Types of advocates in South Africa
In South Africa, the term ‘advocate’ refers to a specific type of legal professional, but understanding who qualifies as an advocate can be confusing and complex within the country’s legal framework. Are you searching for an advocate or wondering what it takes to become one in the South African legal system? Some individuals use the title ‘Adv.’ before their names, but what exactly grants them the legal and professional right to do so? In this comprehensive article, we’ll explain in detail what it means to be an advocate in South Africa and outline the specific steps and requirements needed to earn this prestigious title within the legal profession.
Table of Contents
Types of advocates in South Africa
Traditional advocates (non-trust account advocates)
Traditional advocates practise under the established referral system, meaning they can only take cases if formally instructed by an attorney who acts as an intermediary. They are strictly not allowed to accept instructions directly from clients and cannot hold trust accounts under any circumstances. Most traditional advocates are active members of the General Council of the Bar (GCB) or their respective provincial Bars, which provide professional oversight and governance. These advocates are carefully regulated under Chapter 2, Section 34(2)(a)(ii) of the Legal Practice Act (LPA), which explicitly outlines the referral system and places specific restrictions on direct access to clients. To qualify as this type of advocate in South Africa, a person must successfully complete an intensive pupillage (training) program and pass the rigorous Bar examination to be formally admitted to practice, as strictly required under Section 95(1) of the LPA.
Trust account advocates (direct access advocates)
Trust account advocates represent a distinct category within the profession, as they are allowed to accept instructions directly from members of the public without requiring the intermediary services of an attorney. This specialized type of advocate can hold and manage trust accounts on behalf of clients and is regulated under significantly stricter rules and oversight due to the sensitive nature of handling client funds. To become a trust account advocate, extensive additional training is required in financial management and client fund administration. This important category was formally introduced by Section 34(2)(b) of the LPA, which specifically provides for direct briefing capabilities and the establishment of trust accounts under careful regulatory supervision.
Junior advocates
Junior advocates are newly admitted, traditional advocates who typically handle less complex cases or work under the careful guidance and mentorship of more experienced senior advocates. They focus intensively on building practical experience and developing essential legal skills, such as trial advocacy, legal research, and document drafting, during their formative years of practice. These practitioners play a vital role in the legal system while developing their expertise and professional reputation.
Senior advocates in South Africa (silks)
Senior advocates, also known as Senior Counsel (SC), are highly experienced practitioners (traditional advocates) who have earned special recognition for their exceptional expertise and significant contribution to the legal profession. This prestigious status, commonly referred to as “taking silk” in reference to the silk gowns worn by senior counsel, is formally conferred by the President of South Africa following a thorough recommendation process from the Bar. Section 34(2)(a)(i) of the LPA specifically governs this elite category, which strictly aligns with the traditional referral-based system of practice. These distinguished practitioners often handle the most complex and significant cases in the country’s legal system.
Advocates in name only
Some individuals who call themselves advocates are advocates in name only. They have not completed the necessary requirements or followed the proper procedures to be formally admitted as a traditional advocate within the South African legal system. This can create confusion in the marketplace and potentially mislead clients about their qualifications and authority to practice law.
These are individuals who have been admitted as advocates but have chosen alternative career paths outside of courtroom practice. While they maintain their prestigious title of advocate, they typically pursue diverse professional roles in academia, where they contribute to legal education and research; government departments, where they provide policy guidance and legal expertise; corporate legal departments, where they handle internal legal matters; or consulting firms, where they offer specialized legal advisory services. Although they do not engage in direct litigation or advocacy work, these professionals remain bound by the same regulatory framework that governs practicing advocates and must strictly adhere to the comprehensive provisions outlined in Chapter 3 of the Legal Practice Act (LPA) regarding professional conduct and registration requirements.
Historically, under section 6 of the Admission of Advocates Act, there existed a pathway to admission as an advocate without completing the traditional pupillage program. This provision allowed candidates to qualify if the court was satisfied they were fit and proper persons “by reason of their previous legal experience or other qualifications.” This alternative route recognized valuable legal experience gained through other professional channels. Section 115 of the LPA maintains this historical consideration by establishing that any person who was entitled to be admitted and enrolled as a legal practitioner prior to the Act’s implementation retains that entitlement. This provision is particularly relevant for individuals who completed their prescribed legal education before November 2018, as they may still fall under the jurisdiction of the previous Advocates Act.
Independent advocates in South Africa
Independent advocates represent a distinct category of legal practitioners who operate outside the traditional structure of the General Council of the Bar (GCB) or provincial Bars. Instead, they practice independently under the direct oversight of the Legal Practice Council (LPC). These practitioners have the flexibility to choose their mode of practice, either operating as trust account advocates with direct client access or maintaining the traditional referral-based advocacy model. This arrangement offers greater autonomy in practice management while ensuring adherence to professional standards through the LPC’s regulatory framework.
State advocates in South Africa
State advocates fulfill a crucial role within South Africa’s justice system as employees of the National Prosecuting Authority (NPA) or other government departments. These legal professionals specialize in criminal prosecutions, where they represent the state in criminal proceedings, or handle civil litigation matters involving government entities. While they maintain their status as admitted advocates, their practice is distinguished from private practitioners as they exclusively serve state interests and operate within the public sector framework.
Pro bono advocates
Pro bono advocates exemplify the legal profession’s commitment to social justice by providing essential legal services free of charge to individuals and communities who cannot afford legal representation. This category of practice is particularly emphasized among Bar-affiliated advocates, who are typically required to complete a specified minimum number of pro bono hours each year as part of their professional obligations. These requirements are carefully regulated and monitored through the established rules and guidelines of either the General Council of the Bar or the Legal Practice Council, ensuring consistent access to justice for underprivileged communities.
Actions you can take
- Make use of an advocate by asking us to instruct them through the appropriate channels and procedures.
- Enhance your understanding of the legal profession by thoroughly reviewing the Legal Practice Act 28 of 2014 and its comprehensive provisions.
- Verify an advocate’s professional standing by conducting a thorough check of their status on the legal practitioner’s roll maintained by the Legal Practice Council.