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Home » Understanding the difference between an advocate and an attorney
Opinion

Understanding the difference between an advocate and an attorney

A guide for LLB graduates and students who aspire to be legal practitioners, by Moafrika Wa Maila.
Moafrika Wa MailaBy Moafrika Wa MailaJanuary 15, 2026Updated:January 15, 2026No Comments
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Advocate Moafrika Wa Maila. Picture: Facebook
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  • Attorneys consult directly with clients, manage varied administrative work, and often interact with the public.
  • Advocates specialise in court representation, building personal brand and expertise mainly in superior courts.
  • Career choice depends on personality, work style, and whether you prefer administration, client interaction, or court litigation.

A most frequently asked question in my inbox from LLB graduates and students is about career paths. Many are confused between being an attorney or advocate.

I cannot advise; I will rather lay bare the facts and let you choose. Read carefully and weigh the advantages and disadvantages.

  • An attorney consults directly with clients, bringing members of the public. An advocate receives briefs from Attorneys and does not usually consult directly with the public. I am not addressing the camouflage practice of advocates having trusts.
  • An attorney has a law firm with staff such as secretaries, assistants, messengers, and office administrators. Advocates usually have light administration, often only a secretary or personal assistant to manage operations.
  • Attorneys provide varied services, including road accident fund claims, estates, letters of demand, insurance settlements, and other legal work. Advocates focus on court representation, drafting, and structuring arguments.
  • Attorneys have a broad scope of court appearances in lower courts such as regional, district, maintenance, and children’s courts. Advocates primarily operate in superior courts and require authorization from an attorney to appear in lower courts.
  • Attorneys can operate anywhere in a community, even from home. Advocates must be members of the bar, build credibility, and often learn from senior counsels to function at the Supreme Court level.
  • Attorneys can secure work easily through walk-ins, while advocates rely on preference and recommendations from attorneys.
  • Attorneys often handle less demanding legal work as they interact with laypeople, whereas advocates face pressure representing clients in court and working with knowledgeable attorneys.
  • Attorneys usually bear the operational costs of court proceedings, paying sheriffs and messengers. Advocates research, draft, and send documents to Attorneys, who process the entire matter.
  • When working together, attorneys face administrative pressure in preparing cases, while advocates face pressure in court addressing the judge.
  • Attorneys can advertise their services and attract clients, while advocates build a reputation and experience to secure proper briefs.
  • To become an attorney, one must serve articles; to become an advocate, one must serve pupillage. Pupillage is often more demanding and may involve fees without guaranteed salary, while articles allow for basic sustenance.
  • Attorneys may not be widely recognized for their legal skills, with reputations often based on scrupulousness or corruption. Advocates are known for their legal expertise, and their work shapes their personal brand.
  • Attorneys rarely become national figures. Advocates often gain visibility as cases in superior courts attract national interest.

Our profession often shows bias toward trusted advocates or attorneys handling high court matters. I advise all practitioners to stick to traditional legal practice, but every person must make their own choice.

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Moafrika Wa Maila

President of Active African Christians United Movement, Advocate of High Court, motivational speaker, and leadership consultant.

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