When South Africans face legal issues, one of the most common questions is “What is the difference between an attorney and an advocate?”
Understanding these differences will help you make an informed decision when choosing legal representation.
Although both are legal professionals, their training, responsibilities, and the way they engage with clients and the courts differ significantly.
What is an Attorney in South Africa?
An attorney is usually the first point of contact when you need legal assistance. Attorneys provide a wide range of services, including:
- Offering legal advice and guidance.
- Drafting and managing contracts, wills, or property transfers.
- Representing clients in Magistrates’ Courts and some High Court matters.
- Managing client relationships directly and handling trust accounts.
To qualify as an attorney, one must complete an LLB degree, serve two years of articles under a practicing attorney (or one year if combined with practical legal training), and pass the Attorneys’ Admission Examinations. Attorneys are admitted by the High Court and must also comply with the Legal Practice Act of 2014.
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What is an Advocate in South Africa?
An advocate is a legal specialist who focuses on courtroom advocacy and litigation. Advocates are experts in presenting cases before judges, cross-examining witnesses, and developing complex legal arguments. Unlike attorneys, advocates usually do not work directly with clients. Instead, they are briefed by attorneys when a matter requires expert courtroom representation.
To qualify as an advocate, one must also complete an LLB degree, undergo a year of pupillage under an experienced advocate, combined with structured coursework and pass the National Bar Examination before being admitted to the High Court’s roll of Advocates.
Key Difference Between Attorney and Advocate
While attorneys and advocates often collaborate, their roles differ in meaningful ways:
Aspect | Attorney | Advocate |
Client Contact | Works directly with clients, offering advice and legal management. | Usually engaged through attorneys; limited direct client interaction. |
Court Work | Represents clients mainly in lower courts; briefs advocates for higher court matters. | Specialises in courtroom litigation, with rights of appearance in all courts. |
Training | Articles of Clerkship + Admission Exams. | Pupillage + National Bar Exam. |
Specialisation | Broad legal services (family, commercial, property, etc.). | Litigation-focused (criminal, civil, commercial). |
In short, attorneys manage client relationships and broad legal services, while advocates focus on high-level courtroom advocacy.
When Should You Use an Attorney vs an Advocate?
- When to use an Attorney:
- Seeking initial legal advice.
- Drafting contracts, wills, or property documents.
- Handling family law, labour law, or commercial disputes.
- Day-to-day legal matters that may not reach trial.
- Seeking initial legal advice.
- When to use an Advocate:
- Facing serious criminal charges.
- Complex High Court litigation.
- Needing a specialist in trial preparation and court argument.
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Conclusion
The difference between attorney and advocate in South African law lies in their roles: attorneys are your first point of contact, providing broad legal services and managing your case, while advocates are litigation specialists who step in when expert courtroom representation is required.
By understanding this distinction, you can make the right choice for your situation, whether that means consulting an attorney for everyday legal needs or relying on an advocate for complex trial proceedings.
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If you are uncertain whether your matter requires an attorney, an advocate, or both, contact VHT Attorneys for guidance tailored to your needs.
Jarod Goliath
Candidate Legal Practitioner
WHO ARE WE AT VHT
VHT Attorneys is a boutique law firm with a large vision. We provide innovative legal solutions with a renowned standard of integrity and confidentiality.
We help our clients:
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