The difference between a lawyer, advocate, and attorney in South Africa can be very confusing to those who are not in the legal profession. However, once you have read this blog, you will understand the difference and be able to explain it to those around you.
What is a lawyer in South Africa?
A lawyer is a legal professional who has an LLB degree and who is practising law. Advocates and attorneys are also lawyers; however, a lawyer is not necessarily an advocate or attorney.
It is important to note that legal secretaries, paralegals, or legal assistants are not lawyers. To become a conveyancing secretary in South Africa, have a look at the Gawie le Roux Institute of Law’s Conveyancing for legal secretaries (paralegals) course.
After becoming a lawyer (completing your LLB degree), you have two choices: either becoming an attorney or an advocate.
What is an attorney in South Africa?
An attorney is also a lawyer; however, to qualify as an attorney, you need to have an LLB degree, complete a practical vocational training contract with a law firm (articles), complete a programme of structured course work, and be admitted as an attorney by the High Court of South Africa. Read more about how to become an attorney in South Africa.
An important part of becoming an attorney is to write the four competency-based exams (CBE):
- Paper 1: Court Procedures
- Paper 2: Administration of Estates
- Paper 3: Attorney’s Practice (Ethics)
- Paper 4: Accounting
From 2027, however, candidates will need to pass five exams, which will be subdivided as follows:
- Paper 1: Court Practice and Procedures
- Paper 2: Criminal Court Practice and Information and Communications Technology Law
- Paper 3: Wills, Estates and Matrimonial Law
- Paper 4: Legal Ethics, Constitutional Practice, Labour Dispute Resolution, and Alternative Dispute Resolution
- Paper 5: Attorneys' Bookkeeping, Legal Costs, and Practice Management
Passing these examinations is challenging and requires significant preparation. To help prepare for these exams, make sure you attend the Gawie le Roux Institute of Law’s exam prep course.
What is an advocate in South Africa?
Advocates are experts in presenting and arguing cases in court. Advocates are generally self-employed and are usually members of the Bar Council of their area. After joining the Bar, you can join an advocate group that generally has office space, a library, and a receptionist, in which you can rent an office.
An advocate is also a lawyer; however, to qualify as an advocate, you will need to do one year of apprenticeship, called ‘pupillage’, write the advocates' admission exams, and be admitted to the Bar by the High Court of South Africa. Note that to be admitted as an advocate, you will need to have a clean criminal record.
The advocates' admission exams consist of the following:
- Paper 1: Motion Court Proceedings and Information and Communications Technology Law
- Paper 2: Trial Court proceedings and Alternative Dispute Resolution
- Paper 3: Criminal Procedure
- Paper 4: Ethics, Constitutional Law, and Customary Law
- Paper 5: Legal Writing and Drafting
Advocates mainly engage in two activities:
- Arguing and presenting cases in the high court on behalf of attorneys; and
- Give legal opinions and help with the drafting of legal documents related to their field of specialisation.
Advocates may also, after having obtained a satisfactory level of experience, apply to the President for appointment as Senior Counsel. South African court judges are usually appointed from within the pool of senior counsellors.
Conclusion
Becoming an advocate or an attorney both require an LLB degree, practical experience, completing relevant professional exams, and being admitted by the High Court of South Africa.
However, these career paths require different skills. Advocates generally need skills to present and argue cases in court, while attorneys mostly use their general knowledge of the law to consult with their clients and give legal advice.
Both of these career paths can potentially lead to high salaries and job satisfaction.
Last updated on 14 June 2026.