One Lawyer, Two Clients: Barrister-Led or Solicitor-Led?

Quick Answer: In a barrister-led service, the joint advice you both receive comes from a barrister: a specialist in expert legal advice and representing clients in court. That matters because at the heart of a one lawyer divorce is advice on what a court would be likely to decide. At The Divorce Surgery, a barrister carefully matched to your case gives you that advice together, with a shared solicitor supporting you both. ^[1,4]

Our article on one lawyer divorce explains how sharing a lawyer works, and why and when it is suitable. This article covers the next decision: whether to choose a barrister or solicitor for the divorce advice you share, and why The Divorce Surgery puts a barrister at the centre of it.

In a solicitor-led service, a solicitor gives you both the joint advice. In a barrister-led service, a barrister does. The Divorce Surgery pioneered One Couple One Lawyer in 2017, and we were the first regulated firm to offer it. ^[1,7] From the start, our firm has been built around one expert and impartial barrister advising a couple together. ^[6]

What is the difference between a barrister and a solicitor?

Barristers and solicitors are both lawyers, but they are regulated separately and their roles differ. The Bar Standards Board’s own guidance says the difference between what each does has become less obvious in recent years, although some distinctions remain. ^[4] The main ones are set out below. ^[1,4,5]

Why does barrister-led advice matter when you share one lawyer?

When you share a lawyer, the advice you receive together shapes what follows. Your barrister tells you both what a court would be likely to consider fair, so you can reach agreement without going anywhere near a court. ^[1]

Representing clients in court is one of a barrister’s core specialisms. ^[4] Our barristers are in court daily, seeing what judges do in cases just like yours. ^[3] So when your barrister tells you what a court considers fair, that advice is coming from someone who sees first-hand how judges decide cases.

It is also important to recognise that when you share a lawyer you hear the same advice at the same time. You hear it together. This means that there is no difference of opinion between lawyers on opposing sides, which can make settling cases much harder. Your barrister gives you both one clear, legally sound answer, which is completely impartial. ^[1]

How does barrister-led advice work at The Divorce Surgery?

At The Divorce Surgery, you share legal expertise and in fact you have access both to a barrister and also to a solicitor. In summary, your solicitor supports you through the task of completing your financial disclosure, and then your barrister then tells you both what a court would consider fair, followed up by detailed written advice. ^[1]

Our barristers are drawn from across the country’s top family law chambers. We match every case to the barrister it needs, from cost-effective juniors to the most experienced KCs, including Deputy High Court judges. ^[1]

Our solicitors are highly experienced and will be on hand to answer your questions and to provide advice and guidance throughout your time with The Divorce Surgery. If you have children, a separate solicitor handles our Co-parenting service, so each part of your separation gets focused attention. ^[1,2]

The Divorce Surgery is regulated by the Bar Standards Board (Entity Reference Number 169619), with professional indemnity insurance and a route to the Legal Ombudsman if anything goes wrong. ^[1]

Most couples settle after the Advice Session: 90% reach agreement at this stage. ^[1] If you need just a bit more help to reach a full settlement, we will be more than happy to refer you to our trusted network of professional advisers.You can follow the full process, step by step, in our guide to resolving your finances.

Is barrister-led advice only for complex or high-value cases?

Certainly not. We help couples from a wide range of financial circumstances, from modest to ultra-high-net-worth cases. ^[3] Your fixed fee reflects the complexity of your situation, not your wealth: two couples with very different bank balances but similarly straightforward situations will receive a similar quote. ^[1]

What should you ask before choosing a one lawyer service?

These questions are worth asking any provider. Here is how we answer them at The Divorce Surgery:

• Who will give the joint advice? A barrister drawn from a top family law chambers and matched to your case, from cost-effective juniors to the most experienced KCs. ^[1]
• How close are they to the courtroom? Our barristers are in court on a daily basis, seeing what judges do in cases like yours. ^[3]
• Who regulates them? The Bar Standards Board, with professional indemnity insurance and a route to the Legal Ombudsman. ^[1]
• How are fees calculated? Fixed fees, agreed before you commit, based on the complexity of your situation rather than your net worth. ^[1]
• What happens after the advice? 90% of couples reach agreement after their Advice Session, and if you like we can turn your agreement into a legally binding court order and handle the paperwork. ^[1]

Can specialists be brought in? Yes. We identify suitable independent experts where your case would benefit and where necessary, such as for a pension sharing report or business valuation. ^[2]

Talk to us about barrister-led joint advice

Book a 15-min, free call with a non-lawyer

Book a 45-min, £100 call with a lawyer

If you would like your joint advice to come from a barrister, start with the conversation that suits you: a free call with a non-lawyer about how our service works, or an individual Introductory Session with a lawyer.