Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

61

2. Find in the text the English equivalents for the following words and

адвокатскаяphrases: деятельность, защита в суде; отстаивать права; давать возможность; отстаивать интересы; ориентироваться в сложных делах; предвидеть, предвосхитить; предоставить юридическую консультацию, обеспечить юридическое сопровождение; осознан-

62

ное решение; изучение законодательства и правоприменительной практики; справедливое мировое соглашение; состязательные бумаги; ходатайство; исполнять, соблюдать.

defend4. Look(in athroughbroad sense)the text(3);andattorneyfi d synonyms(3). to the following words:

5. Make up your own sentences using the words and expressions from

exercises2,3and4.

advocate6. Fill(2);inadvocates;the blanksbarrister;using representingthe following. words: advocacy (3); 1. Professional ______________________ is based on sound preparation, where a ______________________ understands their brief, thefacts of the case, and the relevant law. 2. As a noun, an ______________________ is an individual who actively supports and promotes the interests of another person or enterprise. 3. As a verb, to ______________________ is the act of promoting the interest of another person or group. 4. ______________________ work to ensure that individuals or groups receive fair treatment, access to resources, and equal opportunities. 5. Advocates played a crucial role in ______________________ survivors and victims’ families in the inquiry into the Grenfell Tower fire. 6. ______________________ is a specialist skill, the quality and excellence of which distinguishes the Bar from other

providers of legal services.

7. While recording new vocabulary it is better to write down as many collocations as possible, not only single words. Find in the text collocations

63

with the words interests and legal. Make up 5 sentences with these collocations.

18.UseWhattheisfollowingadvocacy?questions2. Wheretoisretlegallltheadvocacytext: used? 3. What does advocacy enable lawyers to do? 4. What skills are crucial for high quality advocacy? 5. What do lawyers do while providing legal advice? 6. What do lawyers do if a case goes to trial? 7. What paper work is carried out by advocates?

TEXT 2

9. Read the text and make a list of activities lawyers carry out during litigation:

Litigation is governedLITIGATION:by proceduralWHAT LAWYERSrules whichDOdiffer from country to country, however, have much in common as well. Any litigation commences by filing a complaint and it is lawyers who advise plaintiffs on whether they have avalid claim or defendants on whether tosettle or argue a claim made against them.

The lawyers represent their clients at pre-trial hearings and case management conferences. They also may meet and confer with one another in order to discuss the possibility of settlement. Whatever decisionis,thelawyers,asarule,attendtrials,arbitrationsandmediations with clients.

If the parties are not ready to settle their lawyers gather evidence and witnesses to support the client’s position as well as develop case strategies. At the same time the defendants or their counsellors may file motions, e.g., ‘a motion to dismiss’.

Afterthepartiesdisclosedocumentsandthediscoveryprocessisover, thecourt holds thefinal pre-trial conference. Then thetrial begins. While conducting advocacy in hearings and trials litigators need to express themselves succinctly and precisely. Finally, thecourt renders, signs, and files the judgment. There is a possibility of an appeal and the judgment isrenderedontheappeal.Thewiningparty’scounselmayhelptheclient to enforce the judgment.

As in many spheres specialization is widely spread among lawyers and some have more experience in real estate litigation or employment, others represent clients in family matters or criminal cases.

64

begin,10.Looklawsuit,throughclaimant,thetextconsult,andfindproof,syn nymsconduct,tothebriefly,followingaccuratelywords:.

in a matter. Nowadays it ispossible and advisable touse intake interview to get prepared for the interview.

queriesThere are two main components of a lawyer-client interview – fact-finding and establishing the lawyer-client relationship. To escape misunderstanding costs and fees are to be considered straightforward and the lawyer should assure the client that any expenses are subject

65

to their approval. It is also important that the lawyer learn if the client hasworkedwithalawyerbeforeandhowtomakethecurrentexperience better. Client’s goals and concerns are tobe clarified from the beginning, too;itmighthappenthatthelawyerisnotabletofulfillclient’sparticular tasks.3

An initial interview aims at identifying the nature of the client’s problems.Aclientwilloutlinethenatureoftheirproblemandtheeffective interviewer will probe for the salient information. At the same time the client is to be treated as an individual with a unique set of issues, rather than just a legal problem. Lawyers interview people from across the social spectrum, some of who may have acted in a way the lawyer morally disagrees with. Nonetheless, it is not for a lawyer to judge theclient.Agoodprofessionalmustmaketheirverbalandbodylanguage reflectthisnon-judgmentalstance.Moreover,thatitistheclientwhogives

not just about legal knowledge but also the ability to be an attentive

66

(2) ______________________ . A (3) ______________________ , in many respects, assumes the role of a psychologist, necessitating an understanding of the (4) ______________________ mentality. Client (5) ______________________

involves the practice of engaging with a client when they seek legal

(6) ______________________ . A (7) ______________________ is expected to possess a comprehensive knowledge of the relevant (8) ______________________

relating to the (9) ______________________ . Failure to do so might destroy the (10) ______________________ confidence. Client (11) ______________________

is a pivotal skill that every (12) ______________________ must employ when providing legal (13) ______________________ in response to a (14)______________________inquiries.

17.Makeupaplanofthetextandretellthetextaccordingtoyourplan.

WRITING: ACADEMIC SUMMARY

18.Read the following entry from the Legal Practice Intelligence platform and write its summary in Russian and/or English using “How towriteanacademicsummary”p.23.

RUNNING A CLIENT-CENTRED LAW FIRM

MARCH 19, 2024

The idea that client-centred law firms are more successful is not a new one.. Forward-thinking lawyers have been taking this approach for years..

