What do lawyers actually do?
Overview:
In Victoria, the legal profession is divided between solicitors and barristers, each with their own roles and responsibilities.
Solicitors are often the first point of contact for individuals or businesses seeking legal help. Their work is broad and often includes:
Advising clients on a wide range of legal matters
Drafting and preparing legal documents such as contracts and agreements
Negotiating settlements and handling transactions
Representing clients in lower courts
Briefing barristers when a case requires
Solicitors typically work in law firms but can also be found in government or community legal centres. Some solicitors choose to specialise in a particular area or law and can even become accredited specialists through the Law Institute of Victoria. This accreditation is highly regarded and significantly enhances a lawyer’s career prospects and their clients' trust.
Barristers, on the other hand, are legal professionals who specialise in courtroom advocacy and provide specialised legal opinions. Their main responsibilities include:
Representing clients in higher courts such as the Supreme and Federal Courts
Presenting legal arguments and cross-examining witnesses
Providing expert advice on complex legal issues
Working independently (self-employed), usually from shared offices known as “chambers”
Barristers are generally not approached directly by clients, instead they are engaged by solicitors. This independence allows for unbiased advice and representation.
Pathway to Practice:
To become a solicitor in Victoria, you must complete a law degree, undertake practical legal training, and be admitted to practice by the Supreme Court of Victoria. Once admitted, you can immediately work as a solicitor
To become a barrister, you must first be admitted as a lawyer, then pass the Victorian Bar Entrance Examination, complete the Bar’s Readers’ Course, and work under the supervision of an experienced barrister for up to 12 months before you can practice independently as a barrister.
Specialisations:
The legal profession in Victoria offers a wide range of specialisations, allowing lawyers to tailor their careers to their interests and strengths. Some of the main areas include:
Corporate Law: Advising businesses on transactions, mergers, contracts, and regulatory compliance. This field is in high demand and can lead to roles in top law firms or as in-house counsel for corporations
Criminal Law: Defending or prosecuting individuals accused of crimes, ranging from theft and assault to complex fraud cases.
Family Law: Handling sensitive matters such as divorce, child custody, property settlements, and family violence. This area requires not only legal expertise but also empathy and negotiation skills.
Intellectual Property Law: Protecting creations of the mind, including inventions, trademarks, and copyrights.
Tax Law: Advising on state and federal taxation, helping individuals and businesses navigate complex tax regulations.
Employment Law: Focusing on workplace disputes, employee rights, and compliance with employment legislation. This area is dynamic and increasingly important as workplace laws evolve
Environmental Law: Regulating activities that affect the environment, such as land development, pollution, and conservation efforts.
Health Law: Governing the provision of health services, patient rights, and medical negligence issues.
Property and Construction Law: Advising on real estate transactions, development approvals, and construction disputes, especially relevant in Victoria’s growing urban landscape
Human Rights Law: Protecting individual rights and freedoms, often involving work with vulnerable communities or international law