Balancing Justice and Reputation: The Unfair Stigma of Lawyers

In our modern society, the legal world fascinates us. Whether this interest is materialised through enjoying true crime, politics or niche areas such as AI regulation, the law is always involved. Indeed, it is everywhere in our lives and for good reasons: a lawless state would be the death of safety and peace. However, those who navigate and safeguard it, lawyers, are usually portrayed as bloodthirsty "Devil’s advocates", as opposed to be seen as “good samaritans” preserving our democracy. We will see that, while neither is true, their bad reputation can be deemed unfair. But first, let’s dive into what lawyers are.

In the English and Welsh legal system, which operates under common law, career paths tend to be more specific compared to civil law systems. For example, in France, individuals can become judges or prosecutors without needing to first practice as lawyers for several years, unlike in the British system. While it would be an oversimplification to say that law graduates can only become barristers or solicitors, these two professions are the most prominent, so they will be the focus of our article.

What does a Solicitor do?

Starting with the role that typically begins the journey, let’s dive into who solicitors are and what they do. Solicitors act as legal advisors, responsible for drafting documents and representing clients, but this is not usually the position first-year law students dream of. However, as time passes and priorities shift, the prospect of becoming a qualified solicitor in the city becomes more appealing to some.

Solicitors can either work 'in-house,' meaning within a company’s legal department, or for a private practice, a law firm—the most common option, offering stability. While only a quarter of solicitors work in-house, the willingness to train and hire is currently increasing. Some also work for the Crown Prosecution Service (CPS) or with barristers as a self-employed solicitor, in areas like criminal or tort law. Salaries depend heavily on the type of practice aspiring solicitors choose. Regarding private practices, salaries, which are already attractive, are rising as commercial law firms compete to offer the most enticing positions to trainees and newly qualified solicitors. Perks such as on-site gyms and well-being support also add extra appeal. Plus, most firms pride themselves in paying attention to diversity, equality and inclusion to ensure that employees from all backgrounds and identities have equal access to opportunities and feel supported.

Interestingly, non-law graduates now make up half of many firms’ trainee cohorts. With the rise of AI and the need for renewable energy, firms are increasingly looking for candidates with STEM backgrounds. Firms sponsor their trainees’ conversion to a law degree through the Postgraduate Diploma in Law (PGDL). Some law firms also provide funding for the Solicitors Qualifying Examination (SQE) or other qualifications you might need such as Higher Rights of Audience (HRA). While there are many benefits to becoming a solicitor, competition for vacation schemes and training contracts is fierce. Those aiming to work in private practice may face slightly less competition but might struggle to find work during the practical stage of the SQE or as a newly qualified solicitor. In-house positions are rarer, though similar in terms of perks.

To enjoy the role of solicitor, certain qualities are essential. You need to be comfortable working in an office and collaborating with others under a hierarchical structure. A love for reading and writing with close attention to detail is also important, as these tasks make up much of the work. Critical thinking and problem-solving skills are crucial, and firms assess these when selecting candidates for vacation schemes and trainee contracts. While solicitors must be able to inspire trust and persuade, unlike barristers, they do not usually appear in court unless they obtain Higher Rights of Audience, which qualifies them as Solicitor Advocates.

What about Barristers?

Barristers represent the other side of the legal profession: while solicitors draft, analyse, and negotiate, barristers plead, prosecute, or defend in court. Like solicitors, a degree is required, though it does not necessarily have to be in law. However, aspiring barristers with non-law degrees must complete a PGDL as well to qualify. Barristers can work in the 'employed bar' for the CPS or 'in-house,' but most are self-employed and operate out of Chambers.

Competition in this field is intense. After passing the Bar Practice Course (BPC), aspiring barristers must join one of the four Inns of Court to complete their pupillage. Pupil barristers often face low pay and demanding workloads, so determination is key to becoming fully qualified. In contrast to solicitors, of whom there are around 160,000 practising in the UK, there are only about 18,000 practising barristers. Despite the challenges, this career can be highly rewarding, with many opportunities for Pro Bono work (unpaid legal assistance for those in need) and increasingly complex and fascinating cases.

Barristers must be skilled orators and able to navigate complex legal concepts with ease. Critical thinking and problem-solving are essential, as are curiosity and a passion for a particular area of law since barristers tend to specialise early in their careers. Collaboration is also important—barristers often work alongside solicitors. In fact, before a rule change in 2004, barristers could not approach clients directly, and in areas like criminal and family law, this is still the case. However, being able to work independently is also crucial for aspiring barristers.

However, not everyone aspires to become a lawyer. In mainstream media, lawyers are often portrayed as sly, cunning, and opportunistic, or as powerful but immoral figures. This is especially true when the audience is meant to side with the police or when it is clear that the person they represent is guilty. As a result, professions rooted in democratic principles, such as the rule of law, are sometimes unfairly villainised. However, without barristers and their crucial independence, vulnerable members of society would face even greater injustice due to bias. In a free and democratic society, everyone deserves a proper defence, regardless of the crime they are accused of.

The Challenges

Understandably, not everyone wishes to make a career out of defending individuals accused of violent crimes and may feel reluctant to become a barrister, even if they enjoy navigating the law. If advocacy is still important, one might consider specialising in areas such as family or tort law, or becoming a solicitor instead. Without solicitors, the law would be far less accessible. Advising individuals or companies is a key part of their role, as is drafting documents and conducting interviews or investigations for those in need of such services. However, it is also true that Solicitors represent powerful companies, sometimes ensuring they face minimal consequences for their wrongdoings, though this applies to only a few areas of law. Plus, many fields, particularly non-contentious ones, are primarily advisory and involve transactions like mergers and acquisitions. Some solicitors working in Commercial Law focus on the Human Rights aspect of business or investigate possible white-collar crimes within a company at the demand of its Chief Executive Officer (CEO).

Despite their somewhat unflattering reputation, lawyers are not "Devil’s advocates." On the contrary, they play a vital role in our democracy, safeguarding its principles through their independence and legal expertise. Ensuring that legal principles are respected is paramount to protecting fairness, equality, and safety. While perfection has yet to be reached regarding these pillars of democracy, solicitors and barristers contribute to better our society by protecting the most vulnerable, through Pro bono work, or by advising companies on how to respect the law better.