After admission to practice, on completing your Supervised Workplace Training (SWT) or your practical legal training (PLT), you can choose to work as a solicitor or become a member of the Bar (barrister).
Solicitors
A solicitor is usually the first point of contact for a person seeking legal advice and assistance. Common responsibilities are:
- Drafting documents including wills, contracts and conveyancing
- Providing legal advice for the growth of business
- Resolving legal disputes
- Advising clients facing criminal charges or involved in a lawsuit
Solicitors generally start work as Trainees, PLTs or employee solicitors and, with experience, move to an associate then senior associate role. After a number of years the solicitor may be asked to become one of the firm's partners. This involves greater responsibility, increased status and income, greater influence in the running of the firm and training of younger solicitors.
Barristers
Barristers generally receive work, by referral, from solicitors and represent clients in court. They have a sound knowledge of the rules of evidence and court procedure and are able to determine the appropriate strategy and arguments to be presented in court. In court they are able to:
- Question witnesses and "lead" evidence and cross-examine witnesses called by the other side
- Make submissions on points of law during the course of a trial
- Negotiate settlements to discontinue legal proceedings.
To become a barrister you must:
- Gain admission to practise law as a solicitor
- Undertake a nine-month "reading" period assigned to a barrister with at least ten years experience:
- Months 1-3: "readers" course giving practical instruction to prospective barristers
- After 3 months: sign the Bar Roll
- During the following six months you can accept briefs and present cases on behalf of clients.
Once the Bar Roll has been signed you may only work as a barrister, until you decide on leaving the Bar to return to work as a solicitor.
More information can be found at the Victorian Bar website.
In the court system
There are basically two types of courts: state and federal. Each has their own jurisdiction. Within the state law there are generally four types of courts:
- Magistrates' Court
- County Court
- Supreme Court
- Civil and Administrative Tribunal
More information: Victorian Court system
Roles in the court system
Judge's Associate
Sits in court with the judge and helps:
- prepare and maintain paperwork on the performance of the judge or master
- schedule and co-ordinate hearings
- arrange trial dates
- liaise with other sections of the court, the profession and the public
Magistrate
A type of judge who is appointed to hear cases at the Magistrates’ Court . A magistrate can make decisions about disputes and enforce those decisions.
Registrar
Criminal Appeals
The registrar works with legal parties to prepare an appeal for hearing before a judge of the Court of Appeal. They hear and determine various applications relating to an appeal.
Court of Appeal
The registrar is responsible for the Registry of the Court;
- liaison with the President
- contact with other judges
- all matters in the civil jurisdiction of the Court
Support staff
Any staff that may or may not have a legal background that assist in preparation of legal documents or investigative work. This includes: Legal Assistant; Law Clerk and Legal Executive.
More information: Legal Executives website
Non-legal professionals
The larger the firm the more specialised they are with the discipline of law. Due to the number of staff and the need to remain competitive they also offer specialised positions in the fields of marketing, HR and information management.