When Do You Need an Attorney?

Legal problems can keep you awake at night: a letter from a lawyer, trouble at work, a family dispute. Many people wonder whether they really need an attorney, and worry that they cannot afford one. It helps to know when an attorney is essential and when other help will do.

What is happening

In South Africa, attorneys and advocates are "legal practitioners" regulated by the Legal Practice Act and must be enrolled with the Legal Practice Council (LPC). An attorney is usually your first point of contact. They give advice, write letters, draft documents like wills and contracts, and run your case. Advocates are specialists in court argument and are usually briefed by an attorney. Attorneys who hold client money should have a Fidelity Fund certificate, which offers some protection if trust money is stolen.

Not every problem needs an attorney. Some matters have free or low-cost routes built for ordinary people:

• The CCMA or a bargaining council for many workplace disputes.
• The maintenance court and the small claims court, where you can go without a lawyer.
• Rental Housing Tribunals for many landlord and tenant disputes.
• Ombuds for consumer, banking, insurance and motor complaints.

However, some situations are serious enough that you should speak to an attorney quickly, because missing a deadline or saying the wrong thing can have big consequences.

Is this you?

• You have received a summons or court papers.
• You have been arrested, charged or asked to give a statement to police.
• Someone is trying to evict you or take your property.
• You are going through a divorce with children, property or a pension involved.
• A family member died and the estate is complicated or disputed.
• You are about to sign a contract involving a lot of money or a house.

30-second self-check

Answer yes or no to each question.

• Is there a court date or deadline in writing?
• Could you lose your home, job, children or freedom?
• Is a large amount of money involved?
• Is the other side already using an attorney?
• Do you feel unable to understand the documents you received?
• Have free routes like an ombud or tribunal not helped?

0-1 yes: A free service, advice office or ombud may be enough to start.
2-3 yes: Get at least one consultation with an attorney to understand your options.
4 or more yes: Speak to an attorney or Legal Aid South Africa urgently, before any deadline passes.

What you can do next

• Today: Put all letters, contracts and messages in one folder, in date order. Circle any deadlines.
• This week: Check if you qualify for Legal Aid South Africa. If not, ask two or three attorneys for a first consultation and their fee in writing.
• This month: Agree on a clear fee arrangement before work starts. Ask for regular updates and invoices.
• Check that your attorney is enrolled at lpc.org.za before you pay anything.
• Ask whether mediation could solve the matter faster and more cheaply.
• In injury and some other claims, attorneys may work on a contingency, or "no win, no fee", basis. Read the agreement carefully and ask what percentage they take.
• If you are unhappy with an attorney's conduct, you can complain to the Legal Practice Council, and there is also a Legal Services Ombud.

Your tool

Legal Needs Triage - answers a few questions about your situation, then shows the kind of legal problem it is, how urgent it looks, and which professional or free service to approach first.

When to get professional help

Speak to an attorney when your liberty, home, children, job or significant money is at stake, when there are court papers, or when the other side has a lawyer. If you are not sure, a single consultation often gives clarity and peace of mind.
Who can help: attorney_general, attorney_family, attorney_labour, attorney_estates, attorney_consumer, legal_aid_sa, mediator

Getting help in South Africa

The Legal Practice Council (lpc.org.za) lets you check an attorney's enrolment and handles complaints. Legal Aid South Africa (legal-aid.co.za) provides free legal help to people who qualify. University law clinics, the Legal Resources Centre, ProBono.Org and community advice offices offer free or low-cost help. The CCMA (ccma.org.za) handles many workplace disputes without lawyers.