Converting from an attorney to an advocate in South Africa involves a gear shift to a more litigation-focused career. This may include specialised court work and a higher earning potential, with much less interaction with clients.
This blog will delve into the benefits and potential drawbacks of conversion and briefly discuss the conversion process.
What is an attorney in South Africa?
An attorney is also a lawyer, but all lawyers aren’t necessarily attorneys in South Africa. To qualify as an attorney, you need to:
- be a South African citizen or have residency in the country
- have an LLB degree
- have completed articles of clerkship
- have completed a PVT programme of structured course work
- pass all your competency-based exams
- be fit and proper
- be admitted and enrolled as an attorney by the High Court of South Africa
What is an advocate in South Africa?
Advocates are experts in presenting and arguing cases in a court of law. Advocates are usually self-employed and generally members of the Bar Council in their area.
To qualify as an advocate, you will need to:
- do pupillage
- write the advocates’ admission examination
- have no criminal record
- be admitted to the Bar by the High Court of South Africa
Advocates primarily engage in:
- arguing and presenting cases in court
- provide legal opinions and assist with the drafting of legal documents related to their field of specialisation
Advocates may also, after gaining a satisfactory level of experience, apply to the President for appointment as Senior Counsel. South African judges are usually appointed from within the pool of senior counsellors. If you aspire to become a judge one day, you will have to become an advocate first.
Pros of converting from an attorney to an advocate
Let’s consider the main benefits of conversion.
Specialised litigation
Advocates are specialists in court representation. This allows a more intense focus on complex litigation and arguing cases before higher courts.
Potential for higher earnings
High-earning advocates can have substantial annual incomes, potentially much higher than those earned in some other legal roles.
Court-focused
Qualifying as an advocate is a direct path to becoming a court specialist, which may be a desirable career goal for many legal professionals.
Wider indemnity cover
Since the Legal Practice Act came into effect, advocates are covered under the same Legal Practitioners Indemnity Insurance Fund (LPIIF) as attorneys.
Cons of converting from an attorney to an advocate
The primary con is the loss of the attorney's client-facing role and interactions.
Loss of direct client interaction
A traditional advocate cannot accept instructions directly from clients; you must be engaged by an attorney.
Restriction on client services
You generally cannot provide the vast range of legal services as attorneys, like giving initial advice to clients directly or preparing legal documents.
Stress and intense workload
The intense pressure of litigation, e.g. in traumatic cases, can lead to burnout and emotional distress for some advocates.
Referral system limitations
You depend on attorneys to bring you cases. This creates a less direct path to building a client base.
Regulatory hurdles when converting
According to Matt Williams, a member of the Western Cape Bar, the first requirement of rule 30.4.3.2 in the Legal Practice Act is that an attorney seeking to convert their enrolment to advocate will have to make two applications:
- to the Registrar for the right to appear in the superior courts as an attorney
- to the LPC to convert their attorney enrolment to that of an advocate
An attorney who has not practised continuously for more than three years must make three applications:
- to the LPC to reduce the three-year continuous period of practice requirement
- to the Registrar for the right to appear in the superior courts
- to the LPC to convert their attorney enrolment to that of an advocate
How to convert to an advocate
Specialised practical training in trial advocacy
By demonstrating your competency during Gawie le Roux Institute of Law’s LPC-accredited Advanced trial advocacy course, you will receive a certificate enabling you to apply to the LPC for the -
- right of appearance in the High Court (s 25(3)); or
- conversion from attorney to advocate (s 32(1)(a)).
This is also an ideal course to upskill yourself in trial advocacy. Candidate attorneys are also eligible to attend if they want to upskill in this area and are not seeking the right of appearance in the High Court or to convert from an attorney to an advocate.
Conversion application
Section 32 of the Legal Practice Act allows for conversion. According to the LPC’s website:
“A legal practitioner may, at any time, as determined in the rules and upon payment of the fee determined by the Council in the rules, apply to the Council to convert his or her enrolment as an attorney to that of an advocate and vice versa. (b) An advocate practising as such referred to in section 34 (2) (a) (i) may, at any time, as determined in the rules and upon payment of the fee determined by the Council in the rules, apply to the Council for the conversion of his or her enrolment to that of an advocate practising as such referred to in section 34 (2) (a) (ii) and vice versa. (2) The Council may impose any conditions as it considers appropriate to give effect to the conversion and the provisions of this Act relating to enrolment.”
You can download the application form to convert from an attorney to an advocate for your province here.
Conclusion
Converting from an attorney to an advocate can fast-track your career, depending on your professional goals. If you want to learn how to apply advocacy skills in an effective, coherent, and persuasive way, enrol in the Gawie le Roux Institute of Law’s in-person trial advocacy course.
People also ask
How do I change from the attorneys' roll to the advocates' roll?
Attorneys can apply to the LPC to have their enrolment converted to that of an advocate after paying a fee and adhering to the rules determined by the LPC (s 32).
What is the main benefit of converting from an attorney to an advocate?
Advocates spend more time in court focusing on litigation and may earn more.
Can an advocate convert to an attorney in South Africa?
Yes. An advocate can convert to an attorney in South Africa by applying to the LPC under Section 32 of the Legal Practice Act 28 of 2014. The conversion involves an application process governed by LPC rules, and prescribed fees will be due.
This blog was last updated on 03/09/2025