Advocate - Advocates in South Africa

Advocates in South Africa

In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists; see Attorneys in South Africa. In general, advocates (also called 'counsel') are 'briefed' by attorneys when a specialist skill in court based litigation, or in research into the law is required; advocates have no direct contact with clients, and are said to be in a 'referral' profession. See split profession.

The key formal distinction, however, is the different rights with regard to the courts in which they may appear. Advocates have the right to appear in any court, while attorneys have the right to appear only in the lower courts. (And, under certain conditions, can acquire the right of appearance in the superior courts, by applying to the registrar of the provincial division of the relevant High Court.) A further distinction is that while attorneys practice in partnership, advocates are individual practitioners and never form partnerships; practice in "Chambers" and / or "Groups" is standard.

The requirements to enter private practice as advocates (Junior Counsel) are to hold the LL.B. degree, and to become a member of a Bar Association by undergoing a period of training (pupilage) for one year with a practicing Advocate, and to sit an admission examination. On the recommendation of the Bar Councils, an advocate "of proven experience and skill" with at least ten years experience, may be appointed by the President of South Africa as a Senior Counsel (SC; also referred to as a "silk"). See Legal education in South Africa.