Text в solicitors

England is unique in having two different kinds of lawyers. They are solicitors and barristers.

if a person has a legal problem, he will go to see a solicitor. Almost every town has at least one. In fact, there are about 60,000 solicitors in Britain.

Many problems are dealt with exclusively by a solicitor. For instance, a solicitor deals with petty crimes and some matrimonial matters in magistrates' courts, lie prepares cases for barristers to present in the court. Л solicitor has the right of audience, but he may represent his client only in the lower courts. In a civil action, he can speak in ihe County court, when the case is one of divorce or recovering sonic debts. A solicitor spends most of his time in an office. He deals with all the routine work of preparing legal documents for buying or selling houses, making wills, giving legal advice for his clients, writing legal 'letters, etc. If one gels into trouble with the police one can ask a solicitor to help prepare his defense.

To qualify as a solicitor it's not necessary for you to go to university, you may join a solicitor as a clerk and work for him while studying part time for the "Law Society" exams. And after having passed the exam, you can start your

own business.

BARRISTERS

Barristers arc different from solicitors. Barristers are experts in the interpretation of the law. They are called to advise on really difficult points. They have the right to argue a case even in the higher courts.

To qualify as a barrister you have to take the exams of the Bar Council. Barristers are rather remote figures. If you need one, you never sec him without a solicitor being with him. They are not paid directly by clients, but arc employed by solicitors.

Banisters do not have public offices in any street. They work in chambers, often in London. To be a barrister it is necessary to be a member of one of the 4 Inns of Court, which are ancient organizations rather like exclusive clubs. There are about o,000 barristers in England Only barristers can become judges in English courts. When they are appointed they cannot continue to practice as barristers.

JUDGES

In Britain, the vast majority of judges (that is. the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.

A small proportion of judges are not Magistraies, they are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistraies, are paid salaries by the State and have considerable legal training.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistraies themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.

JURY

A jury consists of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listen to Hie evidence "given in court in certain criminal eases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

Ex. 20. Answer the questions.

316. What are the main types of legal profession in Great Britain?

317. What does a person do if he has a legal problem?

318. What kind of problems does a solicitor deal with?

319. Is it necessary for you to go to university to qualify as a solicitor?

320. When do you see a barrister?

321. How do you qualify as a barrister?

322. Are magistrates paid or not? 9 What are the duties of a jury?

10. Who passes the sentence at the end of a trial?

Ex. 21. Correct the wrong statements using the expressions from the text.

323. Both barristers and solicitors have the right of audience.

324. Bolh barristers and solicitors can become judges.

3 Both barristers and solicitors have the right to argue a case in high court.

325. Barristers are employed by solicitors to argue a case.

326. Barristers arc paid directly by clients.

327. Jury is a group of professionals.

328. Solicitors prepare case for barristers.

329. If you want to make a will, the best man to advise you is a barrister.

9.If one gets into trouble with the police one can ask a barrister to help prepare his defense.

Ex. 22. Find the odd word out.

330. A barrister, a client, a solicitor, a judge.

331. A Bar, a notary's office, a trial, a court.

332. A witness, an accused, a defendant, a prisoner.

333. A court, a trial, an investigation, a criminal

Ex. 23. Complete these definitions.

I. A lawyer who gives advice to his clients and prepares documents is...

334. A lawyer who is chosen out of barristers is...

335. A lawyer who specializes in presenting cases in front of a judge and has the right of audience is ...

336. A lawyer who employs barristers to argue a case is...

337. Л lawyer who is not directly paid by a client is...

Ex. 24. Read the dialogue to find out the differences between the profession of a solicitor and a barrister.

A. 1 have some problems and need to consult a lawyer. Can you tell me where to find a good attorney?

B. Attorney? You see, here in London we have solicitors or barristers.

A. Solicitors and barristers... Which one is better to go?

B. A solicitor will help you from the start. But they can't represent you in court. This lawyer deals with clients, advises them and prepares legal documents. Barristers speak for clients in court. Solicitors do most of paper work for them.

A. I sec. In America counseling and advocacy in law court is performed by attorneys.

B. What is your problem? Anything serious?

A. Yes, rather. 1 think of bringing the action to court. So, I'd like to lind a good banister.

B. We*d better visit my solicitor first. He will have an interview with you, look into the matter and then introduce you to a barrister, if necessary.

A. Of course, it will be necessary!

B. Is it a criminal case?

A. No, why?

B. Because barristers speak in higher courts. Solicitors can speak for their clients in lower courts. Minor civil cases are decided in lower courts.

