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Файл:Английский язык для юристов. Учебное пособие.pdf
блюстителям закона, обязанным по долгу службы носить парики, в результате реформы были значительно сокращены.
Людей в мантиях и париках теперь можно увидеть только в Королевском дворце правосудия. Члены магистратуры и мировые судьи осуществляют свою деятельность в обычной одежде – костюмах и галстуках.
В британском обществе нет единого мнения относительно париков.
Опросы среди судей свидетельствуют, что две трети из них против париков в гражданских процессах. Часть граждан видят в древней традиции
анахронизм, требующий немалых вложений, другие считают, что парик не
только повышает статус и усиливает авторитет судьи и адвоката, но и помогает избежать предвзятости. Основной аргумент сторонников: парик
и мантия создают атмосферу анонимности, поскольку скрывают натуральные волосы и обычную одежду стражей закона, благодаря чему
узнать их в обычной одежде на улице сложнее.
Любопытный факт: хотя мантии можно наблюдать в судейских залах
многих стран мира, о париках, если даже они там когда-то были, никто не
вспоминает (кстати, в России мантии были введены относительно недавно, уже в постсоветское время, вопрос о париках не поднимался).
Парики на судьях и адвокатах в настоящее время остаются в двух
островных государствах: Великобритании и Австралии. Несомненно, английское отношение к этой части судебной униформы – не что иное, как
проявление «островной психологии», главным компонентом которой
можно считать консерватизм, приверженность традиции, подтверждением
чего можно считать и поэтапное реформирование этой сферы. Что касается Австралии, трудно дать однозначный ответ: то ли это тоже приверженность традиции, то ли подражание бывшей метрополии.
(https://www.moyaplaneta.ru/travel/view/zachem_britanskie_sudi_nosyat_p
ariki_29878/)
Task 21. Comment on the situation.
The professor of a contract law class asked one of his best students, “If you
were to give someone an orange, how would you go about it?”
The student replied, “Here's an orange.”
The professor was outraged. “No! No! Think like a lawyer!”
The student then replied, “Okay. I'd tell him 'I hereby give and convey to
you all and singular, my estate and interests, rights, claim, title, claim and
advantages of and in, said orange, together with all its rind, juice, pulp, and
seeds, and all rights and advantages with full power to bite, cut, freeze and
otherwise eat, the same, or give the same away with and without the pulp, juice,
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rind and seeds, anything herein before or hereinafter or in any deed, or deeds,
instruments of whatever nature or kind whatsoever to the contrary in anywise
notwithstanding...”
Summary test to Unit 4.
Choose the correct answer according to the text
“Types of legal professions in Russia”
1. Lawyers in modern Russia can be easily divided into ….. large groups:
a) two
b) three
c) four
2. Every advocate is recorded is special ….. maintained by regional bar
chambers; for this reason, the number of bar members is known.
a) registers
b) notes
c) tables
3. Under the … law On Legal Practice and the Bar, each of the Russian
regions has a single bar body called Bar Chamber.
a) 1991
b) 2002
c) 2010
4. The legal profession in England and Wales is split up into …. main
categories to reflect the two broadly different roles within the legal
system.
a) three
b) ten
c) two
5. Every barrister also has to be a member of an …...
a) High Court
b) Inn of Court
c) Parliament
6. There are ….. main jurisdictions civil, criminal and family and in these
sections there are judges, magistrates and those that sit on tribunals.
a) three
b) four
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c) two
7. Lawyers can specialize in a ….. area such as environmental law, tax law,
intellectual property law, family law, securities lawyers, etc.
a) particular
b) general
c) multilateral
8. General Counsels …. the law departments of corporations.
a) head
b) preside
c) are not involved in
9. Arbitrators are usually ….. or hold specific industry knowledge
a) juries
b) attorneys
c) advocates
10. Typically, in larger firms, law firm administrators are able to work … ….
and earn good pay.
a) free lance
b) distantly
c) regular hours
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UNIT 5. PROFESSIONAL ETHICS IN LAW
Pre-reading tasks
Comment on the following quote:
“Ethics and equity, and the principles of justice do not change with the
calendar”. D.H. Lawrence, playwright, poet, author, journalist (1885–1930),
D.H. Lawrence is best known for his infamous novel 'Lady Chatterley's Lover,'
which was banned in the United States until 1959. He is widely regarded as one
of the most influential writers of the 20th century.
