Civil Procedure
Legal Practitioner
A legal practitioner is a person admitted to practise law in South Africa — including attorneys (who deal with clients directly) and advocates (who appear in the higher courts).
Legal Definition
Under the Legal Practice Act 28 of 2014, "legal practitioner" encompasses attorneys (including conveyancers and notaries) and advocates. Attorneys deal directly with clients; advocates are briefed by attorneys and specialise in court appearances and legal opinions.
📖 Constitutional / Statutory Basis: Section 34 and Section 35(3)(g), Constitution of the Republic of South Africa, 1996; Legal Practice Act 28 of 2014
Practical Example
You need to sue your employer for unfair dismissal. You consult an attorney who advises you. For the Labour Court trial, the attorney may brief an advocate to argue the case.
Frequently Asked Questions
What is the difference between an attorney and an advocate?
Attorneys take instructions directly from clients and handle most legal work. Advocates (barristers) specialise in court appearances and legal opinions, and are generally briefed by attorneys.
Can an attorney appear in the High Court?
Yes. The Legal Practice Act allows attorneys to appear in any court. Advocates have exclusive practice rights in some higher courts in terms of briefing rules.
What is a senior counsel (SC)?
An advocate appointed as Senior Counsel (formerly Queens Counsel — KC) by the President on recommendation of the Judicial Service Commission, based on exceptional legal ability.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.