The difference between an advocate and an attorney in South Africa is mainly how they work with clients. An attorney deals with you directly, manages your matter, and can appear in court. An advocate specialises in court work and legal opinions, and is usually briefed by an attorney.
Both are legal practitioners admitted by the High Court and regulated by the Legal Practice Council under the Legal Practice Act 28 of 2014.
Attorneys
- Take instructions directly from clients
- Handle correspondence, contracts, negotiations, and litigation
- May hold trust money on behalf of clients
- Appear in the magistrates' courts, and in the High Court with a right of appearance
- Can qualify further as conveyancers or notaries
Advocates
- Specialise in arguing cases in court and giving legal opinions
- Are usually briefed by an attorney rather than the client directly
- Trust account advocates may take instructions directly from the public
- Senior advocates may be appointed as Senior Counsel (SC)
For most people, the attorney is the first point of contact. If your matter needs an advocate, your attorney will brief one and stay involved.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.