How to Be Admitted as an Advocate in South Africa

   
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An LLB degree from any South African university is required for admission as an advocate. After obtaining this, the next stage is to petition to the High Court for admission as an advocate and inclusion on the Department of Justice’s “roll of advocates.” To do so, the applicant or aspiring advocate must show that he or she is both qualified and able (in the sense of being a fit and proper person) to join the profession. Once admitted as an advocate, the candidate will be able to practice as an advocate anywhere in South Africa and appear in any court. However, it is traditional to join one of the Bars after admission in order to benefit from the strong collective spirit and experience of the legal fraternity in a Society of Advocates. This custom is reflected by the phrase “an advocate is called to the Bar”: the profession of advocate is a calling, not just a job, and practicing at the Bar becomes a way of life. To become a member of the Bar, an advocate must complete a one-year apprenticeship (known as a pupillage). Throughout the year, the Bar provides training and learning opportunities to advocates, preparing them for the rigors of practice and enlightening them about the legal system.

the professional standards and behavior of practicing attorneys, and

the ethical and professional integrity code to which all advocates are obligated to conform

 

After a year of pupillage, the advocate must pass the General Council of the Bar’s National Bar Examination before becoming a member of the Bar.

The Bar’s General Council. The General Council of the Bar is essentially an alliance of all South African Bars. Members are not individual advocates, but rather the numerous Societies of Advocates from South Africa’s major cities. This is the primary national organisation that represents and regulates the profession of advocates.

Advocate’s practice.

Advocates are essentially experts in the presentation and argumentation of matters in court. Until 1994, only advocates were permitted to present cases in the individual provinces’ High Courts, which were then known as Supreme Courts, and the Bloemfontein Appeal Court, which is now known as the Supreme Court of Appeal. Attorneys with a “right of appearance” can now appear in these courts as well as the Constitutional Court. However, advocates continue to present the great majority of cases in these courts, and some advocates also appear on a regular basis in Magistrates’ courts as well as before various statutory organizations (such as land-use planning committees, tax courts and other specialised tribunals). This necessitates knowledge of the law and the facts of the case, as well as sound judgment and the ability to present a case effectively and rationally.

 

How can I become a South African advocate?

To become an advocate, you must be accepted to the Roll of Advocates, a statutory registration maintained by a High Court official. You must file an affidavit with the High Court indicating that you are honest, have not committed any criminal offenses, have an LLB degree, and are fit and proper to practice as an advocate.

 

Can I practice law without Pupillage?

Pupillage does not guarantee admission and enrolment as an advocate, but you will not be eligible to join the JSA unless you are admitted and enrolled as an advocate.

 

What is the distinction between a lawyer and an advocate?

A lawyer is a broad term for a legal professional who has completed law school and earned a Bachelor of Laws (LLB) degree. An advocate is a lawyer who can represent clients in court.

 

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