Legal Definitions - legal practitioner

A legal practitioner is a term used to describe a lawyer or a member of one of the recognized branches of practice in the traditional English system.

In the English system, legal practitioners can be:

• Barristers
• Special pleaders not at the bar
• Certified conveyancers
• Solicitors

For the first three types of legal practitioners, they are allowed to recover their fees. However, barristers cannot recover their fees as their acting is deemed voluntary, and their fees are considered honorary payments. This means that no action can be taken against them for negligence or unskilfulness.

For example, if a person hires a solicitor to represent them in a legal matter, the solicitor is considered a legal practitioner. The solicitor can recover their fees for their services. However, if a person hires a barrister, the barrister cannot recover their fees, and their acting is considered voluntary.