Answer the questions:
– What do you about know D.H. Lawrence? In case you have no idea about
him, Google the information about D.H. Lawrence.
– Do you agree with his quote?
– If the lawyer should have any ethics? Why?
Task.1. Read, translate and render the text.
International principles on conduct in the legal profession
IBA International Principles on Conduct on the Legal profession
Approved on 25 May 2019 by the Council for the Legal profession
International Bar Association, London www. Ibanet.org
Lawyers throughout the world are specialized professionals who place the
interests of their clients above their own, and strive to obtain respect for the
Rule of Law. They have to combine a continuous update on legal developments
with service to their clients, respect for the courts, and the legitimate aspiration
to maintain a reasonable standard of living. Between these elements there is
often tension. These principles aim at establishing a generally accepted
framework to serve as a basis on which codes of conduct may be established by
the appropriate authorities for lawyers in any part of the world. In addition, the
purpose of adopting these International Principles is to promote and foster the
ideals of the legal profession. These International Principles are not intended to
replace or limit a lawyer’s obligation under applicable laws or rules of
professional conduct. Nor are they to be used as criteria for imposing liability,
sanctions, or disciplinary measures of any kind.
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Independence
A lawyer shall maintain independence. A lawyer shall exercise independent,
professional judgment in advising a client, including as to the likelihood of
success of the client’s case.
Honesty, integrity and fairness
A lawyer shall at all times maintain the highest standards of honesty,
integrity and fairness towards the lawyer’s clients, the court, colleagues and all
those with whom the lawyer comes into professional contact.
Conflicts of interest
A lawyer shall not assume a position in which a client’s interests conflict
with those of the lawyer, another lawyer in the same firm, or another client,
unless otherwise permitted by law, applicable rules of professional conduct, or,
if permitted, by client’s authorization.
Confidentiality/professional secrecy
A lawyer shall at all times maintain and be afforded protection of
confidentiality regarding the affairs of present or former clients, unless
otherwise allowed or required by law and/or applicable rules of professional
conduct.
Clients’ interest
A lawyer shall treat client interests as paramount, subject always to there
being no conflict with the lawyer’s duties to the court and the interests of
justice, to observe the law, and to maintain ethical standards.
Lawyers’ undertaking
A lawyer shall honor any undertaking given in the course of the lawyer’s
practice in a timely manner, until the undertaking is performed, released or
excused.
Clients’ freedom
A lawyer shall respect the freedom of clients to be represented by the lawyer
of their choice.
Property of clients and third parties
A lawyer shall account promptly and faithfully for and prudently hold any
property of clients or third parties that comes into the lawyer’s trust, and shall
keep it separate from the lawyer’s own property.
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Competence
Lawyers ___ the world are specialized professionals
to promote and ___ the ideals of the legal profession.
throughout
A lawyer’s work shall be carried out in a competent and timely manner.
A lawyer shall not take on work that the lawyer does not reasonably believe can
be carried out in that manner.
Fees
Lawyers are entitled to a reasonable fee for their work, and shall not charge
an unreasonable fee. A lawyer shall not generate unnecessary work.
Task 2. Answer the questions.
1. What are the goals of a good lawyer?
2. What is a basis on which codes of conduct may be established?
3. What is the purpose of adopting the International Principles?
4. What are the principles of the lawyers’ conduct?
5. What is the most important principle?
Task 3. Vocabulary tasks:
a) Find the key words and expressions in the text, underline them.
b) Circle any words you do not understand.
c) Pool unknown words and use dictionaries to find their meanings.
Task 4. Make up a glossary of the terms used in the text.
Task 5. Fill in the missing words.
who place the interests of their clients above their own,
and ___ _ ___ respect for the Rule of Law. They have to
combine a continuous update on ___ ___ with service to
their clients, respect for the courts, and the ___ ___ to
maintain a reasonable standard of living. Between these
elements there is often tension. These principles aim at
establishing a generally accepted ___ to serve as a basis
on which codes of conduct may be established by the
___ authorities for lawyers in any part of the world. In
addition, the ___ _ ___ these International Principles is
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strive to obtain
legal
developments
legitimate
aspiration
framework
appropriate
These International Principles are not ___ _ ___ or limit
a lawyer’s obligation under ___ laws or rules of
professional conduct. Nor are they to be used as ___ for
imposing ___, ___, or ___ ___ of any kind.
