Attorneys play a fundamental role in the legal landscape, advocating for individuals and organisations facing legal challenges. Their expertise is essential in civil and criminal law, providing vital support in navigating complex legal frameworks.
In South Africa, attorneys help clients understand their rights and obligations, ensuring that they are well-informed throughout legal proceedings. They also offer a wide range of services, from expert legal advice to drafting documents and appearing in court. Hence, for those considering a career in law or seeking legal assistance, understanding what an attorney does is essential.
In this article, we will answer the question, ‘What does an attorney do?’, exploring their top duties. We will also discuss the qualifications required to enter this profession and the various types of cases they handle within the South African legal system.
Table of Contents
Who is an Attorney?
Before we explore the question, ‘‘What does an attorney do?’, you must know who an attorney is. An attorney is a qualified legal professional who provides clients with legal advice, prepares necessary documents, and represents them in court. They play an essential role in assisting clients with various legal matters, whether civil or criminal. Moreover, they interpret laws, conduct thorough research on cases, and ensure that all relevant information, including official documents and previous pleadings, is considered. In short, attorneys protect their clients’ interests and guide them through the legal process.
Differences Between Attorneys, Lawyers, and Advocates
There is often confusion regarding the terms “attorney,” “lawyer,” and “advocate,” as they are frequently used interchangeably. However, they refer to distinct roles within the legal profession.
A lawyer is a general term for anyone who has completed a law degree (LLB) and works in the legal field. An attorney, on the other hand, is a lawyer who has passed the required board exams and has been admitted to the legal profession to practice law.
As we explore the definition of an advocate, you should know that advocates are specialists who primarily represent clients in court. Attorneys often call upon them when specialised advocacy skills are needed in higher courts.
Also, read our article on Advocate vs Attorney
What does an Attorney do?
Attorneys play a crucial role in the legal landscape, acting as advocates and advisers for clients facing a range of legal challenges. Understanding the answer to the question, ‘What does an attorney do?’ is essential for anyone considering legal action or seeking legal guidance.
Below are the key responsibilities that illustrate what an attorney does:
- Providing Legal Advice and Consultation: Attorneys offer expert guidance on legal issues, helping clients understand their rights and options. This involves clarifying complex legal matters and advising individuals, businesses, and organisations on navigating their legal affairs.
- Drafting Legal Documents and Contracts: An attorney’s primary duty is to draft various legal documents, including contracts, wills, and other agreements. They ensure that these documents comply with legal standards and serve the best interests of their clients.
- Conducting Case Research: To prepare for legal proceedings, attorneys conduct thorough research on their clients’ cases. This includes examining police reports, contracts, and prior legal pleadings to gather relevant information that informs their legal strategy.
- Developing Legal Strategies: Attorneys create effective strategies tailored to their clients’ cases. This often involves negotiating settlements and preparing for trial if necessary, always aiming to achieve the most favourable outcomes for their clients.
- Representing Clients in Court: When required, attorneys advocate for their clients in negotiations, mediations, and court proceedings. They ensure that their clients’ voices are heard and their legal rights are upheld throughout the legal process.
Understanding these responsibilities can give you insight into what an attorney do and the vital role they play in the legal system.
Types of Legal Cases Handled by Attorneys
As we explore the question, ‘What does an attorney do?’, you should know the types of cases they handle. Attorneys specialise in various areas of law, enabling them to effectively represent clients in a wide range of legal matters. Here are the main types of legal cases managed by attorneys:
- Criminal Law: The attorney’s role in this field involves defending individuals accused of crimes. They work diligently to ensure their clients receive a fair trial, challenge the prosecution’s evidence, and can either serve as defence attorneys or represent the state as prosecutors.
- Civil Law: Civil attorneys manage disputes involving individuals or organisations. This includes cases related to divorce, property disputes, personal injury claims, and breach of contract. They often seek resolutions through negotiation or litigation to protect their client’s interests.
