The we in question are litigation or, as we now like to be called, dispute resolution solicitors. When I am not directing the affairs of Unity Legal Solutions, I am a consultant to a firm of solicitors who class me as a commercial litigation solicitor.
The question would be redundant for a conveyancer ( or “real estate lawyer”) and it would be redundant for a corporate or commercial lawyer. The former deals in property and the latter advises companies or does corporate deals or negotiates contracts.
You could say that a litigation lawyer advises clients about disputes and/or represents them in court cases. Except in many cases all that the solicitor does is act as a post box and carry out clerical tasks. This is because they have handed over the law bits to a barrister. Now, the merit of the divided profession is that barristers are specifically trained to put the client’s case to the court and to prepare pleadings. They should be involved in the preparation for trial because they know what they need to give the best presentation of the client’s case to the court.
However, too often, they are involved in drafting witness statements and correspondence s that the solicitor is reduced to the provider of the firm’s notepaper or email address. The client will be charged for the barrister’s drafting skills and the solicitor’s time.
I did not come into the legal profession to waste all the knowledge I had of the law neither do I want to waste decades of experience as a litigator by being second best in the legal team and to act as a clerk.
Of course, the best solicitors will take a grip on a case and work closely with the barrister, deferring to the latter as appropriate.
