We have all heard of attorneys whether through television, movies or the media. However, this can often be a fractured image of what attorneys do, especially in South Africa. This can be confusing and misleading for those wanting to enter the legal profession.
That is why we decided to write this article to debunk some of these misconceptions, giving you a clear idea of what an attorney does, and how they fit into our legal system. This will allow you to make an informed decision on whether a career as an attorney is right for you.
The difference between a lawyer, an attorney, and an advocate
One of the most common misconceptions is the belief that lawyers and attorneys are one and the same. While all attorneys are lawyers, not all lawyers are attorneys. A lawyer in South Africa is any person with an LLB degree working in the legal profession. Attorneys are legal professionals who have an LLB degree, have completed their 2 years of articles, have passed their professional exams, and have been admitted as attorneys by the High Court of South Africa. Despite this difference, the terms are used interchangeably by most people. This is why any reference to a lawyer from this point on will mean an attorney. Our article on the difference between a lawyer, advocate and attorney explains these differences in more detail.
What does an attorney do?
This question is more complex than you might think as there are many different types of attorneys, depending on the field of law they choose to specialise in. These include divorce attorneys, corporate attorneys, and the highest-paid type of attorney, tax attorneys.
Also read how to become an attorney in South Africa.
We decided to have a look at the general duties an attorney will have no matter what field they specialise in. These are often the tasks that makeup what lawyers do all day. The five main tasks are as follows:
Advise clients
A large part of what an attorney does is provide legal advice to clients. This can include explaining complex legal issues they may be facing and advising them on their options during legal proceedings. An attorney will provide any legal advice their clients may need. This means that a lot of an attorney's time is spent in meetings with clients so they can clearly communicate all this information, face to face.
Case research
In dealing with various legal issues, it is important for an attorney to thoroughly investigate the details and evidence of the case. This can include police reports, accident reports, relevant contracts, and previously filed pleadings. This is important as knowledge is power, and an advocate needs to be sure they have all the information they need surrounding a case. This allows them to provide the best possible legal advice and plan their legal strategy.
Legal research
Another common duty of an attorney is legal research. This is when the attorney investigates the laws in place that are relevant or applicable to their current case. This goes beyond simply looking up the laws as the attorney will also need to look up previous rulings made in similar cases. They must then interpret all this information by analysing the circumstances surrounding the rulings made in similar cases. This allows them to determine the relevance to their case and will also influence their legal strategy.
Legal strategy
An attorney is tasked with developing a legal strategy for their client's particular case. This strategy is developed with the client's best interests in mind, which often means avoiding a trial. Should the case go to trial an attorney will be responsible for developing a strategy for the trial as well.
Prepare case materials
Another aspect of an attorney’s duties is preparing the case materials. This is when the case is going to trial. The attorney must prepare pleadings and other documents such as contracts, deeds, and any other relevant documentation they will need.
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What about court?
While attorneys can appear in court in South Africa this is usually the job of advocates. Advocates are specialist legal professionals who represent clients in court, however, they do not deal directly with clients. Clients are usually referred to as advocates by their attorney should the case require it.
Conclusion
While becoming an attorney can be challenging, it is a rewarding career as it can be both lucrative and provide a sense of purpose as you work directly with the laws that influence our society.