67

However, as Jack Newton, co-founder and CEO of Clio, emphasises in his book The Client-Centered Law Firm, it’s now more important than ever that law firms who want to stay competitive take a client-centred approach..

In an age when there are plenty of options for alternative delivery of legal services and clients have come to expect the instant service and satisfaction they get from Amazon, Netflix, and Uber in every consumer interaction, law firms that are thoughtful, responsive, and engaged with their clients will set themselves apart..

The client-centred law firm

Running a client-centred law firm means putting your clients at the centre of your thinking.. This goes beyond the legal deliverable you provide: Being client-centred means truly putting yourself in your client’s shoes and looking at the experience of hiring a lawyer and going through a legal matter from their point ofview–and thinking through how you can provide a good client experience in a way that’s efficient for your firm..

As a lawyer, your job is to help your client resolve their particular legal issue in a timely–and hopefully affordable–fashion.. A client-centred approach can help with this: Building trust with your clients can help make it easier to get the information you need, build a good working relationship with your clients, and leave them satisfied and willing torefer more clients to you once their case is closed..

Taking a client-centred approach is good for your internal operations too.. Consider: Creating a well-thought-out onboarding experience– investing in the right tools, thinking through the right processes for your firm, and evolving that process when you see opportunities to improve– might require some investment, but it will lead to a faster onboarding process and fewer questions and confusion for the duration of your engagement, keeping overhead low and staff happier..

Key client-centred terms you need to know

Since the benefits of a client-centred approach have been extensively borne out in other industries, being “client-centred” has become essential formodernbusinesses..Companieshaveentirerolesandevendepartments dedicated to customer success (think “customer journey advocate”), and there are a number of terms that will be helpful as you move towards taking a client-centred approach for your firm..

Client journey

Theclientjourneyreferstothepaththeclienttakes:fromfirstcontact with your law firm to interest, engagement, hiring you, you working their case, and finally, closing their case..

68

Considering the complete client journey and how each stage flows to the next is key to creating a positive client experience that sets your law firm apart.. In fact, some companies–including large law firms–pay a pretty penny just to examine their customer journeys and look for ways to improve.. This process is called customer journey mapping..

Customer experience

The customer experience amounts to a client’s overall experience with your product, your brand, and everything related to your company.. An important distinction here is that this refers to your client’s point of view and how they perceive their experience with your firm, which may differ from how you think of your firm..

NPS®

A Net Promoter Score, or NPS®, is a metric commonly used to rate customer satisfaction, calculated based on answers to the question “Onascaleof0-10,howlikelyareyoutorecommendmyservicetoafriend or colleague?” Each response is sorted into Promoters (9 or 10), who would actively promote your service; Neutrals (7 or 8) would be neutral; and Detractors (0-6), who would actively be negative about your service.. Calculateyourlawfirm’sNPS®bysubtractingthepercentageofdetractors from the percentage of promoters.. This will give you an NPS®S score ranging between -100 to +100..

Companies typically survey clients at various stages along the customer journey to get more detailed insights into different aspects of the customer experience.. Businesses will also ask for opportunities to improve the client experience, thereby improving their NPS®.. Plenty of law firms calculate their NPS® to help keep themselves on track to deliver an amazing client experience..

Follow the link to read the full article and review https://www..clio..

Based on com/blog/client-centered-law-firm/thank-you/

(https://www.legalpracticeintelligenceLeg Practice Intelligence.com/)

19. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.

What’stheJUST FORVerdict?FUN

You are the judge in tricky courtroom quizzes. You don’t need to be a lawyer to get the “right” answer. Care, common sense and imagination

69

should lead to the correct solution in a case, regardless of previous education or training.

Rosewasrepresentedby1.TheaveryTiredtiredLawyerlawyer.Indeed.Thelawyerslept through a substantial portion of Rose’s trial. Rose was found guilty. Rose appealed. Rose could not, however, point to any actual harm to her case because of her lawyer’s naps. Should Rose’s appeal be allowed?

Lloyd was charged 2with.On-thea -complicatedJ bTraining mail fraud. His lawyer withdrew just before the trial and the court appointed a young lawyer witharealestatepracticetodefendLloyd.Thelawyerhadneverhandled a jury trial and was allowed only twenty-five days to prepare, although the prosecution had taken four and a half years to investigate the case. Lloyd is convicted and appeals on the basis that his lawyer was young, inexperienced and had been given too little time to prepare, given the complexity of the case. Is Lloyd appeal successful?

Family law is an area2of.2the.3. FAMILYlaw thatLAWdeals with family matters and domestic relations. What relations in the family need to be regulated by law?Whatarethedifferenttypesofcaseshandledunderfamilylaw?What is the minimum legal age for marriage inRussia? And inother countries? Whatarethegroundsforfilingadivorce?Howismaritalpropertydivided in a divorce? What factors does the court consider when determining child custody in family law cases?

1.TheTerminologyact of adoptinganda child;Definitionsthe fact of being adopted.

2.Adoption.Sex between a married person and somebody who isnot their husbandAdulteryor. wife.

3.The money that acourt orders somebody topay regularly totheirAlimonyformerwife,. husbandorpartnerwhenthemarriageorcivilunion is ended.

4.Thecrimeofmarryingsomebodywhenyouarestilllegally marriedBigamyto somebody. else.

5.To formally oppose a decision or statement because you think itContestis wrong. .

6.The legal right or duty to take care of or keep somebody/ something;Custodythe. act of taking care of something/somebody.

70