Can a legal practitioner be both an attorney and an advocate in South Africa?
Asked by: Etha Schaden Sr. | Last update: December 30, 2025Score: 4.3/5 (3 votes)
Section 32 of the Legal Practice Act allows for Conversion. A legal practitioner may, at any time, as determined in the rules and upon payment of the fee determined by the Council in the rules, apply to the Council to convert his or her enrolment as an attorney to that of an advocate and vice versa.
What is the difference between a lawyer, an attorney, and an advocate in South Africa?
While both attorneys and advocates can appear in court, advocates are lawyers who specifically specialise in litigation and court proceedings. An attorney and their client may require the services of an advocate if a legal matter goes to court. The advocate will argue the case before the judge on behalf of the client.
Can you be a lawyer and an attorney at the same time?
An attorney will focus their practice in the courtroom. They're automatically lawyers at the same time because they need to go through the same process to qualify.
Who qualifies as a legal practitioner in South Africa?
Authorization to practise. For the purposes of the Act, a 'legal practitioner' is an attorney or an advocate. To be able to practise as one, the High Court must give you permission to do so – this is called being 'admitted to practice'.
Is a legal advocate a lawyer?
The primary difference between the responsibilities and duties of a lawyer vs. advocate is that a lawyer has less experience and might not represent clients in courts. Comparatively, advocates are more qualified in legal matters and can represent their clients.
What is the difference between an Attorney and an Advocate in South Africa? Why not be a lawyer?!
Do you need to be a lawyer to be an advocate?
While most legal advocacy jobs demand at least some legal experience or education along with a willingness to learn, some require a law degree. Law students sometimes choose to become legal advocates as a way to gain valuable experience.
Is advocate a title in South Africa?
Apart from attorneys, there is also another 'branch' of legal practitioners in South Africa, namely advocates.
What do you need to be an advocate in South Africa?
- To become an advocate you must be admitted to the Roll of Advocates, a statutory register kept by the official of the High Court.
- You must apply to the High Court, on affidavit, stating that you are honest, have not committed any criminal offenses, have an LLB degree and are fit and proper to be an advocate.
Is a law practitioner a lawyer?
A legal practitioner is a term used to describe a lawyer or a member of one of the recognized branches of practice in the traditional English system.
Is an attorney more powerful than a lawyer?
It is helpful to remember that all attorneys are lawyers, but not all lawyers are attorneys. The major difference is that attorneys can represent clients in court and other legal proceedings, while lawyers cannot.
Can you be a lawyer but not an attorney?
What is a “Lawyer” in California Law? A lawyer is a broader term encompassing anyone who has graduated from law school with a Juris Doctor (J.D.) degree. While all attorneys are lawyers, not all lawyers are attorneys.
Can you have two specialties as a lawyer?
Legally speaking, there is nothing to stop a lawyer from practicing in more than one area of law, but this approach can come with some significant side effects. In short, the benefits of a lawyer choosing to focus in on only one type of law include: Maintaining a sense of autonomy away from their law firm's daily grind.
What type of lawyer is most in demand in South Africa?
What types of lawyers are in high demand in South Africa? High demand exists for lawyers in corporate, criminal, human rights, environmental, and intellectual property law.
How long does it take to be an advocate in South Africa?
How long does it take to become a lawyer in South Africa? It takes at least 4 years to become a lawyer in South Africa. However, if you would like to become an attorney, you will need to complete a 4 year LLB degree and 2 years of articles for a total of at least 6 years.
Who pays advocates in South Africa?
The distinction is further extended by the fact that the client never pays the advocate directly. The attorney will pay the advocate first from their own account and later the client pays the attorney for such fees.
What type of lawyer makes the most money in South Africa?
A corporate lawyer's salary in South Africa is among the highest in the legal profession. Depending on experience and the size of the corporation they work for, corporate lawyers will earn an average salary of R296,964 per year.
Which lawyer is most in demand?
Some of the most universally in-demand legal specialties include intellectual property law, family law, immigration law, real estate law, and corporate law.
How do advocates get paid?
Regardless, the compensation of client-specific attorneys is determined, directly or indirectly, in one of four ways: flat fee, hourly, on a contingency fee basis, or on retainer. Flat fee payment arrangements: This is a task-based method of payment.
What is the difference between an attorney and an advocate in South Africa?
In South Africa, attorneys handle general legal tasks like client consultation and document preparation, while advocates specialise in courtroom advocacy and are usually hired by attorneys to represent clients in higher courts.
Are advocates in demand in South Africa?
Yes, LLB graduates are in demand in South Africa, particularly in specialized areas such as corporate law, environmental law, and intellectual property law. The evolving legal landscape continues to create opportunities for law professionals.
Can a foreigner become an advocate in South Africa?
See 'Becoming a legal practitioner'. Further requirements with regard to admission are provided in the Legal Practice Act 28 of 2014. A person must be a South African citizen or permanent resident and be otherwise fit and proper in the opinion of the court to be admitted as a legal practitioner.
Why are lawyers called advocates?
The word “advocate” comes from the Latin term “advocatus,” which means “one who is called to help or support.” In the legal profession, an advocate is a person who represents and defends the interests of another person, group, or cause, typically in a legal or political context.
Who regulates advocates in South Africa?
The Legal Practice Council (LPC) is a statutory regulatory authority and does not have members like the previous Law Societies had. All admitted and enrolled legal practitioners (attorneys and advocates) are regulated by the LPC. The PCs are substructures of the LPC and have delegated functions.
How much do advocate officers make in South Africa?
The estimated salary for a Advocate is ZAR 1,003,800 per year in the Cape Town South Africa area. This number represents the median, which is the midpoint of the ranges from our proprietary Total Pay Estimate model and based on salaries collected from our users.