The people in the legal system have distinct, regulated roles — and knowing who does what protects you from paying the wrong person for the wrong service. A plain-language guide to the professions, including how to verify a practitioner.
The Short Answer
An attorney is the general practitioner of law — the person you approach directly, who manages your matter, holds money in trust, and briefs specialists when needed. An advocate is a specialist litigator, usually briefed by an attorney rather than hired directly by the public. Magistrates and judges decide cases. Prosecutors act for the state in criminal matters. The sheriff executes court orders. The Master of the High Court supervises deceased estates, trusts, and insolvencies.
Both attorneys and advocates are 'legal practitioners' under the Legal Practice Act 28 of 2014, admitted by the High Court and regulated by the Legal Practice Council (LPC). Anyone offering legal services for a fee who is not admitted and enrolled is acting unlawfully — and you have no fidelity fund protection when things go wrong.
Attorneys
Attorneys complete a law degree, serve a period of practical vocational training (formerly called articles), pass competency examinations, and are admitted by the High Court. They deal directly with the public, run trust accounts audited under strict rules, and must hold a Fidelity Fund Certificate to receive money on your behalf. The Legal Practitioners' Fidelity Fund exists to compensate members of the public whose money is stolen by a practitioner — but only where the practitioner held a valid certificate.
Attorneys appear in Magistrates' Courts as of right, and in the High Court if they have acquired the right of appearance. For most matters — contracts, debt, labour, estates, property — an attorney is the correct first port of call.
Advocates
Advocates practise at the referral Bar: they take instructions from attorneys, not directly from the public, and specialise in courtroom advocacy and written opinions. When your matter goes to trial in the High Court, your attorney will typically brief an advocate to argue it. The Legal Practice Act also created a category of trust-account advocates who may take instructions directly from the public — they must hold Fidelity Fund Certificates like attorneys.
The distinction matters for your wallet: you generally cannot walk into an advocate's chambers off the street, and anyone presenting themselves as an 'advocate' offering direct services should be verified against the LPC's records before any money changes hands.
Candidate Attorneys, Paralegals, and Consultants
A candidate attorney is a law graduate serving supervised practical training inside a firm — they may do substantial work on your matter under an admitted attorney's supervision and responsibility. Paralegals and legal consultants perform legal support work — research, document preparation, intake, administration — but may not practise law for a fee in their own name.
A properly run legal services business is transparent about this: work is done under the name and professional responsibility of an admitted practitioner, and you are told who carries that responsibility for your matter. If a business cannot tell you which admitted practitioner is accountable for your matter, that is a red flag.
Judges and Magistrates
Magistrates preside in the District and Regional Magistrates' Courts. Judges preside in the High Courts, the specialist superior courts, the Supreme Court of Appeal, and the Constitutional Court. Judges are appointed by the President on the advice of the Judicial Service Commission (JSC), which interviews candidates in public — the interviews are recorded and widely reported, and civil society organisations monitor the process closely.
You address a magistrate as 'Your Worship' and a judge as 'My Lord', 'My Lady', or increasingly simply 'Judge'. Both are bound by judicial codes of conduct, and complaints against them go to the Magistrates Commission and the Judicial Conduct Committee respectively.
Prosecutors, Sheriffs, and the Master
Prosecutors are employed by the National Prosecuting Authority and decide whether to charge and how to conduct criminal trials on behalf of the state — they are not your lawyer, even when you are the complainant. The sheriff of the court is an independent officer appointed to serve court documents and execute court orders, including attachment and removal of goods. If a sheriff arrives at your door, the documents they serve tell you exactly what stage a matter has reached — read them carefully and get advice immediately, because statutory clocks are usually already running.
The Master of the High Court supervises the administration of deceased estates, insolvent estates, trusts, and the Guardian's Fund. Anyone winding up a family member's estate will interact with the Master's Office — it is a creature of statute with specific forms, timelines, and requirements.
How to Verify Any Legal Practitioner
The Legal Practice Council maintains the roll of all admitted attorneys and advocates and can confirm whether a person is enrolled and in good standing. Before paying anyone for legal services: confirm their enrolment with the LPC, confirm the firm's trust account details in writing directly from the firm, and be cautious of anyone who asks for payment into a personal bank account.
If something goes wrong, complaints against practitioners are lodged with the LPC, which has disciplinary powers including striking a practitioner from the roll. Where trust money was stolen and the practitioner held a Fidelity Fund Certificate, a claim against the Fidelity Fund may be possible.
Official resources and further reading
- Legal Practice Council — verify a practitioner's enrolment, lodge complaints, and find provincial offices
- National Prosecuting Authority — how prosecutions work and prosecutorial policy
- Judiciary of South Africa — the courts, judges, and judicial conduct processes
- Department of Justice — Master's Offices — deceased estates, trusts, and Guardian's Fund services
- Judges Matter — civil society monitoring of judicial appointments — JSC interview coverage
This article is published for general information only. It does not constitute legal advice and does not create an attorney-client relationship. The law may have changed since publication. For advice specific to your situation, contact Midford Legal Consultants.