Adv. Dwight Snyman

Your Complete Guide to Working With An Advocate in South Africa

Everything attorneys need to know about how to collaborate with an advocate to create winning strategies and litigation success for their clients.

One of the most important factors in successful litigation is the working relationship between the Attorney and the Advocate. 

This is often overlooked, with attorneys and advocates alike rushing to tick off boxes like ‘strategy’, ‘drafting’, ‘submission of documents’, etc without recognising that all of these elements – while very important – live or die on the success of the attorney/advocate relationship.

On the other hand, if you know how to nurture this relationship from the beginning, you not only increase your chances of litigation success significantly, but you will also find that your instincts for strategy and execution develop in more precise and meaningful ways.

Let’s dive right in.

How To Find The Right Advocate

Everything starts with finding the right Advocate for your case. The Advocate you choose can significantly impact the outcome of a case, which is why it is important that attorneys look for an advocate whose expertise, litigation style, and strategic approach align with the needs of their client and case.


1. Identify the Legal Specialisation Required

Advocates often specialise in specific areas of law. As an attorney you want to match the advocate’s experience and expertise with your client’s case type.

Commercial disputes? Look for an advocate experienced in corporate litigation and contract enforcement. Urgent interdicts? Seek an advocate well-versed in High Court urgent applications. Criminal or constitutional matters? Find an advocate with a strong track record in criminal defense or constitutional litigation.

It is also important to note that some cases can be more complex, requiring an understanding of more than one area of law and experience litigating in a variety of different legal forums.

In this instance, it is useful to look for Advocates who have a proven track record in a number of different areas, and can provide dynamic strategies as a result of this experience.

✅ Pro Tip: Review an advocate’s previous cases and legal focus areas before making contact.

2. Research the Advocate’s Track Record

An advocate’s litigation experience and success rate can indicate how well they handle complex cases. You can:

  • Check professional profiles on LinkedIn, legal directories or bar associations.
  • Ask for recommendations from other attorneys in the same practice area.
  • Review published case law where the advocate has successfully argued cases.

✅ Pro Tip: An advocate with a proven ability to win cases similar to yours is a strong candidate.

3. Assess Communication & Strategic Thinking

An effective advocate must be able to understand complex legal issues quickly and communicate clear, persuasive arguments. Before briefing, you should:

  • Look for an advocate who actively engages with you, values collaboration, and provides valuable insights during discussions.
  • Have an initial discussion to gauge the advocate’s understanding of the case.
  • Assess the advocate’s ability to identify key legal and procedural strategies.

✅ Pro Tip: A great advocate doesn’t just argue a case—they help attorneys strategise from the outset and value collaboration as an integral part of the process.

4. Consider the Advocate’s Availability & Responsiveness

Some highly sought-after advocates may have limited availability, which can delay urgent matters. You should:

  • Ask about current caseload and availability for urgent applications.
  • Ensure the advocate has time to thoroughly prepare the case.
  • Choose an advocate who is responsive and proactive in legal discussions.
  • Consider up and coming advocates who are still growing their practice but have a proven track record of success.

✅Pro Tip: Timely and strategic input from an advocate can be the difference between success and failure.

5. Build a Long-Term Professional Relationship

Successful attorneys often work with a consistent set of trusted advocates, ensuring:

  • Better case outcomes through familiarity with each other’s working styles.
  • More efficient collaboration, reducing back-and-forth on case strategy.
  • Stronger professional networks, leading to better referrals and legal insights.

✅ Tip: Developing a strong working relationship with an advocate can lead to more efficient and effective case management over time.

Best Practices for Briefing an Advocate

Now that you have identified the right advocate, you have an opportunity to take your chances of success to the next level by ensuring that you optimise the briefing process.

1. Clarity in Instructions and Case Strategy

When briefing an advocate, precision matters more than you might realise. You should:

  • Ensure that you have already compiled all of the details of your client’s case.
  • Clearly define the legal issue and desired outcome.
  • Summarise key facts and evidence concisely.
  • Highlight any potential weaknesses or procedural hurdles.
  • Avoid vague or overly broad briefs, a well-structured instruction improves advocate preparation and court strategy. 

✅ Pro Tip: Don’t just provide a well structured written brief, meet with the Advocate to discuss the brief and ensure that any queries or concerns are addressed upfront.

2. Providing Complete and Well-Organised Case Documents

Advocates rely on thorough documentation to build strong legal arguments. You should ensure:

  • All pleadings, contracts, evidence, and correspondence are well-organised.
  • Court filings and case law references are provided where relevant.
  • Clear timelines of key events are included.
  • You request that once the advocate has gone through the documents, they provide you with a list of any outstanding documentation that they believe could strengthen the case strategy, and you source and send these back to them as quickly as possible. 

✅Pro Tip: A chronological case file helps advocates quickly grasp case details and identify procedural strategies.

3. Early Briefing for Strategic Planning

Rushed, last-minute briefings often lead to weakened legal arguments and so, where possible, it is always advantageous to brief an advocate in advance. Briefing an advocate early allows for:

  • Pre-litigation consultation to assess case strengths.
  • Strategic court applications before urgent deadlines.
  • Sufficient time for advocates to research legal precedents.

✅ Pro Tip: Early collaboration ensures well-prepared, persuasive court arguments and procedural adherance that gets the court on your side even before your matter is heard.

Optimising Communication Between Attorney and Advocate

The Holy Grail of litigation, top quality communication between the attorney and advocate. 

Think about it like this, in order for you to litigate successfully you need to communicate a well structured case to the court and adhere to all procedural requirements. 

