This article offers a straightforward overview of how the process works and what you can expect when engaging an attorney for the first time.
Understanding the different legal roles
It is helpful to start by understanding that there are different types of legal professionals in South Africa, each serving a different purpose.
Attorneys
- What they do: Attorneys are often the first point of contact for individuals seeking legal assistance. They provide advice, prepare legal documents such as contracts or wills, handle transactions and assist in resolving disputes.
- Client interaction: Attorneys work directly with clients and manage their legal matters from beginning to end.
- Court appearance: Attorneys may represent clients in the lower courts, such as the magistrates’ courts. If they have the necessary qualifications, they may also appear in the High Court.
- Work setting: Attorneys usually practise within law firms and deal with a wide range of everyday legal matters.
Advocates
- What they do: Advocates specialise in litigation. Their main role is to represent clients in court, especially in more complex matters or in the higher courts such as the High Court, Supreme Court of Appeal or Constitutional Court.
- Client interaction: In most cases, advocates do not work with clients directly. Instead, they are briefed by attorneys who remain the client’s primary contact.
- Court appearance: Advocates are highly skilled in courtroom procedures. They present arguments, examine witnesses and provide legal opinions on intricate matters.
- Work setting: Advocates are usually self-employed and work from chambers, which they share with other advocates.
In short, you will usually consult with an attorney first. If your case requires formal court proceedings, your attorney may bring in an advocate to argue the case in court.
Professional standards and duties
All legal practitioners in South Africa, including attorneys and advocates, are governed by the Legal Practice Council. This body ensures that practitioners meet professional standards and follow a uniform code of conduct.
Both attorneys and advocates have a duty to act in the best interest of their clients. They must provide regular updates, communicate clearly and promptly, and offer honest assessments of a client’s position.
In the case of attorneys, one of their key responsibilities is to inform you upfront whether your matter has a reasonable chance of success or not, and what the financial implications might be. This helps you make informed decisions from the outset.
Your first consultation
Once you have chosen an attorney and scheduled your initial consultation, here is what you can expect:
You will meet the attorney who will handle your matter and have an opportunity to explain your situation. It is important to be truthful and transparent so that they can give you the best possible advice. The information you share is protected by attorney-client privilege, which means your attorney cannot share it without your permission.
During this first meeting, your attorney must:
- Help you understand what the matter is likely to cost and give you a general idea of the legal process involved.
- Clearly establish what you want to achieve and act only within the scope of your instructions.
- Explain what will happen if you decide not to proceed with the matter.
- Tell you what steps they plan to take on your behalf and how their fee structure works.
You will also enter into a formal fee agreement that sets out their hourly rate, payment terms and when payment will be required.
Ongoing duties and communication
Attorneys are required to act with care, honesty and in good faith. They are expected to provide regular updates about your matter and must communicate promptly. If you send them a query or request an update, they are expected to respond within a reasonable timeframe – typically within 48 hours.
Attorneys are also required to report to their clients in writing once work has been done. This report must include:
- Details of any payments received
- Information about disbursements made on your behalf
- A breakdown of the fees and charges applied
If you receive an invoice that you do not understand, you have every right to ask for an explanation. Your attorney is obligated to provide a full and transparent account of how your funds were used.
Final words
Choosing the right attorney and understanding how they work can remove much of the stress and uncertainty from a legal matter. A good attorney will take the time to listen, explain your options clearly and guide you through each step of the process. You are entitled to transparency, professionalism and respect, right from the first consultation. If you are ever unsure about any aspect of your matter, ask questions. An attorney who takes your concerns seriously is one who is more likely to act in your best interest.