Understanding the Different Legal Positions in Australia

The legal landscape in Australia can seem complex, with many different roles and titles that can be confusing to the general public.

From lawyers and barristers to magistrates and legal advisors, each position plays a critical role in the legal system.

At Morgan Clifford, we pride ourselves on having a team of highly skilled legal professionals, and understanding the distinctions between these roles can help you better navigate your legal journey.

Lawyer

In Australia, the term lawyer refers to any legal professional who has completed a law degree and been admitted to practice law.

In Queensland, lawyers are either solicitors or barristers. Some states however have “fused” the two professions and there is little or no distinction.

Lawyers provide:

• legal advice,
• prepare legal documents, and
• represent clients in various legal matters, including compensation claims, criminal defense, family law disputes, and more.

Lawyers can work in private practice, government, or corporate settings.

At Morgan Clifford, our team of lawyers is dedicated to helping clients navigate complex legal processes, particularly in the areas of compensation and migration law.

Our lawyers are skilled at managing cases from start to finish, offering personalised legal advice tailored to the specific needs of each client.

Whether you’re seeking compensation after an accident or dealing with visa complications, our lawyers are your first point of contact.

Solicitor

A solicitor is a type of lawyer who generally works outside of the courtroom.

They handle legal matters such as:

• preparing contracts,
• providing legal advice,
• conducting negotiations, and
• handling the administrative aspects of a case.

Solicitors are the ones you will most likely interact with if you need legal help, as they often manage the day-to-day aspects of a case.

At Morgan Clifford, our solicitors are experienced in handling a wide range of legal matters, including compensation claims, personal injury cases, and visa applications.

They are meticulous in preparing documents, gathering evidence, and providing you with practical legal advice. Our solicitors work closely with barristers when cases require courtroom representation.

Barrister

A barrister is another type of lawyer who focuses on courtroom advocacy, representing clients in legal proceedings before courts or tribunals. Barristers are sometimes referred to as “counsel”.

Barristers are usually engaged by solicitors to represent clients in more complex legal matters that require specific knowledge and experience , such as trials or hearings.

Barristers have the skills and experience to present evidence, argue legal points, and question witnesses effectively in court.

At Morgan Clifford, we work with highly skilled barristers who are experts in compensation and migration law. If your case requires a court appearance, we will ensure you have access to a top-tier barrister to advocate on your behalf and ensure the best possible outcome.

Magistrate

A magistrate is a judicial officer who presides over a lower court, typically handling less serious criminal offenses, civil disputes, and family law matters.

Magistrates do not have the same powers as judges but still play a crucial role in ensuring that justice is served. They listen to the evidence presented, make rulings, and hand down sentences or judgments based on the law.

Magistrates are not part of private law firms, like Morgan Clifford, as they are appointed by the government.

However, if your case is being heard in a lower court, our lawyers will present your case to the magistrate with professionalism and clarity, ensuring that your legal position is clearly articulated.

Judge

A judge is a senior legal official who presides over more serious legal cases in higher courts. Judges are responsible for ensuring that trials are conducted fairly, making rulings on legal issues, and handing down verdicts and sentences.

In civil matters, they determine whether the plaintiff or defendant has a valid claim and what compensation or penalty should be awarded.

While judges do not work for law firms, the legal team at Morgan Clifford is experienced in representing clients in higher courts, ensuring that cases are thoroughly prepared and expertly presented before a judge.