Lawyers, Attorneys, Advocates, Legal Practitioners, what are they all?

We often watch movies starring lawyers with suits putting up a sterling performance in court. But what we watch on TV and what we see and read in the local news can be a bit confusing. This is especially so when you are looking for a lawyer. Lawyers, Attorneys, Advocates, Legal Practitioners, what are they all? Do I go to an attorney or an advocate if I have a legal problem? Does an advocate cost more than an attorney, and can I go directly to an advocate? These are a few questions that are posed regularly regarding attorneys and advocates. They would apply whether you reside in Cape Town, Pretoria, Bloemfontein or Durban and so on.

Many people get confused as to what is an advocate or attorney. They do not know who to go to with their legal problems. Legal Practitioners experience this question a lot. We will On this page, we will attempt to explain, in an easy way, the differences between attorneys and advocates, whether they are practising in Cape Town or Port Elisabeth. We will start with the term Lawyer or Legal Practitioner. This article is for the layperson trying to describe the terms best. It is not in any way a complete outline of the profession of attorneys and advocates. Some attorneys and advocates may disagree with what we have to say, just as other advocates and attorneys would agree. I guess it depends on your experiences in the legal profession.

 The Lawyer or Legal Practitioner

In our view, whoever studied law and practises any aspect thereof is a lawyer or legal practitioner. Therefore, all advocates, attorneys, judges, magistrates, state prosecutors, legal advisors, etc. are all lawyers or legal practitioners. It makes sense as they all studied law and use it to earn a living. But not all lawyers do the same work or use the law in a specific manner. That is where the differentiation comes in between attorneys and advocates, etc.

The Attorney

Some attorneys are specialists, specialising in a specific field of law.  For example, shipping law specialists. Other attorneys practice as general practitioners. They assist the public with general legal matters, which include divorce, criminal law, wills and estates and so on. For instance, their practice would be concurrently dealing with criminal matters, suing and defending civil matters in the magistrates’ court and providing general legal advice and assistance to the public. If the case is a High Court matter, the attorney, unless he or she has High Court rights of appearance, would instruct an advocate.

Many attorneys are conveyancers and notaries. Conveyancers are attorneys who have specialised training and knowledge to deal with the transfer of property and matters relating to it. A notary, or a notary public, deals with notarising documents, authenticating them, etc. Therefore, a general practising attorney would deal with day-to-day legal matters for clients as they arise. If you have a legal problem, you would head off to the attorney’s office, and he or she would advise you accordingly.

The attorney would then analyse your matter. He or she would furthermore usually be able to sort out your problem without the assistance of an advocate. The attorney might send out a letter of demand, issue a summons and even represent you at court. However, if the matter becomes too complicated or more assistance is needed on the matter, then an advocate may be briefed. Even if the attorney instructs the advocate, his hourly rate may be more than that of the attorney, depending on his experience and years of practice. The Advocate would, however, invoice the Attorney for services rendered and not the client.

The Advocate

Now that we have dealt with the attorney, we shall deal with the advocate. Usually, if you want the assistance of an advocate, you would need to first approach an attorney. However, that is not the case if you wish to brief an advocate who holds trust accounts directly.

Advocates usually do court work or litigation, and further, if the matter requires specialised skills and knowledge. Therefore, if it is a matter dealing with fraudulent misrepresentation, and your attorney has limited knowledge thereof, then it would make sense that the matter be referred to an advocate who has the time, knowledge and skill to attend to the matter.

When to brief and advocate

If, however, your matter needs to be heard in the High Court due to the amount of money involved or the nature of the matter, an advocate may be briefed. Advocates further provide legal opinions, and some of them sit in as acting judges. Advocates will, however, never do work which is specific to attorneys and further, without a referral from an attorney. Therefore, even if you email an advocate for advice, he or she would, at the very most, refer you to an attorney. About the experience of the Advocate, his hourly rate may be more than that of the attorney, but it is not necessary.

In search of an Advocate or Attorney?

If you are in search of an attorney or advocate, search through our directory. Or contact us to recommend you one.

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law-related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share them on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law-related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share.

ABOUT ADVOCATE MUHAMMAD ABDUROAF – CAPE TOWN – SOUTH AFRICA

Advocate Muhammad Abduroaf is a hardworking, well-established, and distinguished legal professional, as well as a respected figure in the field of law, particularly in family law in South Africa. Known for his unwavering commitment to justice and his ability to navigate complex legal challenges, Advocate Muhammad Abduroaf has built a career spanning over two decades, marked by excellence and a profound dedication to serving his clients and the broader community.

Advocate Muhammad Abduroaf Fights for his clients

Advocate Muhammad Abduroaf has an extremely high success rate in the cases he takes on. This is largely due to his commitment to passionately fighting for his clients.

Successful legal journey

Advocate Muhammad Abduroaf’s journey into law began with a robust academic foundation. He pursued his legal studies with a vision to impact the justice system positively. His areas of expertise span a wide array of legal disciplines, making him a versatile advocate capable of handling multifaceted cases with precision and care. He holds both an LL.B. and LL.M. (Master of Laws) degree.

Throughout his longstanding career, Advocate Muhammad Abduroaf has been involved in numerous landmark cases that have set significant legal precedents. His methodical approach, combined with a deep understanding of the law, has earned him the respect of his peers and clients alike. He is known for his meticulous preparation and ability to craft compelling arguments that influence the course of justice. A recent landmark judgment in which he successfully represented his client was FCP v STC and Another (Appeal) 2025 JDR 0812 (WCC), where the Appeal Court supported his argument that a child’s right to maintenance and a parent’s responsibility in that regard cannot be terminated. Google his more recent judgments.

Advocate Muhammad Abduroaf was part of changing the law

Two of his notable judgments of approximately two decades ago were when he successfully argued for his clients in the reported cases of:

• Petersen v Maintenance Officer Simon’s Town Maintenance Court and Others 2004 2 SA 56 (C) 381. Because of this case, it is now possible to claim maintenance from paternal grandparents of children born out of wedlock. This was not possible for over 80 years; and
• Soller v Maintenance Magistrate, Wynberg and Others 2006 2 SA 66 (C) 2006 446, where the Western Cape High Court confirmed the extensive powers of the Maintenance Court, which included interdicting pension funds to pay.

Trust Account Advocate

Advocate Abduroaf is a distinguished Trust Account Advocate. Therefore, his work comes to him via attorneys or directly from the public. Therefore, if you require the assistance of Advocate Muhammad Abduroaf, you may approach him directly.

Contributions to the Community

Beyond the courtroom, Advocate Muhammad Abduroaf is deeply invested in online community development and legal education. He has organised and participated in numerous events aimed at empowering individuals with knowledge of their legal rights. His efforts to make the law accessible to all reflect his belief in the transformative power of knowledge and justice.

A Vision for the Future

Advocate Muhammad Abduroaf continues to inspire aspiring legal professionals and advocates. His career is a testament to the value of integrity, perseverance, and a relentless pursuit of justice. As he forges ahead, his contributions to the legal field and society as a whole remain invaluable.

In sum, Advocate Muhammad Abduroaf exemplifies the qualities of a dedicated advocate, using his knowledge and expertise to make a meaningful impact in the lives of many. His legacy is one of justice, compassion, and unwavering commitment to the rule of law.

CONNECT WITH ADVOCATE MUHAMMAD ABDUROAF

If you wish to connect with Advocate Muhammad Abduroaf, his website is www.abduroaf.co.za. We suggest you schedule an appointment with him if you require legal advice or legal representation.

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