In terms of the Legal Practice Act of 2014, an advocate 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 advocate. The abovementioned legislation sets out various requirements that must be met before an individual can become and practice as an advocate.
The requirements which must be met are as follows:
- Obtain an LLB degree from a recognised university.
- Complete Practical Vocation Training for a period of 12 months, which is known as serving your pupillage.
- Pass the prescribed Competency-Based Examinations.
- Be deemed a fit and proper person by a court.
- Enroll with the Legal Practice Council.
An admitted and enrolled advocate provides a variety of services, including:
Advising Clients: It is important to note that an advocate’s client is an attorney. Attorneys, after consulting with a member of the public, determine whether the services of an advocate are necessary. In complex litigation cases, an attorney will ‘brief’ an advocate who will then assist by drafting complex documents, representing the client in court, and presenting complex and specialised oral arguments to the court. There is an exception to this point of departure, that being in the case of trust advocates, who can interact directly with members of the public.
Presenting Specialised Oral Arguments: As mentioned above, in complex matters, the best person for the job is an advocate. The reason for this is that during their pupillage, they receive advanced training on advocacy and argumentation. Advocates specialise in considering evidence, developing a litigation and argumentation strategy, and carrying out that strategy when presenting oral arguments to the court.
Representing you: Your right to legal representation includes the right to have any legal practitioner represent you in court. Since an advocate is defined as a legal practitioner by the Legal Practice Act you are entitled to have an advocate represent you in court. This is often only necessary when litigating in the High Court, Supreme Court of Appeal, and the Constitutional Court, as these courts hear very complex matters. However, an advocate can represent their client at the Magistrate’s courts.
In summary, the main differences between attorneys and advocates are as follows:
- Attorneys are client-facing and deal with members of the public while advocates are briefed by attorneys and do not generally interact with members of the public.
- There is only one type of attorney, but the Legal Practice Act makes provision for two types of advocates. In terms of Section 32 of the Act, there are trust advocates who can interact with members of the public directly without an attorney acting as an intermediary. The only difference between ‘normal’ advocates and trust advocates is that trust advocates are required to have a Fidelity Fund Certificate.
- Attorneys are well equipped to engage in Magistrates’ Court litigation while advocates generally only appear in the High Court, Supreme Court of Appeal, and Constitutional Court. Another difference to note here is that an admitted and enrolled advocate automatically has the right to appear before the above-mentioned courts, while an attorney must apply for that right.
- The cost of appointing an attorney versus appointing an advocate is another important difference. Advocates are considered litigation specialists and, as such, charge much higher fees than attorneys.
Finally, the main similarities between attorneys and advocates are:
- They are both legal practitioners.
- They can both represent you in court.
- They can both draft documents necessary for court proceedings.
- They can both give legal advice.
Understanding the above differences and similarities allows individuals to engage with legal practitioners with a deeper understanding of their roles, abilities, and specialties.
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