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TEST I

1.Read the text and answer in writing the questions that follow.

Прочитайте текст и письменно ответьте на вопросы.

LEGAL PROFESSION IN GREAT BRITAN

1.The legal profession is one of the most prestigious and well-paid in Britain. England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. There are two main branches, those of solicitors and barristers. Of these, barristers form the senior branch of the legal profession. (This division of the legal profession is due mainly to historical causes.) Each branch has its own characteristic functions and a separate governing body. This system has been criticized in recent years because of the resulting duplication of services, delay in the legal process and its expense.

Barristers

2. The senior branch of the legal profession in England, Wales and Northern Ireland is a barrister. There are over 9,000 barristers, who have the right to fight a case in the higher courts (the Crown courts and the High Courts) in England and Wales. Barristers belong to the Bar, which is an ancient legal institution and which is now controlled by the Bar Council. There are also the four legal societies or Inns of Court in London, they are Gray's Inn, Lincoln's Inn, the Middle Temple and the Inner Temple. The four Inns of Court, law colleges, date from the Middle Ages and have maintained their autonomy and privileges, and have been more resistant to attempts at reform than any other British institution. Barristers (professional advocates) have two main functions: first, to give specialised advice on legal matters and, secondly, to act as advocates in the higher courts. Most sections of the general public cannot approach a barrister directly, but must be introduced by a solicitor.

3.In order to become a barrister, one must have a university degree, plus additional professional examinations organized by the Council of Legal education. He will then become a member of one of the four Inns of Court to complete the training in the law and in the skills required to argue a case in court and pass the Bar examinations. The student must dine in his Inns for a number of terms before being accepted as a barrister or called to the Bar. A newly qualified barrister will then join the `chambers` of an established barrister and slowly build up experience and reputation as an effective advocate in the higher courts.

4.Barristers are self-employed individuals who practice the law from chambers (or offices), together with other barristers. The barrister`s career starts as a `junior` handling minor cases (or briefs). He or she may have difficulty in earning a reasonable living or in becoming established in the early years of practice, with the result than many barristers drop out and enter other fields.

5. If the barrister persists and builds up a successful practice as a junior, then he or she may become a Queen’s Counsel (QC) known within the profession as 'taking silk'. A QC is a senior barrister who can charge higher fees for his work. The appointment as a QC may lead to a future position as a judge, and it is regarded as a necessary career step for the ambitious.

Solicitors

6.There are nearly 71,640 solicitors, who practise mainly in private firms, but also in local and central government, in legal centers, and in industry. They are a more recent development than barristers, and are now mainly organized by their professional body, the Law Society. The solicitors` branch is still a middle-class profession, but it is increasingly attracting members from a relatively wide spectrum of society.

7. In order to become a solicitor, it is now generally necessary to have a university degree, preferably but not essentially in law. After passing additional professional examinations organized by the Law Society, the student will serve a practical apprenticeship with an established solicitor for some two years. After the total period of about six years education and training, the new solicitor can practise law. Solicitors deal with general legal work, though specialization in one area of the law is now widespread. Their firms (or partnerships of solicitors) offer a wide, range of services, such as conveyancing (the buying and selling of property); probate (wills and succession after death); family matters; criminal and civil litigation; commercial cases; and tax and financial affairs.

8.A lot of work In English solicitors firms is undertaken by managing clerks, now called legal executives, who are a third type of lawyers. Legal executives now have their own professional and examining body -`the Institute of Legal Executives`.

9.Although people are free to conduct, their own cases if they wish so, the client with a legal problem will normally first approach a solicitor, who can usually deal with all aspects of the case. The solicitor in the past was only able to appear for his client in the lower courts (country and magistrates courts). Because he could not appear (had no right of audience) in the higher courts, it is usual for a solicitor to hire a barrister if the case was to be heard in a superior court. This practice, which was criticized as expensive and inefficient, is now being changed to allow qualified solicitor-advocates to have rights of audience in the higher courts.

1. What are the two types of lawyers in England?

There are two types of lawyers in England: barristers and solicitors.

2. What are the main functions of barristers?

Barristers have two main functions: first, to give specialized advice on legal matters and, secondly, to act as advocates in the higher courts.

3. Who deals with general legal work and preparing legal documents for their clients?

Solicitors deal with general legal work and preparing legal documents for their clients

4. What must a person do to become a barrister?

In order to become a barrister, one must have a university degree, plus additional professional examinations organized by the Council of Legal education. He will then become a member of one of the four Inns of Court to complete the training in the law and in the skills required to argue a case in court and pass the Bar examinations. The student must dine in his Inns for a number of terms before being accepted as barrister or called to the Bar. A newly qualified barrister will then join the `chambers` of an established barrister and slowly build up experience and reputation as an effective advocate in the higher courts.

5. What is a third type of lawyers?

A third type of lawyers is legal executives - managing clerks. They undertake a lot of work in English solicitors firms. Legal executives now have their own professional and examining body -`the Institute of Legal Executives`.