Well, you won’t be able to achieve this if you don’t first ensure that you are optimising the quality of your communication with the advocate.

1. Establishing a Clear Communication Protocol

Attorneys and advocates should define communication expectations upfront:

  • Preferred methods (email, calls, in-person briefings).
  • Frequency of updates and case progress discussions.
  • Clear response timelines to maintain efficiency.

✅ Pro Tip: Regular case check-ins help align legal strategy and avoid miscommunication or missed deadlines.

2. Leveraging an Advocate’s Expertise for Legal Argumentation

Advocates specialise in persuasive court argumentation. Attorneys can:

  • Discuss possible procedural objections and counterarguments.
  • Refine legal submissions and heads of argument collaboratively.
  • Use the advocate’s expertise to anticipate judicial concerns.
  • Slow down and make sure that you have broken down every aspect of the strategy step-by-step with the advocate and that everyone is aware of what needs to be done next, and by when, in order to optimise your chances of success.

✅ Pro Tip: Attorneys should engage in legal strategy discussions, rather than just handing over a case file. This will greatly improve case strategy, a well-prepared advocate is a stronger advocate in court.

Outlining Cost Structures Upfront

One of the most overlooked yet critical aspects of optimising communication between attorneys and advocates is ensuring that cost expectations are clearly defined from the outset.

Misunderstandings regarding fees and billing structures can create friction, delay case progress, and, in some instances, strain professional relationships.

By outlining cost structures upfront, attorneys and advocates streamline collaboration and ensure transparency for their clients.

1. Understanding How Advocates Charge

Advocates in South Africa typically charge on the basis of:

  • Hourly rates – Billed per hour or portion thereof.
  • Daily rates – Often used for trials and lengthy court appearances.
  • Brief fees – A set fee for preparation and first day of court proceedings.
  • Refresher fees – Additional daily fees for continued court appearances.
  • Consultation fees – For legal opinions and strategy meetings outside of court.

✅ Pro Tip: Attorneys should always confirm whether an advocate’s fees are inclusive of VAT and whether they require an upfront deposit before proceeding with work.

2. Providing Cost Estimates to Clients

Attorneys act as intermediaries between their clients and the advocate, and part of that role involves ensuring cost transparency. Before instructing an advocate, attorneys should:

  • Obtain a clear fee estimate from the advocate.
  • Discuss anticipated costs with the client and gain approval.
  • Clarify potential additional expenses, such as travel, expert consultations, or extended court appearances.

✅ Pro Tip: A well-structured cost agreement upfront helps manage client expectations and prevents disputes over legal fees.

3. Addressing Fee Variability in Litigation

Litigation is unpredictable, and fees may increase if the matter becomes more complex. To avoid disputes, attorneys should:

  • Discuss scenarios that could impact costs (e.g., additional court days, urgent filings).
  • Ensure the advocate provides regular updates on work completed and related costs.
  • Set up milestone-based fee approvals for prolonged matters.

✅ Pro Tip: Proactively discussing potential cost escalations builds trust and ensures smoother financial management throughout the case.

4. Confirming Payment Terms and Billing Cycles

To avoid last-minute financial issues, attorneys and advocates should agree on:

  • Billing frequency (monthly, per stage of litigation, or upon case completion).
  • Payment deadlines and late payment policies.

✅Pro Tip: Having a written agreement on payment terms prevents disputes and ensures financial clarity for both parties.

Litigation Strategy: Maximising Success in Court

The best way to optimise a successful court appearance is to understand both the roles and responsibilities of the attorney and those of the advocate. When you collaborate closely with an advocate based on this understanding, you greatly improve your chances of success.

1. Understanding the Advocate’s Role in Court Proceedings

While attorneys handle client interactions and case administration, an advocate’s role is to:

  • Craft compelling legal arguments before a judge.
  • Cross-examine witnesses with precision and strategy.
  • Handle urgent applications, interdicts, and appeals in the High Court.

✅Pro Tip: Attorneys should ensure that their court papers align with the advocate’s intended argument for consistency.

2. The Importance of Procedural Precision

Many cases are won or lost due to procedural missteps rather than substantive legal arguments. You should:

  • Ensure all filings and submissions comply with court deadlines.
  • Confirm that legal documentation is formatted correctly.
  • Seek the advocate’s guidance on procedural complexities early.

✅ Pro Tip: A case well-prepared procedurally and substantively is a case well-positioned for success.

How a Strong Advocate-Attorney Relationship Leads to Better Outcomes

The key to winning in litigation isn’t just knowing the law—it’s about how well attorneys and advocates work together to build airtight legal arguments, navigate complex procedures, and present compelling cases in court.

When attorneys strategically select the right advocate, provide clear, well-structured briefs, and establish seamless communication, they lay the foundation for a more effective, streamlined litigation process—one that maximises success for their clients.

Beyond just court appearances, a skilled advocate is a strategic partner—someone who refines case arguments, strengthens procedural execution, and provides valuable legal insight to ensure that no detail is overlooked.

Key Takeaways for Attorneys

  • Choose the right advocate based on experience, responsiveness, and legal specialisation.
  • Brief your advocate effectively with clear case strategy, complete documentation, and early engagement.
  • Maintain strong communication to align litigation strategy and procedural execution.
  • Leverage an advocate’s expertise for deeper legal insights and powerful courtroom advocacy.

Remeber, litigation success isn’t just about the strength of your case—it’s about the strength of your team.

If you’re looking for an advocate who understands strategic litigation and values collaboration, contact Adv. Dwight Snyman today.

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