When you need legal help, you might wonder: Do I need an attorney? Should I be speaking to an advocate, conveyancer, or even a notary?

These titles are often used interchangeably, but in South African law they refer to distinct roles with different qualifications and billing structures. Knowing who does what ensures you consult the right professional for your situation.

👩‍⚖️ Attorneys: Your Legal Guide

An attorney is usually the first person you turn to when you need legal advice or representation. Attorneys:

• Consult with clients and provide tailored legal advice;
• Draft contracts, wills, and agreements;
• Represent clients in Magistrates’ Courts and (with the right of appearance) in the High Court; and
• Handle litigation, debt collection, divorces, employment disputes, and more.

👉 How attorneys bill: Attorneys typically charge on an hourly basis, keeping time records of consultations, drafting, court preparation, and appearances. Some services may be charged on a fixed-fee basis (like a basic will or debt collection), but in most matters, the final cost depends on how much time and expertise is required.

Think of your attorney as your legal partner, managing your case and guiding you through the process.

⚖️ Advocates: The Courtroom Specialists

An advocate is a specialist legal practitioner who typically works on referral from an attorney. They:

• Focus on courtroom advocacy and legal argument;
• Are experts in complex legal research and drafting opinions; and
• Represent clients in higher courts, often wearing the traditional robe.

To become an advocate, a law graduate must complete a pupillage programme (usually one year) under the guidance of a senior advocate, followed by passing the National Bar Examination. This additional training ensures advocates are highly skilled in courtroom advocacy and legal analysis.

👉 How advocates bill: Advocates don’t usually bill the client directly. Instead, they invoice the attorney (law firm) that briefed them, and the attorney incorporates those costs into the client’s overall bill. Advocate fees are based on the complexity of the matter, the seniority of the advocate (junior vs senior counsel), and the amount of time spent in court or on preparation.

🏡 Conveyancers: The Property Experts

A conveyancer is an attorney who has passed an additional examination and been admitted to practice as a conveyancer. They handle property law matters such as:

• Registering property transfers at the Deeds Office;
• Drafting and registering mortgage bonds;
• Advising on subdivisions, consolidations, and sectional title schemes; and
• Ensuring property transactions comply with all legal requirements.

👉 How conveyancers bill: Conveyancing work is charged according to tariff-based fees published by the Legal Practice Council (formerly the Law Society). These fees are largely standardised across South Africa, based on the value of the property being transferred. This means buyers and sellers can expect fairly consistent charges for transfer and bond registration costs, no matter which firm they use.

If you are buying or selling a property, the conveyancer ensures that the ownership is transferred legally and correctly.

✒️ Notaries: Guardians of Authentic Documents

A notary (or notary public) is an attorney who has passed a specialist notarial exam and is admitted to perform notarial work. Their role is to:

• Draft and authenticate important legal documents such as antenuptial contracts, servitudes, and notarial bonds;
• Witness and certify the signing of documents that need to be officially recognised by courts or government bodies;
• Register antenuptial contracts before marriage - without which couples are automatically married in community of property; and
• Handle documents for use abroad (apostilles, authentications, legalisations).

👉 How notaries bill: Notarial work is generally charged at set fees, which depend on the type of document. For example, antenuptial contracts and notarial bonds are priced according to published guidelines, while smaller certifications or authentications may have fixed charges. This ensures clients know upfront what a notarial service will cost.

In short, a notary ensures that certain key legal documents carry full force of law and cannot be disputed.

How They Work Together

• Attorney: Advises and manages your case, billing mainly by the hour.
• Advocate: Specialist litigator, with additional training, briefed and paid through your attorney.
• Conveyancer: Registers property and bond transfers, billing according to set tariff-based fees.
• Notary: Drafts and authenticates key documents, usually billing fixed fees based on document type.

VDM Attorneys - A Full Service Law Firm

Each of these legal professionals plays a unique role in South Africa’s legal system. At VDM Attorneys, we combine the expertise of attorneys, litigators, conveyancers, and notaries under one roof - offering you a comprehensive legal service tailored to your needs.

And where a matter requires the input of a specialist advocate, VDM Attorneys can brief and hire the right advocate on your behalf, ensuring you get expert representation without the stress of managing it yourself.

📞 Contact VDM Attorneys today for guidance - whether you need courtroom representation, property transfer assistance, or a notarial antenuptial contract.