A. I see. 1 hen we'd better make arrangements with your solicitor as soon as possible

Notes:

Solicilor

Solicit-ходатайствовать, хлопотать So, solicitor is a lawyer who solicits for the client Barrister

Bar- 1) барьер, за которым находиться суд

338. суд в полном составе

339. коллегия адвокатов

So, barrister is a lawyer who is a member of the bar and who can speak before the bar. Attorney

Attorn- передавать кому-либо права, поручать

So, attorney is a lawyer whom a client attorns the case, or transfers the right to deal with the case.

Ex. 25. Translate the text using a dictionary.

Even lawyers with the same qualifications and professional title may be doing different kinds of work. Most towns in the United Stales, for example, have small firms of attorneys who are in daily contact with ordinary people giving advice and acting on matters such as consumer affairs, traffic accident disputes and contracts for ihe sale of land. Some may also piepare defenses for clients accused of crimes. However, in both the United States and other industrialized countries, lawyers are becoming more and more specialized.

Ex. 26. Look through the text and answer the questions:

340. What cases are tried with the jury?

341. What are the duties of ajudge?

In British criminal trials the accused is presumed innocent until proved guilty. Trials arc in open court and the accused is represented by a lawyer. Most trials are tried before lay justice silting without a jury. The more serious cases are tried in the higher courts before a jury of 12. which decides on guilt or innocence. The judge decides questions of law, sums up the evidence for the jury and discharges the accused or passes sentence. A jury is independent of the judiciary. Cases involving children are held in youth courts or, in Scotland, at informal children's hearings

Notes:

Lay justice мировой судья To discharge - отпускать Judiciary - судебная власть

Ex. 27. Answer the questions.

342. What are the duties of a barrister, a solicitor, ajudge?

343. Who of the lawyers has the right of audience?

344. Name three differences between a barrister and a solicitor.

Ex. 28. Complete the sentences using one of the following verbs:

cause(s) elose(s) pass (es) live(s) open(s) speak(s) sum(s) up

Model: Ann ...German very well. .Ann speaks German very well. 1. Ajudge ... a just sentence.

345. The Notary "s Office ...at 9 o'clock and ... at 18.30 every day.

346. My parents ... in a very small flat.

347. Judges .. .evidence.

348. Bad driving.. .many accidents.

Ex. 29. Put the л erb into the correct form.

Model: Notary... (not/work) at the Bar. Notary doesn V work at the Bar.

349. What time ... (the banks / close) in Britain?

350. 'Where ... (Martin/come) from?' 'He's Scottish.'

351. 'What... (you/do)?' 'I'm a barrister'.

352. It... (take) me an hour to get to the court. How long ... (it/take) you?

353. A barrister... (call) the witnesses, but a notary... ( not/do) it.

Ex. 30. Use one of the following verbs to complete these sentences. Sometimes you need the negative:

solve prove defend go work perform tell translate

.Model: The earth ... goes ... round the Sun. A judge ... doesn't work ... at the Bar.

354. A procurator ... notary actions.

355. Investigators ... crimes.

356. A barrister ... the accused.

357. A legal adviser ... the prisoner's guilt.

358. An interpreter ... from one language into another.

359. A liar is someone who ... the truth.

Ex. 31. Translate into English.

1) Мой старший брат работает нотариусом в нотариальной конторе. Ему нравится профессия юриста. 2) Где ты сейчас работаешь? Я работаю прокурором в прокуратуре нашего района. 3) Судья - это очень серьезная профессия, ведь судья несет ответственность за весь судебный процесс. 4) А кто выносит приговор в конце судебного процесса? - Судья 5) Свидетель дает показания, которые могут доказать виновность или невиновность подсудимого. 6) Юридический совет должен основываться на законе. 7) Следователь не защищает подсудимого, он только расследует преступление. 8) Профессия юриста очень популярна и престижна (prestigious) в наше время. 9) Опытный адвокат всегда востребован (demanded). 10) Государственный арбитр улаживает дела между людьми или предприятиями.

Ex. 32. Ask Pete questions.

Model: You know that Pete isn't Russian. You want to know where he comes from. Where do you come from?

360. You don't know I'ete's profession. Ask him about it.

361. You want to know where he works. Ask him.

362. You want to know ii'Pete reads legal literature. Ask him.

363. You know thai Pete's wife works. You want to know what she does. Ask Pete.

364. You know thai Pele goes lo ihc cinema a lot. You want ю know how often. Ask him.

365. You are nol sure that Pete goes in for sports. Ask him.

366. You don't know where Pete's mother lives. Ask Pete.

367. You want lo know if he speaks Russian. Ask him.

Ex. 33. Ask your guest from Great Britain about his family and his profession.

Ex. 34. Pu( questions to the underlined words.

Model: My father enjoys his job greatly. Who enjoys his job greatly?

