What is the difference between an advocate and an attorney South Africa?
Asked by: Nathan Bauch | Last update: October 29, 2025Score: 4.3/5 (20 votes)
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.
What is an advocate in South Africa?
Definition: Advocate is defined in terms of section 1 of the Legal Practice Act, a legal practitioner who is is admitted and enrolled as such. Registration of already admitted advocates: Advocates who are already admitted as an advocate prior to the commencement of the Legal Practice Act and the Legal Practice Council.
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.
What does an advocate do?
The role of an advocate is to offer independent support to those who feel they are not being heard and to ensure they are taken seriously and that their rights are respected. It is also to assist people to access and understand appropriate information and services.
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 is the difference between an Attorney and an Advocate in South Africa? Why not be a lawyer?!
Can you be both an attorney and an advocate in South Africa?
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 are the duties of an advocate?
Uphold interest of the client
He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused. An advocate should always remember that his loyalty is to the law, which requires that no man should be punished without adequate evidence.
What are the disadvantages of having an advocate?
- Unintended consequences. Advocacy and sponsorship can have unintended consequences, such as perpetuating bias and discrimination. ...
- Potential for favouritism. ...
- Can be time-consuming.
Is a lawyer better than an advocate?
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.
Can you be an advocate without being a lawyer?
If you are interested in becoming a legal advocate, you might consider volunteering first in a niche that you are particularly interested in. While most legal advocacy jobs demand at least some legal experience or education along with a willingness to learn, some require a law degree.
Why do people say attorney instead of lawyer?
Attorney and lawyer mean the same thing. Attorney derives from an Old French word for lawyer ("attorn"), while lawyer derives from the Old English word ("lawe"). That we use both today is more a reflection of the complicated history of the English language rather than any kind of legal distinction.
What is the closest definition of an advocate?
1. : one who defends or maintains a cause or proposal. an advocate of liberal arts education. 2. : one who supports or promotes the interests of a cause or group.
How does a lawyer advocate for their client's rights?
As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.
Why would someone be an advocate?
An advocate can work individually with or on behalf of a particular community to defend people's interests. The support is to help those in need, such as people with disabilities, understand their rights and know that they have options when it comes to addressing their conditions.
How do you check if someone is an advocate in South Africa?
In terms of the Legal Practice Act, 2014, attorneys and advocates in South Africa are registered on the practising roll at the Legal Practice Council.
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.
Is it good to have an advocate?
Advocates can help you be more active in your care. The overall goal of a patient advocate is to provide patients and caregivers with the support and education they need so they can make their own decisions about their next steps.
What does llb mean?
"stands for 'Legum Baccalaureus,' the formal Latin designation for what was once almost universally the first professional law degree in the United States, the Bachelor of Laws.
What are the risks of advocates?
Advocacy can be risky
Upsetting the balance that they have created has the potential to lead to a strong reaction which could put barriers in your way. One of the largest risks is involvement in industry and political associations, public actions and events.
Why would you have an advocate?
An advocate can stand by you, and stand up for you, when important decisions are being made about your care, treatment and the way you live your life. They can help you understand your rights and options, and then support you in expressing your views and wishes to the relevant services.
Can an advocate go to court?
Also, you can have an advocate sit next to you at the table in the courtroom and confer (talk) with you during the hearing, unless the judge says otherwise.
What are the benefits of having an advocate?
An advocate is there to support your choices. They can: Listen to your views and concerns. Help you explore your options and rights, without pressuring you.
What can a person advocate for?
- Health and Human Rights. Health Equity. Military and Veterans. Children, Youth, and Families. ...
- Education and Training. Pre-K to 12 Education. Higher Education. Workforce Development.
- Practice of Psychology. Telehealth. Medicare Reimbursement. ...
- Applied Psychology. Substance Use Disorders. Climate Change.
What to expect from an advocate?
Professional advocates may give you legal information and help you negotiate and resolve disputes. But, they are not lawyers, and cannot give you the same type of legal advice as attorneys or act as your lawyer. An experienced, well-trained advocate should help you recognize when you should seek an attorney's services.