only appear in lower courts unless they obtain higher audience rights.

The distinction between solicitors and barristers dates back to the medieval period when there were two types of courts: courts of law and courts of equity. Courts of law applied the common law, which was based on customs and precedents and could be rigid and harsh. Courts of equity applied principles of fairness and justice, which could sometimes override the common law. Solicitors were lawyers who practised in courts of equity, while barristers were lawyers who practised in courts of law.

Over time, the two types of courts merged, but the distinction between solicitors and barristers remained. Today, solicitors and barristers have different training paths, professional bodies, and codes of conduct. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and belong to the Law Society of England and Wales. Barristers are regulated by the Bar Standards Board (BSB) and belong to one of the four Inns of Court.

The term ‘solicitor’ has different meanings in other countries. For example, in Canada, Malaysia, New Zealand, Singapore, and some Australian states and territories, the legal profession is fused, meaning that lawyers can practice as solicitors and barristers. In these jurisdictions, lawyers are often called ‘barrister and solicitor’ or simply ‘lawyer’. In the United States, the term ‘solicitor’ is rarely used to refer to lawyers. Instead, it refers to some government officials who advise or represent public agencies or bodies.

In summary, the term ‘solicitor’ comes from a Latin word that means ‘to disturb or provoke’, originally referring to someone who conducts business on behalf of another. In English law, it refers to a type of lawyer who deals with most of the legal matters outside of court and is distinct from a barrister specialising in advocacy and litigation. The term ‘solicitor’ has different meanings in other countries with different legal systems or traditions.