The Differences Between an Advocate and an Attorney

Embarking on a legal career in South Africa opens a world of opportunities and specialisations. If you’re considering pursuing a career in the legal field, you may wonder whether you should become an advocate or an attorney. While both professions play critical roles within the legal system, they have distinct functions, responsibilities, and career trajectories. At Clynton Steven Poole Attorneys, we believe in guiding aspiring legal professionals through these important decisions.

Understanding the Roles

Advocates

Advocates, often referred to as barristers in other jurisdictions, are specialists in court appearances and litigation. They are members of the Bar and typically work independently, often receiving instructions from attorneys rather than clients directly. Advocates are known for their expertise in presenting cases in court, cross-examining witnesses, and making legal arguments. Their work primarily revolves around courtroom advocacy and providing specialised legal opinions.

Key Responsibilities of an Advocate:

• Representing clients in court, particularly in complex legal matters.
• Providing expert legal opinions on intricate points of law.
• Drafting legal documents and pleadings.
• Engaging in high-level advocacy, including appellate work.

Attorneys

Attorneys, akin to solicitors in other legal systems, provide a broad range of legal services directly to clients. They are involved in various aspects of legal practice, from offering legal advice and drafting contracts to handling conveyancing and estate planning. Attorneys can appear in lower courts and may qualify to represent clients in higher courts with the necessary accreditation. They often work within law firms and build close client relationships, managing cases from inception to resolution.

Key Responsibilities of an Attorney:

• Providing comprehensive legal advice and consultancy.
• Drafting and reviewing legal documents and contracts.
• Handling transactional work such as property transfers and company registrations.
• Representing clients in court, primarily in lower courts.
• Managing client relationships and acting as the primary point of contact.

Pathways to Qualification

Becoming an Advocate

To become an advocate in South Africa, one must:

1. Obtain an LLB degree from a recognised university.
2. Complete a pupillage programme under the mentorship of an experienced advocate.
3. Pass the Bar examination to be admitted as a member of the Bar.

Becoming an Attorney

To qualify as an attorney, the following steps are required:

1. Earn an LLB degree.
2. Complete a period of articles (practical training) at a law firm.
3. Attend a Practical Legal Training (PLT) course.
4. Pass the Attorneys’ Admission Examination to be admitted by the Law Society.

Choosing the Right Path

Deciding between a career as an advocate or an attorney depends on your interests, skills, and career aspirations. If you have a passion for courtroom advocacy, enjoy intense legal debates, and prefer working independently, becoming an advocate might be the right choice. On the other hand, if you prefer a diverse legal practice, enjoy building client relationships, and like the idea of working within a firm, pursuing a career as an attorney could be more suitable.

Conclusion

The legal landscape in South Africa offers diverse and rewarding career paths for law graduates. Whether you choose to become an advocate or an attorney, each role provides unique opportunities to make a significant impact within the legal system. At Clynton Steven Poole Attorneys, we support the next generation of legal professionals in navigating these crucial decisions and achieving their career goals.