Attorneys and Trust Account Advocates
Attorneys are legal practitioners who deal directly with clients. They offer a wide range of legal services, including:
General Legal Services
- Legal advice and consultation
- Drafting contracts and legal documents
- Negotiating settlements
- Managing estates and wills
- Conveyancing (property transfers)
Litigation and Representation
- Represent clients in lower courts (e.g., Magistrates’ Courts)
- Prepare cases for trial and may brief advocates for higher court appearances
Specialised Legal Services
Attorneys often specialise in specific areas of law, such as:
- Criminal law – defending or prosecuting criminal cases
- Family law – divorce, custody, maintenance
- Labour law – workplace disputes, unfair dismissals
- Corporate law – business contracts, mergers, compliance
- Property law – real estate transactions, evictions
- Intellectual property law – trademarks, patents, copyrights
- Civil litigation – personal injury, breach of contract, defamation
Advocates
Advocates are litigation specialists who typically appear in higher courts (e.g., High Court, Supreme Court of Appeal). They are usually briefed by attorneys and do not deal directly with clients unless they are trust account advocates.
Types of Advocates
Under the Legal Practice Act, there are two (2) main categories:
- Referral Advocates
- Work on instructions from attorneys
- Cannot accept briefs directly from the public
- Focus on courtroom advocacy and legal opinions
- Trust Account Advocates (Direct Access Advocates)
- Can accept instructions directly from clients
- Must hold a Fidelity Fund certificate
- Can manage trust accounts and offer broader legal services
Services Offered
- Court appearances in complex or high-level cases
- Legal opinions and advice on intricate legal issues
- Drafting pleadings and heads of argument
- Appeals and constitutional matters