- Corporate and Commercial Law: Corporate attorneys specialise in legal matters that affect businesses, such as company formation, mergers and acquisitions, and compliance with regulations. They advise businesses on legal risks and assist in drafting essential contracts and documents.
Also, read our article What Does a Corporate Lawyer Do?
- Family Law: Attorneys focusing on family law address legal issues related to family matters, including divorce, child custody, maintenance, and adoption. They support clients through emotionally challenging proceedings and work to achieve fair outcomes.
- Employment and Labour Law: Employment attorneys represent both employers and employees in disputes concerning labour laws, workplace conditions, and wrongful dismissal. They help ensure compliance with regulations and protect employee rights against discrimination or unfair treatment.
Attorney Qualifications: Path to Becoming an Attorney
Becoming an attorney in South Africa requires a commitment to education and practical training. That means aspiring legal professionals must follow a structured path that combines academic study with real-world experience. So, while you explore what an attorney does, you should know the qualifications that lay the foundation for the attorneys.
Below are the key qualifications and steps required to become an attorney in South Africa:
- Education Requirements: The first step is to complete a Bachelor of Laws (LLB) degree, which typically takes four years of study. Some individuals may opt to pursue a postgraduate law degree if they have already obtained an undergraduate degree in another field.
- Articles of Clerkship (Training Contract): After earning an LLB degree, candidates must undergo a two-year period of practical training known as articles of clerkship. During this time, they work under the guidance of an experienced attorney, gaining valuable hands-on experience in various aspects of legal practice.
- Board Exams and Admission to the Bar: Once the articles of clerkship are completed, candidates must pass the Attorneys’ Admission Examination. Successfully passing this exam allows them to be admitted to the Bar as practising attorneys, marking the final step in their journey to becoming qualified legal professionals.
Find out How To Become An Attorney In South Africa
Key Skills and Qualities Required For Attorneys
To excel in the legal profession, attorneys must possess various skills and qualities. These attributes not only help them advocate for their clients but also enable them to handle the challenges that come with legal practice.
Below are the key skills and qualities essential for success in the field of law:
- Communication Skills
- Research and Analytical Skills
- Attention to Detail
- Critical Thinking and Problem Solving
- Negotiation Skills
- Time Management
- Interpersonal Skills
Check out the 7 Skills for a Successful Law Career
Conclusion
Attorneys play a crucial role in the South African legal system, acting as advocates and advisors for clients facing various legal challenges. So, when we explore ‘What does an attorney do?’ you should know that their responsibilities go beyond representation. That means they provide essential guidance and develop tailored strategies for each case.
However, to become an attorney, individuals must complete a structured path involving an LLB degree, practical training through articles of clerkship, and passing the Attorneys’ Admission Examination. Hence, for those considering a legal career or seeking assistance, understanding the role of an attorney is essential. Their expertise protects clients’ rights and contributes to a fair and just legal system.
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FAQs on What Does An Attorney Do?
What does an attorney do?
The responsibilities of an attorney encompass offering legal consultations, drafting contracts, conducting case research, creating strategies, and representing clients in negotiations and court, essential for navigating legal challenges.
How to become an attorney in South Africa?
To become an attorney in South Africa, you must complete an LLB degree, undergo a two-year article of clerkship, and pass the Attorneys’ Admission Examination to qualify for legal practice.
What types of cases do attorneys handle?
Attorneys manage various cases, including criminal, civil, corporate, family, and employment law, enabling effective representation of clients across diverse legal matters.
What skills do attorneys need?
Key skills for attorneys include strong communication, research, analytical abilities, attention to detail, critical thinking, negotiation, time management, and interpersonal skills, which are crucial for successful legal practice.
What is the difference between an attorney and an advocate?
An attorney provides legal advice and represents clients in various legal matters, while an advocate primarily specialises in courtroom representation and is often called upon for specialised advocacy in higher courts.
