The Role of Solicitors
- teachlawhub
- 9 hours ago
- 5 min read
In the UK legal system, a solicitor is a type of lawyer who provides expert legal advice and support to clients. Solicitors often work directly with individuals, businesses, or organisations to handle legal matters, prepare documents, and offer guidance upon the law. They can also represent clients in criminal cases in the lower courts, and with additional qualifications, they can represent clients in higher courts too. Solicitors play a key role in ensuring that people’s legal rights are protected and that cases are prepared and managed correctly.
When most people think of lawyers, they often imagine someone in a courtroom arguing passionately in front of a judge and jury. In reality, the role of a solicitor is much broader and varied. Currently, there are over 170,000 solicitors practising in England and Wales, some of these solicitors will work in private firms and the rest employed by organisations such as local government, the Crown Prosecution Service (CPS), or businesses. All solicitors are represented by their professional body, the Law Society.
What do solicitors do?
Once qualified, many solicitors work in private practice, although some may work for government departments or local authorities. Most solicitors specialise in one area of law for example, family, criminal, commercial, or property law. Some firms are highly specialised, while larger firms often employ solicitors with expertise in different areas of law. Salaries vary greatly, from around £30,000 at entry level to as high as £500,000 and higher for senior solicitors in elite firms.
The work of a solicitor is extremely varied. It can include interviewing clients, negotiating on their behalf, drafting documents such as contracts or wills, writing letters, and managing legal paperwork. Some solicitors are responsible for conveyancing, which is the legal process of buying and selling property. Solicitors also have the automatic right to represent clients in the Magistrates Court as advocates, where they will represent their client in court. To advocate means that the solicitor will stand up in court representing their client and arguing their case. However, to appear in higher courts such as the Crown Court, they must first gain a Certificate in Advocacy, which grants them higher rights of audience.
In addition, solicitors with significant advocacy experience can apply to become King’s Counsel, and some may also be appointed to judicial roles such as District Judges.
Let’s take a look at the role of solicitors within criminal cases:
The Role of Solicitors in Criminal Cases
A solicitor’s role in criminal cases is particularly important and can be divided into two main areas: defence work and prosecution work (through the CPS).
Defence Solicitors
The main role of a defence solicitor is to work with the defendant to ensure their rights are upheld and that they receive a fair trial. Their ultimate aim is to secure the best possible outcome for their client, which may be a not guilty verdict or a reduced/fair sentence.
At the police station, the solicitor is often the first point of contact for a client who has been arrested and detained. Here, the solicitor provides confidential legal advice, ensures that their client understands the process, and protects their rights during police interviews. This stage is crucial, as decisions made at the police station can have a major impact on the progress of the case.
In the Magistrates Court, solicitors have automatic rights of audience, this means that they can advocate, here they will stand up and represent their client in court without needing any further qualifications. Here the solicitor will have to prepare the case before court and then advocate on behalf of the client when in court. Before the case is heard, they will meet with their client, manage the case, organise paperwork, and make sure witnesses and evidence are ready. Once in court, they act as advocates, representing the defendant before the magistrates. This involves presenting the defence case, questioning defence witnesses, cross-examining the prosecution’s witnesses, and making both opening and closing speeches to persuade the magistrates of their client’s position. Since all solicitors automatically have the right to appear in Magistrates Court, this is often where they gain valuable advocacy experience early in their careers.
In the Crown Court, the solicitor’s role becomes even more significant, though it depends on whether or not they hold higher rights of audience. Solicitors can advocate for their client in Crown Court, but this is not an automatic right, to do this they must have a certificate in advocacy and hold higher rights in audience. Before the Crown Court trial, solicitors meet with the client to give advice, prepare them for what to expect, and manage the extensive paperwork and evidence needed for the case. They may also organise defence witnesses and ensure everything is in place for trial. If the solicitor has higher rights of audience, they can advocate and present the case directly to the judge and jury, carrying out the same duties as a barrister. This includes delivering opening speeches, presenting evidence, questioning and cross-examining witnesses, and giving a final closing speech to the jury. However, if the solicitor does not hold these rights, they will assist the barrister. If they do not have higher rights of audience, they must instruct a barrister to represent the client at trial. Even then, the solicitor continues to play a vital role by preparing the case brief and notes, maintaining regular contact with the client, and assisting the barrister in court. In either role, the solicitor ensures that the client’s case is thoroughly prepared and fairly presented.
Solicitors in the Crown Prosecution Service (CPS)
Not all solicitors work on the defence side; many are employed by the Crown Prosecution Service, where they represent the State in criminal proceedings. At the police station, CPS solicitors advise officers on whether there is enough evidence to charge a suspect and whether additional evidence needs to be collected. In the Magistrates Court, they represent the prosecution by presenting the case against the defendant, calling and questioning witnesses, and ensuring that the evidence is put clearly before the magistrates.
When cases move to the Crown Court, CPS solicitors usually instruct a barrister to represent the prosecution at trial. However, their involvement does not stop there. They are responsible for preparing case files and briefs, liaising with witnesses, and assisting barristers in court. This behind the scenes work is essential in ensuring that the prosecution is presented in a professional and well organised way.
Why This Matters for Law Students
Understanding the role of solicitors is essential for students learning about the English legal system. Whether working for the defence or the prosecution, solicitors are key to ensuring fairness, protecting rights, and upholding justice. Their responsibilities range from paperwork and preparation to courtroom advocacy, making their role both varied and vital.
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