How to Become a Lawyer in South Africa

Becoming a lawyer in South Africa is a rewarding but challenging journey that requires dedication, hard work, and a clear understanding of the legal profession. Lawyers in South Africa follow two primary career paths: attorneys and advocates. Each path requires specific qualifications and practical training, starting with an LLB degree. This article breaks down the steps needed to enter the legal field, including education, training, and specialisation.

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Understanding the Legal Profession

In South Africa, the legal profession is divided into two main branches:

1. Attorneys:
   • Attorneys handle a wide range of legal work, including drafting contracts, advising clients, and representing them in lower courts.
   • They work in law firms or as in-house counsel and maintain direct relationships with clients.
   • Attorneys usually need to complete articles of clerkship, practical legal training, and board exams before practising.
2. Advocates:
   • Advocates are specialist litigators who focus on courtroom advocacy and legal research.
   • They are briefed by attorneys when a case requires expert court representation or specialised legal knowledge.
   • Advocates work independently, usually in chambers, and must complete pupillage and pass the bar exam.

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Educational Pathways to Becoming a Lawyer

1. The LLB Degree

An LLB (Bachelor of Laws) degree is the foundation for becoming a lawyer in South Africa. There are three academic streams to earn an LLB degree:

• Four-Year Stream:
  • Designed for high school graduates.
  • Admission requirements:
    • A National Benchmark Test (NBT) is mandatory.
    • A minimum of 70% in Mathematics (or 60% for Mathematical Literacy) and English or Afrikaans.
    • A total average of at least 80%, excluding Life Orientation, is recommended.
• Three-Year Stream:
  • For students with a bachelor’s degree in a non-law field.
  • Requires a final-year average of at least 60%.
• Two-Year Stream:
  • For graduates of BA Law or BCom Law programs.
  • Requires a final-year average of at least 65%.
  • Students must continue at the same university where their BA Law or BCom Law was completed.

2. The LLB Curriculum

The LLB curriculum includes foundational legal subjects such as:

• First Year: South African private law, constitutional law, and family law.
• Second and Third Year: African customary law, corporate law, criminal law, and international law.
• Fourth Year: Administrative law, labour law, and electives like women in law or competition law.

Practical experience is encouraged through vacation work, where students gain insight into the legal profession and build their CVs.

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Practical Training: Attorneys vs Advocates

Path to Becoming an Attorney

1. Articles of Clerkship:
   • Work under a practising attorney for two years.
   • Alternatively, complete one year of articles and attend law school full-time for another year.
2. Practical Legal Training (PLT):
   • Covers legal skills, courtroom procedures, and board exam preparation.
3. Board Exams:
   • Must pass four exams:
     • Estates
     • Bookkeeping
     • Attorneys’ Practice
     • Court Procedures
4. Admittance as an Attorney:
   • Apply to the High Court with an affidavit and notice of motion.

Path to Becoming an Advocate

1. Pupillage:
   • A year-long unpaid apprenticeship under a senior advocate.
   • Provides hands-on experience in courtroom litigation and legal research.
2. Bar Exam:
   • Must pass the national bar exam to qualify as an advocate.
3. Admittance to the High Court:
   • Apply to be included on the roll of advocates, allowing independent practice.

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Timeline to Qualification

For most students, the journey to becoming a lawyer takes 6 to 7 years:

• Four years for the LLB degree.
• Two to three years for practical training, articles, or pupillage.

Becoming a lawyer in South Africa is a structured process that combines rigorous academic study, practical training, and specialised exams. Whether you aspire to be an attorney working directly with clients or an advocate specialising in court litigation, the path begins with an LLB degree and requires dedication and perseverance. With the right preparation and mindset, you can join the ranks of South Africa’s respected legal professionals.