Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter.

Trust Account Advocate – A relatively new concept

The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions. A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral advocates and Trust Account Advocates.

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states: 34 Forms of legal practice (1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service. (2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law- (i) upon receipt of a brief from an attorney; or (ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b). (b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she- (i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87; (ii) has notified the Council thereof in terms of section 30 (1) (b) (ii). (c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf is a Trust Account Advocate. He may, therefore, obtain work directly from the public. When clients pay him in advance for legal services, they pay the fees into his Trust Account.

Posted on 11 February 2025 by Telelaw

Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter.

Trust Account Advocate – A relatively new concept

A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states:

34 Forms of legal practice

(1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service.

(2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-

(i) upon receipt of a brief from an attorney; or

(ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b).

(b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-

(i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;

(ii) has notified the Council thereof in terms of section 30 (1) (b) (ii).

(c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Our Legal Question of the day: I am in an abusive relationship. Is there help out there?

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Set up a Consultation with us.[/caption] No one deserves to be in an abusive and controlling relationship or be a victim of abuse. The causes and symptoms of abusive and controlling, romantic relationships vary. However, the unfortunate reality is that many decent people are trapped in one. And what is sad, is that they do not know how to get out of the toxic relationship, or to make it stop. There are many reasons why people remain in an abusive and controlling relationship. Some depend on the abuser for financial support, and others believe that they cannot or won’t get better should they leave their abuser. The even more bitter scenario is when you remain in the abusive relationship for the sake of the children.

We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email.

Family Abuse

Then there are other types of abusive relationships. They comprise of a parent abusing his or her child, or a brother abusing the sister. Even neglecting a child is abuse. This can happen when parents deprive their children economically, of decent clothing, food and shelter. The list goes on. The law terms the above type of abusive relationships under the banner of Domestic Violence. At the same time, the law affords victims of domestic violence help. The applicable legislation is the Domestic Violence Act, 116 of 1998.

What is a Domestic Relationship?

As you would see below, domestic violence is any controlling or abusive behaviour inflicted to someone in a domestic relationship. Therefore, in short, according to the Act, a domestic relationship is between family members, people living together, or people who were in a romantic relationship. You do not have to be married to someone to seek help from the law. An adopted child can also seek protection from the Domestic Violence Act. This makes it very convenient as most domestic relationships are covered by the Domestic Violence Act.

Therefore, what is domestic Violence?

The Domestic Violence Act defines it as follows:

Physical abuse;
Sexual abuse;
Emotional, verbal and psychological abuse;
Economic abuse;
Intimidation;
Harassment;
Stalking;
Damage to property;
entry into the complainant’s residence without consent, where the parties do not share the same residence; or
Any other controlling or abusive behavior towards a Complainant.

Now, as you can see, the ambit of domestic violence is quite broad. It should cover most situations.

How to stop the abusive behavior?

Now we deal with the crux of our question and answer segment on Domestic Violence. How can you make it stop? If you are a victim of domestic violence, and you want protection, you should visit your local Domestic Violence Court and obtain a Protection Order. For an outline on how to apply, visit this article named ABC guide on how to obtain a Protection Order. Even though you are seeking protection from the law, you can still maintain a relationship with the person, but he or she would be interdicted from committing any acts of domestic violence against you. If he or she again commits an act of domestic violence, after you obtained an interim, or final Protection order, the law would ensure that he or she gets punished.

Final words to victims of Abuse

If you are a victim of abuse, remember the law is there to protect and help you. Unfortunately, the law cannot change people’s personalities. It further cannot make someone love you or care for you the way they should, or you want them to. However, if you have no option but to remain in a relationship, with your spouse, lover, or other significant person, seek protection. Most times, that is the best you can do for yourself and those close to you.

Sharing is Caring

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Contact us today[/caption] This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

Posted on 11 February 2025 by Telelaw