By Liad Hadar, Director at Hadar Incorporated, Specialist Property Law Firm
This article first appeared in Asset Magazine’s August 2024 edition
A new client recently approached us for assistance in a matter which effectively required a second opinion.
Having carefully considered the draft prepared by our client’s erstwhile Attorney, it came to my attention that they had instructed an Advocate to assist in drafting a commercial eviction application. The client consequently incurred the costs of both the Attorney and Advocate, which, in my mind, was unnecessary.
Given that most people are not particularly knowledgeable about the roles of Attorneys and Advocates in South African law and my strong feelings about not incurring legal costs unnecessarily for clients, I wrote this article to explain the differences and the times when it is necessary (or not) to engage the services of an Advocate in litigation.
This article provides a brief history, sets out the respective roles and significance of Attorneys and Advocates in the South African legal system, with a particular focus on how Hadar Incorporated leverages these roles to deliver comprehensive legal services to its clients but also avoiding duplication of costs or unnecessary increase in costs.
A Historical Overview
The South African legal system has roots firmly planted in Roman-Dutch and English common law. One of the distinctive features of this system is the division between Attorneys and Advocates, each playing a crucial role in the administration of justice.
The dual system of Attorneys and Advocates in South Africa traces its origins back to the colonial era. The British colonial administration introduced the bifurcated legal profession, drawing from the English system where Solicitors (similar to Attorneys) and Barristers (similar to Advocates) have distinct roles.
Over time, this system was amalgamated with the existing Roman-Dutch legal framework, giving rise to the current structure where Attorneys and Advocates function as separate yet complementary legal practitioners.
Roles of Attorneys and Advocates
Attorneys are the primary point of contact for clients seeking legal assistance. In essence, Attorneys manage the entire legal process from the initial consultation to the resolution of the matter.
Advocates, on the other hand, are specialist litigators who primarily appear in higher Courts, such as the High Court and the Supreme Court of Appeal. They are typically engaged by Attorneys to provide expert representation in complex cases that require specialized legal arguments and courtroom expertise. Advocates do not generally interact directly with clients; instead, they work on instructions from Attorneys.
The Synergy Between Attorneys and Advocates
The relationship between Attorneys and Advocates is symbiotic. Attorneys provide the groundwork and manage client interactions, while Advocates bring specialized litigation skills to the table. This division of labour ensures that clients receive comprehensive legal representation, with each professional contributing their expertise where it is most effective.
Hadar Incorporated’s Approach to Minimizing Unnecessary Costs
One of the cornerstones of our approach is minimizing the duplication of costs and avoiding incurring unnecessary costs.
At Hadar Incorporated, we recognize the value of trusted Advocates as partners for High Court litigation. Our firm prides itself on its ability to handle almost all legal work in-house, ensuring that our clients benefit from cost-effective and streamlined services without compromising our any quality.
Unlike some firms that outsource a significant portion of their work to Advocates, we focus on leveraging our in-house expertise. As Property Law specialists, we possess the knowledge and experience to manage most aspects of legal cases internally. This not only reduces costs for our clients but also ensures consistency and continuity in the handling of their legal matters.
We also insist on adding value, believing that working on a matter should not be a simple task-management process with a fee.
We appreciate that while Advocates play an indispensable role in complex litigation, unnecessary duplication of efforts can lead to unnecessarily inflated legal fees.
Why We Value Advocates
While we handle as much as possible within our firm, there are situations where the expertise of an Advocate is indispensable. For complex High Court litigation and specialized legal arguments, we collaborate with trusted Advocates who share our commitment to excellence.
This collaboration allows us to provide our clients with the highest standard of representation, ensuring that their interests are robustly presented in Court.
Conclusion
The South African legal system, with its distinctive division between Attorneys and Advocates, offers a robust framework for delivering justice.
At Hadar Incorporated, we value the contributions of trusted Advocates, particularly in complex High Court litigation, but we prioritize handling as much work as possible in-house to avoid unnecessary costs.
As professionals with a responsibility to clients and the profession at large, we feel that all clients should be aware of the differences between Attorneys and Advocates and that they should receive value from them in their respective roles. We also feel that professionals should look to be effective and efficient, not costly and time consuming.
By combining our in-house expertise with strategic collaborations, we provide our clients with comprehensive, cost-effective, and high-quality legal services. Our commitment to excellence and client satisfaction remains at the forefront of everything we do, ensuring that our clients receive the best possible representation in all their legal matters.