Summary of The Legal Profession: Roles and Ethics
The Legal Profession: Roles and Ethics - A Student Guide
Introduction
The legal profession comprises several distinct roles that together ensure access to justice, proper legal advice, and the administration of legal processes. This study material explains the main practitioner types — attorneys and advocates — and specialised legal roles such as prosecutors, conveyancers, notaries, legal advisors, state attorneys, state legal advisors, the Public Protector (overview), and the Master of the High Court. The aim is to clarify functions, admission requirements, real-world tasks and how these roles interact in practice.
Definition: An attorney is a legal practitioner who provides general legal services to clients, prepares documents, gives legal advice and often instructs advocates for court appearances.
Definition: An advocate is a specialist litigator who focuses on court appearances, drafting pleadings and providing specialist opinions, usually receiving referrals from attorneys.
1. Attorneys vs Advocates: Overview
What attorneys do
- General practice: Attorneys are usually the first point of contact for clients with legal problems.
- Day-to-day work: Administrative work, client interviews, drafting contracts, conveyancing, and preparing cases for court.
- Court appearances: Some attorneys appear in lower courts; complex or specialist matters are usually referred to advocates.
- Specialist attorneys: E.g. attorneys specialising in patents or trademarks.
Definition: Conveyancing is the legal process of transferring ownership of land, completed by registering a deed at the deeds office.
Admission requirements for attorneys
- Complete an LLB degree.
- Pass the attorneys' admission exam.
- Complete practical vocational training either:
- 24 months practical training + at least 150 notional hours of structured coursework at an accredited school; or
- 12 months practical training + at least 400 notional hours of structured coursework.
- Practical training may be undertaken in a law firm, with a state attorney, or at a law clinic.
- Governing body: Legal Practice Council (attorneys branch).
What advocates do
- Primary function: Specialist litigators who appear primarily in higher courts.
- Client access: Clients normally approach attorneys first; advocates receive instruction by referral. Advocates with a fidelity fund certificate may be approached directly.
- Typical tasks: Draft pleadings, write legal opinions, conduct hearings and trials.
Admission requirements for advocates
- Complete an LLB degree.
- Undertake practical vocational training (pupilage) for 12 months.
- Complete at least 400 hours of structured coursework.
- Pass the bar exam.
- Practical training may be with a sole practitioner advocate or at a law clinic.
- Governing body: Legal Practice Council (advocates branch).
| Feature | Attorney | Advocate |
|---|---|---|
| Main role | Client-facing legal services, document drafting, conveyancing | Specialist courtroom advocacy, pleadings, opinions |
| Court focus | Lower courts and preparatory work | Higher courts and specialist litigation |
| Client access | Direct | Usually via attorneys (except fidelity fund cases) |
| Training route | LLB + exam + 12/24 months practical training | LLB + 12 months pupillage + bar exam |
| Governing body | Legal Practice Council (Attorneys) | Legal Practice Council (Advocates) |
2. The Functions of a Prosecutor
Who prosecutes criminal cases?
- Director of Public Prosecutions (DPP): The official with authority to institute criminal proceedings; this power can be delegated.
- State advocates: Handle prosecutions in higher courts (e.g. high courts).
- Public prosecutors: Handle prosecutions in lower courts (magistrates' courts).
- Special units:
Zaregistruj se pro celé shrnutíAlready have an account? Sign in
Legal Profession Roles
Klíčové pojmy: Attorneys are client-facing general practitioners who prepare cases and may refer complex litigation to advocates., Advocates are specialist litigators who primarily appear in higher courts and usually receive instructions via attorneys., Attorney admission: LLB + exam + 12 or 24 months practical training with required notional coursework hours., Advocate admission: LLB + 12 months pupillage + at least 400 hours coursework + bar exam., Prosecutors (DPP, state advocates, public prosecutors) institute and present criminal cases; specialised units handle economic offences., Conveyancers (qualified attorneys) manage land transfers and deed registration at the deeds office., Notaries are attorneys with extra qualification who draft and authenticate specialized formal documents like antenuptial contracts., Legal advisors work in-house for companies handling contracts, compliance and corporate legal risk., State attorneys represent government departments, draft legislation and manage state contracts and litigation., Master of the High Court supervises deceased estates, company liquidations and trust funds for minors.