When faced with a legal issue or dispute many individuals want to know and understand the difference between an attorney and an advocate. This curiosity is understandable as it may seem like they do the same work. While there are some similarities between these legal practitioners there are also substantial differences.
This article will discuss the roles and responsibilities of an attorney and the next article will focus on advocates.
Attorneys:
In terms of the Legal Practice Act of 2014, an attorney is “a legal practitioner who is admitted and enrolled as such under this Act”. This means that a person with an LLB degree first needs to be admitted and enrolled before they are considered and allowed to practice as an attorney. The abovementioned legislation sets out a variety of requirements that must be met before they can become an attorney and practice as such.
The requirements which must be met are as follows:
- Obtain an LLB degree from a recognised university.
- Complete a Practical Vocation Training Contract. This is commonly referred to as serving your articles.
- Pass the prescribed board exams on court procedure, wills and estates, ethics, and bookkeeping.
- Be deemed a fit and proper person by a court.
- Satisfy requirements of the Legal Practice Act 28 of 2014. One of the most important requirements set out in this legislation requires attorneys to obtain a Fidelity Fund Certificate which signifies that you are eligible to handle a client’s money in a trust capacity.
An admitted and enrolled attorney is allowed to provide a variety of services, including but not limited to:
- Advising clients: It is important to note that in this context a client is a member of the public. This is often in the form of a legal opinion, but you may also receive advice from your attorney verbally in a consultation or via email.
- Draft documents: Attorneys are responsible for drafting certain legal documents called pleadings. This includes documents commencing an action or an application. Once these documents have been drafted the attorney will attend to having these documents properly filed in court.
- Representing you: Everyone in South Africa, according to our Constitution, has the right to legal representation. This is not only true in criminal courts but in civil courts as well. Therefore, if you are ever to appear before a South African court you will be given the option to have an attorney represent you. Most often attorneys represent their clients at the Magistrate’s courts.
- Research: Attorneys often have access to specialised research platforms that allow them to find answers to your complex legal questions or issues. This role of an attorney is closely linked to “advising clients”.
- Dispute resolution: Attorneys are able to resolve your legal disputes outside of court. There are several alternative dispute resolution mechanisms, such as mediation or arbitration, that an attorney can assist you with so as to avoid the courtroom.
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.