What Does an Attorney Do?

In South Africa, an attorney is a fully admitted practitioner licensed by the Legal Practice Council (LPC) to provide legal services directly to clients, represent clients in lower courts, and offer specialist advice on a broad range of legal matters. The term "attorney" is specific to South Africa and has a distinct meaning that differs from "advocate" and from the American definition of "attorney."

Core Functions of an Attorney

Client Representation and Advice:

Provides direct legal advice to individuals, businesses, and organisations
Drafts legal documents including contracts, wills, trusts, and powers of attorney
Advises on compliance, regulatory matters, and risk management
Acts as a trusted advisor to repeat clients

Lower Court Representation:

Has automatic rights of audience in Magistrates' Courts (District Courts in provinces with new court structure)
Has automatic rights of audience in Regional Courts
Can conduct civil litigation, criminal defence, and family law matters in these courts
Prepares cases for trial, conducts examinations and cross-examinations

Property Law and Conveyancing:

Conducts property transfers (conveyancing) on behalf of purchasers and sellers
Registers transfers at the Deeds Office and with municipal authorities
Handles bond registration (mortgages) and related documentation
One of the highest-revenue functions in private practice

Company and Commercial Work:

Incorporates companies, close corporations, and trusts
Advises on shareholder agreements and partnership documentation
Drafts commercial contracts including service agreements, supply contracts, and franchise agreements
Handles business formation and compliance

Estate Planning and Succession:

Drafts wills and testamentary instruments
Administers deceased estates
Advises on inheritance tax (now estate duty) and succession planning
Represents beneficiaries in estate disputes

Litigation Support:

Prepares documents for High Court proceedings (briefs are then passed to an advocate)
Handles interlocutory (pre-trial) applications
Manages court filing, correspondence, and procedural compliance
Conducts settlement negotiations

Attorney vs. Advocate: Key Differences

Prior to the Legal Practice Act 28 of 2014, South Africa had a divided profession with strict role separation:

Advocates (Pre-2014):

Specialist courtroom lawyers; "brief-only" profession
Could only receive instructions through an attorney (not directly from clients)
Unlimited rights of audience in all courts
Focused on litigation and specialist opinion-writing

Attorneys (Pre-2014):

Client-facing generalists; handled conveyancing, contracts, and lower court work
Limited rights of audience (Magistrates' Court and lower)
Could not appear in High Court (except in narrow circumstances)

Modern Practice (Post-2014): The Legal Practice Act 2014 introduced "attorneys with rights of audience" (sometimes called "attorney-advocates"), blurring the traditional divide. Many attorneys now:

Conduct High Court litigation directly (with specified authorisation)
Work as "sole practitioners" or in multi-disciplinary partnerships
Maintain specialist practices in corporate law, tax law, or criminal defence

However, the profession remains largely divided in practice. Senior advocates ("silks") and traditional advocates still dominate commercial litigation and appellate work, while attorneys handle day-to-day client service, transactional work, and lower court work.

Work Environments for Attorneys

Private Practice (Law Firms):

General practice firms (handle all practice areas)
Boutique or specialist firms (IP, tax, employment, family law)
Solo practitioners (conveyancing or general practice)
Large corporate law firms (ENS, Cliffe Dekker, Bowmans, Webber Wentzel, Werksmans, others)

In-House Counsel:

Corporate legal departments (major companies, financial institutions, government)
Government legal service (State Attorney's offices in provinces)
NGOs and not-for-profit organisations
Insurance companies and financial services

Paralegals and Contract Attorneys:

Not all legal professionals are admitted attorneys; some work as paralegals or candidate attorneys
Contract attorneys provide temporary legal services to law firms

Rights of Audience for Attorneys

Under the Legal Practice Act s 32:

Automatic rights: Magistrates' Courts, Regional Courts, and Territorial Courts
Limited rights in High Court: If specifically authorised by the Law Practice Council (rare; most remain lower-court practitioners)
Specialist advocates: Attorneys may apply for designated advocates status, granting broader High Court rights

Professional Responsibilities and Ethics

All attorneys must comply with the Legal Practice Act 2014 and the Rules of the Law Practice Council. Key obligations include:

Client confidentiality and privilege: Legal advice is protected by attorney-client privilege
Conflict of interest: Cannot represent conflicting parties
Trust accounting: Must maintain separate trust accounts for client funds (property deposits, estate funds, etc.)
Professional indemnity insurance: Mandatory minimum cover
Continuing professional development: Annual CPD credits required
Complaint handling: Subject to LPC disciplinary procedures for misconduct

Compensation and Work Arrangements

Attorneys earn through:

Fixed fees (conveyancing, standard agreements)
Hourly billing (litigation, advisory work)
Contingency or "no-win-no-fee" arrangements (criminal defence, personal injury claims)
Retainers (corporate clients)
Profit-sharing (partners in law firms)

Income varies widely: junior attorneys in provincial practices earn R20,000–R40,000 per month, while senior partners in Johannesburg or Cape Town corporate firms can earn R100,000–R300,000+ per month.

Key Information

The term "attorney" in South Africa refers to an LPC-registered practitioner with client-facing rights and lower court representation rights. Advocates are specialist litigators (traditionally "brief-only," increasingly evolving). All admitted practitioners are colloquially called "lawyers." The Legal Practice Act 28 of 2014 is the governing legislation; the Law Practice Council oversees registration and discipline.

Attorneys practise across many specialisations. Learn about corporate lawyers, criminal lawyers, and how to become a lawyer in South Africa.

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Disclaimer: This answer is for informational purposes only and does not constitute legal advice. About the Author: This answer was prepared by the Justibly Legal Research Team, reviewed for accuracy by practising attorneys admitted to the High Court of South Africa. Verify attorney credentials on the LPC register.

Last updated: April 2026