What Does an Advocate Do? Understanding Their Essential Role in the Legal System

An advocate is a vital member of the South African legal system and helps to represent clients in court. They display a deep understanding of the law and understand its intricacies that can help serve justice. 

Advocates can sometimes also be referred to as lawyers, a generic term for individuals who have completed a law degree and passed the bar exam. However, advocates should not be confused with attorneys who can only guide clients but do not have the power or expertise to present the case in court. 

In this article, we will cover what does an advocate do, the types of cases they handle, and how they prepare for court cases.

What are the Responsibilities of an Advocate?

In South Africa, clients cannot directly approach advocates to represent them in court. They need to hire an attorney for legal advice and representation. Attorneys then hire advocates on behalf of the clients to represent their interests in court.

Advocates can work in chambers, where advocates practice independently but share resources such as clerks and administrators. Alternatively, advocates can also practice with an established law firm, where they can demand a pre-set hourly rate.

When we try to answer what does an advocate do, their responsibilities are the same irrespective of where they work.

• Representing clients in court: Their primary responsibility is to represent clients to the best of their ability. Advocates must always keep the client’s interests in mind and not let their opinions hinder their work.

• Drafting legal documents: Advocates are also responsible for drafting legal documents, such as motions and pleadings, to be presented to the court. They must dedicate time and effort to this task. 

• Research: They must be adept at researching and finding previous judgements that can work in their favour. Research is also a key element in helping to draft legal documents.

• Negotiation: It is important for advocates to be skilled negotiators so that they can present their case effectively. Negotiation can help them gain a reduced sentencing for their client or a lowered fine. It can also be their responsibility to negotiate and try to settle the case before it heads to court.

• Maintaining confidentiality: While advocates carry out their other responsibilities, they must also maintain confidentiality. They must respect the advocate-client privilege and not disclose any details to a third party. This is one of the main aspects when answering what does an advocate do.

What are the Types of Cases Handled by Advocates?

If one is wondering what does an advocate do and what types of cases they can handle, the simple answer is that they can handle all types of cases. However, advocates need to develop a specialisation to better represent clients.

When advocates focus on a particular area of law, such as family law, bankruptcy, criminal law, etc., they become experts. This, in turn, allows them to win more cases, which builds their reputation and allows them to charge higher rates. These are some types of cases that advocates in South Africa handle. 

• Criminal Cases: These are cases where a client has been charged with a criminal offence such as murder, domestic violence, theft, etc. If one is wondering, what does an advocate do in criminal cases, the lawyer needs to first investigate the crime independently. Then they can speak with witnesses and develop a defence that tries to project their client in a softer standing. The lawyer might also need to use their negotiation skills to demand a lowered sentence for their clients. 

• Family Law Cases: Advocates specialising in family law help represent clients who need help resolving familial issues. These can include adoption and child custody cases, which are heard in family law courts.

• Corporate Law Cases: Advocates in corporate law cases represent small businesses or large publicly held corporations. If one is curious about what does an advocate do for corporations, they can help companies negotiate contracts with spokespersons, guide mergers and acquisitions, and represent them in lawsuits.

• Immigration Cases: Lawyers who specialise in immigration cases help represent clients who have overstayed their visas or are attempting to change their visa status. They can also draft documents and guide them through the citizenship process. 

How do Advocates Prepare for Court Cases?

Legal dramas tend to trivialise the courtroom process when, in reality, lawyers spend several hours preparing for their cases. They conduct client interviews, speak with other related parties involved in the case, and devise a strategy with the attorney before they draft their case.

When we try to answer what does an advocate do, their work involves processes that are conducted in and outside of the courtroom. An advocate’s work outside of the courtroom helps them represent the case in front of a judge. 

These are the steps advocates take when they prepare for their court cases:

1. Mock Trial: Before the case is presented in court, many lawyers conduct a mock trial, where they can fine-tune their key talking points and identify weaknesses in their strategy.
2. Trial Strategy: Advocates must confer with the attorney and the client to draft a trial strategy. The advocate must present various approaches and get the client on board. This could include a plea bargain that can be presented to the court or a settlement figure that could save the case from going to trial altogether. 
3. Drafting documents: After the research has been completed, the advocate needs to draft pleas, motions, or an adjunction. Lawyers must draft clear and compelling documents that will help them state their case.
4. Legal Research: This step might require advocates to seek additional help from clerks or interns. Advocates search through relevant past cases to identify instances that could help their case. They also need to research applicable statutes and laws.
5. Gather evidence: The next step in the advocacy process is to gather evidence to support the client. This could include talking to witnesses or following the client’s chain of events.
6. Consult with the client: Once an advocate chooses to take on a client, they meet with them to understand their case from a first-person perspective.
7. Analyse the case: When an attorney approaches an advocate, the step step is for the advocate to study and analyse the case. This can help them decide if they have the resources and can represent the client in court.
8. Present the case in court: Advocates are fully prepared at this stage and are ready to present their case to the presiding judge.

Read more on What Does an Attorney Do

The Role of Junior Advocates vs. Senior Counsel

Advocates in the South African legal system are typically distinguished as Junior Advocates and Senior Counsel. Junior advocates are usually still building their practice and have less experience. Most junior advocates are fresh graduates who have recently joined the bar.

On the other hand, senior counsels are experienced advocates, sometimes referred to as Silks due to the expensive fabric of their gowns. The President of South Africa appoints Senior Counsels after receiving recommendations from the various Bars in the country. This is a prestigious position, and judges in South Africa are appointed from the pool of experienced Senior Counsels.

Let us examine some key differences between Junior Advocate and Senior Counsel.

How to Become an Advocate?

Advocates are highly respected and rewarding professions in South Africa. Individuals who wish to practice law in South Africa need to complete LLB. The Regenesys Law School offers a four-year undergraduate programme that students can complete either online or offline.

However, this is just the first step in becoming an advocate in South Africa. Before individuals are allowed to practice law, they need to pass the National Bar Examination Board exam.

These are the steps students need to take to become an advocate in South Africa.

1. Enrol in an accredited undergraduate law programme
2. Complete one year of pupillage under an experienced attorney
3. Prepare and pass the Bar Exam
4. Apply to the High Court for Admission into the profession
5. Enrol in Legal Practice Council
6. Apply to a Bar
7. Become a practicing advocate

Read more on How to Become an Advocate in South Africa

Conclusion

The legal framework in South Africa is in place to help provide justice to all the citizens and residents. Advocates in the country represent clients and help fight for their justice through ethical means backed by careful research.

People often wonder what does an advocate do. The roles and responsibilities of an advocate stretch beyond the courtroom. They are responsible for analysing the case to determine loopholes, interviewing all relevant parties, researching, and strategising before presenting a winning case in front of the presiding judge.

Check out Regenesys for more information regarding various law programmes, including a Bachelor of Laws (LLB).

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