In South Africa, the term ‘advocate’ refers to a specific type of legal professional, but understanding who qualifies as an advocate can be confusing. Are you searching for an advocate or wondering what it takes to become one? Some individuals use the title ‘Adv.’ before their names, but what grants them the right to do so? In this article, we’ll explain what it means to be an advocate in South Africa and outline the steps required to earn this title.

Traditional advocates (non-trust account advocates)

Traditional advocates practise under the referral system, meaning they can only take cases if instructed by an attorney. They are not allowed to accept instructions directly from clients and cannot hold trust accounts. Most traditional advocates are members of the General Council of the Bar (GCB) or provincial Bars. These advocates are regulated under Chapter 2, Section 34(2)(a)(ii) of the Legal Practice Act (LPA), which outlines the referral system and restrictions on direct access to clients. To be this type of advocate in South Africa, a person must complete pupillage (training) and pass the Bar examination to be admitted, as required under Section 95(1) of the LPA.

Trust account advocates (direct access advocates)

Trust account advocates are allowed to accept instructions directly from members of the public without needing an attorney. This type of advocate can hold and manage trust accounts and is regulated under stricter rules due to the handling of client funds. To become a trust account advocate, additional training is required in financial management. This category was introduced by Section 34(2)(b) of the LPA, which allows for direct briefing and the establishment of trust accounts.

Junior advocates

Junior advocates are newly admitted, traditional advocates who handle less complex cases or work under the guidance of senior advocates. They focus on building experience and skills, such as trial advocacy and drafting, in their early years of practice.

Senior advocates in South Africa (silks)

Senior advocates, also known as Senior Counsel (SC), are experienced practitioners (traditional advocates) recognised for their expertise and contribution to the legal profession. This status, commonly referred to as “taking silk,” is conferred by the President of South Africa following a recommendation from the Bar. Section 34(2)(a)(i) of the LPA governs this category, which aligns with the referral-based system of practice.

Advocates in name only

Some advocates are in name only. They did not do what was necessary to be admitted as a traditional advocate.

These are individuals who have been admitted as advocates but do not actively practise in court. Instead, they may work in areas such as academia, government, corporate legal departments, or consulting. While they retain the title of advocate, they are not involved in litigation or advocacy work. They are regulated under the same framework as practising advocates and must comply with Chapter 3 of the LPA regarding professional conduct and registration. Under section 6 of the Admission of Advocates Act, it was possible to be admitted as an advocate without completing pupillage, provided the court was satisfied the candidate was a fit and proper person “by reason of his previous legal experience or other qualifications”. Section 115 of the LPA states that any person who was entitled to be admitted and enrolled as a legal practitioner prior to the commencement of the Act is entitled to be admitted and enrolled as such. This means that if you completed your prescribed legal education prior to November 2018, the Advocates Act may apply to you.

Independent advocates in South Africa

Independent advocates are not members of the GCB or provincial Bars and practise independently under the Legal Practice Council (LPC). They may operate as trust account advocates or work as a traditional advocate on a referral basis. This category offers greater flexibility and is regulated under the general provisions of the LPA.

State advocates in South Africa

A state advocate is employed by the National Prosecuting Authority (NPA) or other government departments. They work on criminal prosecutions or represent the state in civil litigation. While they are admitted as advocates, they are not in private practice.

Pro bono advocates

Advocates in this category provide free legal services to those who cannot afford them. Many advocates, particularly those associated with the Bar, must complete a minimum number of pro bono hours annually. This is governed by the rules of the GCB or LPC.

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