What Exactly Is a Lawyer in South Africa?

In South Africa, a “lawyer” is a broad, umbrella term referring to anyone who is qualified with a Bachelor of Laws or “LLB” degree – the standard qualification for legal professionals. The technicalicities behind what it means to be a lawyer or an attorney can sometimes mean that people looking for a Lawyer is South Africa are actually looking for an Attorney.
However, being a lawyer, or having obtained an LLB degree, does not automatically mean you are authorised to represent clients in court or manage legal matters—additional requirements exist depending on the type of legal service you wish to provide.

What Do Lawyers Do?

Lawyers can utilise their legal qualifications in various ways, including:

• Providing legal advice to members of the public, normally through a legal consultancy agency
• Assisting with the drafting certain legal documents (contracts, wills, settlements)
• Assisting with negotiating terms of settlement agreements or contracts
• Assisting in resolving disputes
• Most lawyers would work within the corporate field, such as in the human resources department of a company or as an in-house legal advisor. 

 What Is an Attorney?

The attorney is a specific kind of lawyer—someone who has not only obtained an LLB degree but has, amongst other things, completed the prescribed practical legal training (“articles” or “clerkship”), passed the attorneys admissions exams, and been formally admitted as an attorney of the High Court of South Africa.

What can Attorneys do?

Attorneys serve as the first point of contact for individuals or businesses seeking legal advice and, more importantly, legal representation. Attorneys offer the same services to the public as those that can be offered by lawyers, however, the most significant difference between the services provided by a lawyer compared to an attorney, is that an attorney is qualified to not only advise members of the public, but to represent members of the public in litigation in lower courts (and sometimes in the High Court). Attorneys with right of appearance in the High Court are able to represent clients in matters held in the High Court, alternatively are able to brief advocates to represent clients in High Court litigation. Only attorneys who have been registered on the Practicing Roll by the Legal Practice Council are entitled to represent clients in Court. Attorneys who are not registered on the Practicing Roll may not legally represent clients in court.

How Do You Become an Attorney?

To legally practice as an attorney in South Africa, a person must:

1. Complete an LLB degree at an accredited university.
2. Serve as a “candidate attorney”, working under the supervision of an admitted attorney for the duration of their candidacy
3. Complete the Practical Legal Training course;
4. Pass the four attorneys admission exams.
5. Be admitted to the roll of attorneys by the High Court.
6. Register with the Legal Practice Council, which is the regulatory authority of legal professionals of South Africa.

This makes an attorney more than just a law graduate or lawyer—but a formally licensed legal practitioner with unique responsibilities.

Key Takeaways

In South Africa, all attorneys are lawyers, but not all lawyers are attorneys.
“Lawyer” is a broad, generic description; “attorney” is a formally recognised, regulated, and court-admitted legal practitioner.
The distinction protects clients and ensures the integrity of legal practice—but is often blurred in day-to-day speech.

The Confusion between Attorney or Lawyer

South Africans often use “lawyer” and “attorney” as if they mean the same thing even though there are material differences in the types of services each will be able to offer.

Simply put, a lawyer is an LLB graduate who is able to offer advice in limited circumstances, whereas an attorney is a qualified, admitted legal representative who is authorised to represent clients in Court. 

What about Advocates?

Another key roleplayer falling within the list of South African legal professionals is that of an “advocate”. Advocates are also lawyers—they hold LLB degrees—but, like attorneys, they complete their own specialist legal training called “pupilage”, pass the prescribed examinations, and are admitted by the High Court.

Their roles differ to those of attorneys as they are considered to be specialist litigators and spend a significant amount of time litigating in the higher Courts of South Africa, such as the High Court, the Supreme Court of Appeal and the Constitutional Court.

Advocates are often exclusively briefed by attorneys who are representing clients involved in complex legal disputes, although there are a select few who are able to accept briefs directly from members of the public.

Lawyer vs Attorney- does the distinction really matter?

Although everyday language treats “lawyer” and “attorney” as synonymous with each other, however, knowing and understanding the difference is crucial as it ensures clients are aware of the expertise of the legal professional they are entrusting with their disputes.

Moreover, the ethical standards and conduct of admitted attorneys are regulated by the Legal Practice Council, whereas lawyers are not accountable to any regulatory body.

The Legal Practice Council not only regulates the conduct of admitted legal professionals, but also, amongst other things, investigates allegations and complaints which have been levelled against legal professionals. In severe cases of misconduct, the Legal Practice Council can take steps to have the professional struck from the roll of legal practitioners.

You know the difference, now do you need an Attorney or a Lawyer?

If you’re seeking legal guidance, always check whether your “lawyer” is a registered attorney—especially if you require legal representation. Finding out if a law firm or an attorney is registered as an admitted professional with the Legal Practice Council is easy with the public registry available by following either of the links below.