Thursday, 14 September 2017
To be or not to be: an Attorney or an Advocate.
An advocate is a court and procedural specialist. Very few people succeed at being advocates, as they rely on attorneys to brief them. I suspect this will remain so under the new Act, despite the allowance of some advocates to then be briefed directly.
An advocate must litigate to survive.
As an attorney, I prefer to settle matters outside of court, and can make money drafting things like contracts. I deal directly with the public and set about solving their various problems, and disputes, and advising them of their rights and remedies in terms of the law, and assisting them as regards such.
If you have any conflict between the two, become an attorney. That said, even that is a very difficult route. It doesn't involve a year without money, which new advocates must endure, if they become pupils. However, it is take no prisoners, candidate attorneys often earn a pittance, and many entry level legal jobs pay slaves' wages, and overwork the associates involved.
Success can be found in both the bar and the attorney's profession, but you will fight for your dinner every night.
I could not see myself doing anything else, but unless you have the killer instinct and the ability to harm in a lawful and self controlled manner, don't become either. Rather then be a legal advisor or countless other jobs.
Question: What is the difference between an attorney and an advocate?
An attorney is a general practitioner of the law, who interacts with and is briefed by the public. They do everything from giving general legal advice, to the drafting of wills and contracts.
Most matters an attorney deals with never make it to court. We are like your doctor, who you see when you are ill. An advocate is a trial specialist. They specifically specialise in the procedure and process of court.
Many advocates even draft court notices for their attorneys, and in the case of High Court, appear for their attorneys, and co-sign the pleadings, unless an attorney has Right of Appearance in the High Court.
An advocate is briefed by an attorney, and the attorney deals with all the privileges of being someone dealing with the general public.
In terms of the new Legal Practice Act, an advocate will be able to be briefed directly by the public if they set up a trust account and follow those sorts of requirements. However, most advocates are unlikely to do so, because attorneys are less likely to use them at court, if they are competing with them.
Who is Marc Evan Aupiais?Attorney; Writer; Enthusiast of Germanic, Celtic, & Romance languages, with a love of exploring law, speech, legal systems, linguistics, sociology, & int. news.
I have always been fascinated with the law. By chance, it happens to be my field. I am an admitted attorney of the High Court of South Africa, as of 28 January 2016.
It was my fellow students' suggestions, in the final years of school, that I might be suited to a career in law, along with long discussions with a friend of mine - which imbued me with a keen interest in the history, language, and laws of the Roman Empire - that made me realise that law was the choice of career that best suited the ideas and plans I had for the future. I enrolled in an LLB degree at Wits University and subsequently graduated Bachelor of Laws a few years later.
I completed, with distinction, the Law Society's Legal Education and Development (L.E.A.D) School for Legal Practice program. I am pleased to have had the privilege of having served at two very different firms during my articles, giving me a much broader experience of work in the profession.
I believe success requires not just hard work, but intelligence, perseverance, humility, integrity, ingenuity, diligence, a strong work ethic, and the courage to request the assistance of those better-versed in a matter, or field.
I am passionate about the place of my birth, South Africa and am proud to be a patriot and citizen of this diverse and beautiful nation. I consider myself a global citizen and keep connections in a number of different nations across the world. Communicating with people from other cultures, I believe, has aided me to have a more open-minded approach in so far as how I see and interact with the world.
The cultures and legal systems, morals, and courtesy systems, languages, intricacies and religions of South Africa and of the world, are subjects I love to research. I extensively enjoy reading and writing, and in keeping abreast with important events occurring in other countries, I find my knowledge of other languages, especially French, to be quite useful.
Law & Career
Law firms I have worked at include: DL Wilson Attorneys in Randburg North, Desmond Barry Attorneys in Morningside, Sandton, Botha & Sutherland Attorneys in Aukland Park, Johannesburg. I currently work as a Consulting Attorney for Serina Govender Inc. Attorneys-at-Law. My professional website will tell you more about me, where you might want to subscribe to my professional blog . I also edit and write for the SACNS, write breaking news for a multinational service called InfosNews Breaking News, and act as a correspondent for the popular french language Les News service.
Novels I have written include
A Lesser Instinct | My first foray into the world of long form fiction.
Read it without payment - on Scribd.
Podcasting and YouTube
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