What are The Three Types of Legal Practitioners in South Africa?

19 Sep 2023

In South Africa, you’ll encounter three main types of legal practitioners under the Legal Practice Act. First, referral advocates receive briefs and/or instructions from a practicing attorney. Second, fidelity fund advocates; these unique professionals possess Fidelity Fund Certificates. Lastly, attorneys give advice to their clients.

Referral Advocate

As we delve into the types of legal practitioners in South Africa, attention turns to Referral Advocates. These advocates generally receive instructions from practicing attorneys as stated under section 34(2)(a)ii of the Legal Practice Act. Their operations follow strict rules laid down within Parts IV and V of a conduct code defined by section 97(1)(b).

This type of advocate may practice independently, alongside established law clinics per subsection 8, or with entities such as Legal Aid South Africa. They can also work at the state level as state advocates or even for institutions such as the Human Rights Commission.

Fidelity Fund/Trust Account Advocate

Secondly, there’s the Fidelity Fund Advocate. This type of advocate differs from traditional advocates in that they directly receive instructions from the public without attorneys acting as intermediaries. To be able to conduct practice with a Fidelity Fund Certificate, an advocate must satisfy stringent criteria set forth by legal bodies like The Legal Practice Council and pass examinations showcasing proficiency in accounting rules for proper record keeping.

Advocates may wish to change roles or how they practice law. This could include changing their enrolment status to attorney standing or choosing not to use Trust accounts while providing services. In such cases, these advocates can take advantage of the tools provided for under section 32 (1)(a) and (b).

If you need advice pertaining to legal practice but do not wish to involve intermediaries, consider reaching out directly to a Trust Account Advocate.

Attorney

Attorneys serve as your first port of call for any legal matter; essentially, they’re the general practitioners within the law, offering broad-based services from criminal cases to civil suits, divorces or property transactions.

As per section 34(3) of the Legal Practise Act (NBCSA), rules exist about who can brief an attorney – namely, members of the public directly or other advocates. Following graduation from law school, one must complete two years under articles of clerkship while preparing for the Admission Examination before registering with relevant Provincial Bar Councils as a practicing attorney. While many work independently, some may opt into partnerships.

The legal profession in South Africa continues to evolve, with legislative changes to enhance stakeholder transparency and trust. As these legal practitioners carry out their vital roles in the justice system, their distinct functions contribute to the country’s robust and dynamic legal landscape.

Whether you seek legal advice from a Referral Advocate, a Fidelity Fund Advocate, or an Attorney, the diverse array of legal practitioners in South Africa ensures you can access the legal expertise you need for your specific situation.

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)