368. Students like English lessons

369. A judge conducts all the trial

370. We have lectures even day.

371. There are two gyms in our institute.

372. Solicitors deal with petty crimes.

Ex. 35. Make up all possible types of questions on (he basis of the given sentences: a) general, b) alternative, c) disjunctive, d) special questions and e) question to the subject.

373. A solicitor represents his client in a lower court.

374. Barristers work in chambers.

375. Notaries make wilis for people.

376. lie earns 500 dollars a month

377. There are five faculties in Ufa Law Institute.

378. A judge decides questions of law.

Ex. 36. Learn the dialogue about your future profession.

A. Hello, Alexander! Glad to meet you!

В. 1 lello. Sergey. Haven't seen you for ages!

A. As far as I know, you are a first - year student of Ufa Law Institute. My congratulations to you!

B. Thank you. I am very happy.

A. It's a Well known fact that the profession of a lawyer is very popular, and prestigious nowadays.

B. And very interesting, noble and diverse as well. You see as a lawyer I can work either as a barrister or a notary, or a procurator, or an investigator. I can also choose to be a legal consultant and a state arbitrator.

A. Can you work as a judge?

B. Yes, but after 5-year experience in law and after passing a qualification exam.

A. And what specialty are you going to choose?

B. I'll have to decide it after the third year at the Institute.

A. They say, it's rather difficult to study at your Institute, isn't it?

B. Yes, but I like it very much. I'm sure it's my cup of lea.

A. Really? Then, good luck to you!

B. 1 hank you.

Ex. 37. Working in pairs make up a dialogue using the following variations.

1. Л. What are you going to do after graduating ihe Institute? В. 1 am going to be ...

A. And where will you work"

B. I'll work...

2. A. Law is Bob's calling (призвание), isn't it?

B. Oh, yes. No doubt, he'll make a good lawyer. lie is a hard and brilliant student.

A. I sec, it's his cup of lea.

3. A. What can you say about Mr. Jones?

B. As far as I know, he is a skilled solicitor (a well-known barrister, an experienced judge...). He works...

4. A. Where docs your father (uncle, brother...) work? B. He works at Ufa Law Instiaite (Bar, Court...).

A. He is a lecturer (barrister, judge...)

B. What is his salary?

A. I le gels 500 dollars a month (earns 100 pounds a week, quite enough, gets not so much...)

Part II

Reader Unitl

Task: The following texts are typical of letters and replies which are published in British teenagers' magazines. Read them carefully, hut don't use your dictionary unless it is absolutely necessary. Are you surprised by anything in the letters or the answers? Do you agree or disagree strongly with anything that is said? Which reply do you agree with more? Why?

1. Should I lie to my parents?

Can you help me? I've fallen in love with a really nice boy 1 know at College. I'm 16, but I don't have a lot of freedom - I'm Asian, and my family have very strict attitudes because of their religion. So I'm not allowed to go out in the evenings, and even if I did go out with this boy during college hours I couldn't tell my parents, because they'd be really upset if they knew I was going out with a white boy. I feel bad about lite situation, because 1 Jove my parents and they trust me, but this relationship is really important lo me. What do you advise?

/ understand your problem, but 1 really don 7 think you should go out with him. It's all right for the two of you to tie friends, but you mustn't get yourself into a situation where you have to lie lo your parents. Their religious beliefs- are an important part of your family life, and it would he a mistake to go against the rules that they have made for you. If you did go out with the boy you would eventually get found out. and then the trust between you and your parents would be destroyed.

If you need to talk it over, you could get in touch with ASH A - a group that gives advice to young Asian women like yourself who are caught between two cultures. Their help is free and confidential. You can phone them on 071 274 8854.

2. Should T ask her out?

I'm 16, and I really fancy a girl at my school. For the last few weeks I've been getting more and more attracted to her, and it's turning into a very serious relationship. The trouble is that she's Asian, and I know my parents would object if 1 asked her out. They are Catholics, and they would be shocked and angry if I got involved with a Muslim girl. I respect their beliefs, and I don't want to go behind their backs, but I have lo think of myself. What should 1 do?

The first thing is to make absolutelv sure of your own feelings. You haven't

been seeing this girl (or very lung, and there's no point in upsetting your whole family for a relationship that might not last.

But if you're convinced that this is die real thing, then you must make sure what your parents' attitude is. Do you really know they wouldn V let you go out with the girl'.' Maybe they will. Talk the situation over with them, calmly and openly -that way you can be certain what they feel instead ofjust guessing.

If they really do object, you vAll have to make a decision You can either respect their beliefs and live the way they want, or you can do what you think is right. If you tell your parents firmly that you're going to go out with the girl, then you won't be going behind their backs, and you will be showing them that you have a right to follow your own opinions, even if these are very different from theirs.