Independence
A lawyer shall maintain independence. A lawyer
shall exercise independent, ___ ___ in advising a client,
including as to the likelihood of success of the client’s
case.
Honesty, integrity and fairness
A lawyer shall at all times maintain the highest
standards of ___, ___ and ___ towards the lawyer’s
clients, the court, colleagues and all those with whom
the lawyer comes into professional contact.
Conflicts of interest
A lawyer shall not ___ _ ___ in which a client’s
interests conflict with those of the lawyer, another
lawyer in the same firm, or another client, unless
otherwise permitted by law, applicable rules of
professional conduct, or, if permitted, by client’s
authorisation.
Confidentiality/professional secrecy
A lawyer shall at all times maintain and be afforded
___ of ___ regarding the ___ of present or former
clients, unless otherwise allowed or required by law
and/or applicable rules of professional conduct.
Clients’ interest
A lawyer shall treat client interests as ___, subject
always to there being no conflict with the ___ ___ to the
court and the interests of justice, to observe the law, and
to maintain ___ standards.
Lawyers’ undertaking
A lawyer shall honour any ___ given in the course of
the lawyer’s practice in a ___ ___, until the undertaking
is performed, released or excused.
purpose of
adopting
foster
intended to
replace
applicable
criteria
liability
sanctions
disciplinary
measures
professional
judgment
honesty integrity
fairness
assume a position
protection
confidentiality
affairs
paramount
lawyer’s duties
ethical
undertaking
timely manner
choice
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Clients’ freedom
generate unnecessary work.
a
Lawyers are specialized professionals only in Russia who place
respect for the Rule of Law
T / F
b
A lawyer shall exercise independent, professional judgment in
client’s case
T / F
c
A lawyer shall from time to time maintain the highest standards
of honesty, integrity and fairness
T / F
d
A lawyer shall not assume a position in which a client’s interests
conflict with those of the lawyer
T / F
e
A lawyer shall at all times maintain and be afforded protection of
confidentiality regarding the affairs of present or former clients
T / F
f
A lawyer shouldn’t respect the freedom of clients to be
represented by the lawyer of their choice
T / F
g
A lawyer’s work shall be carried out in a competent and timely
manner
T / F
A lawyer shall respect the freedom of clients to be
represented by the lawyer of their ___.
Property of clients and third parties
A lawyer shall account ___ _ ___ for and ___ ___
any property of clients or third parties that comes into
the lawyer’s trust, and shall keep it separate from the
lawyer’s own property.
Competence
A lawyer’s work shall be carried out in a ___ and
timely manner. A lawyer shall not take on work that the
lawyer does not ___ believe can be carried out in that
manner.
promptly and
faithfully
prudently hold
competent
reasonably
reasonable fee
Fees
Lawyers are entitled to a ___ ___ for their work, and
shall not charge an unreasonable fee. A lawyer shall not
Task 6. True / False: Guess if a-h below are true (T) or false (F).
the interests of their clients above their own, and strive to obtain
advising a client, including as to the likelihood of success of the
48
Task 7. Find the Russian equivalents to the following words and
expressions.
Throughout, strive to obtain, legal developments, legitimate aspiration,
framework, appropriate, purpose of adopting, foster, intended to replace,
applicable, criteria, liability, sanctions, disciplinary measures, professional
judgment, honesty, integrity, fairness, assume a position, protection,
confidentiality, affairs, paramount, lawyer’s duties, ethical undertaking, timely
manner, choice, promptly and faithfully, prudently hold, competent, reasonably,
reasonable fee.
Task 8. Find in the table the words and expressions which mean:
1. affecting or relating to a person or thing
2. something that you hope to achieve
3. the quality of treating people equally or in a way that is right or
reasonable
4. more important than anything else
5. the quality of being honest and having strong moral principles that you
refuse to change
aspiration, applicable, integrity, fairness, paramount
Task 9. Complete the sentences from the active vocabulary from
the text.
1. Lawyers throughout the world are specialized professionals who place the
interests of their clients …………………………………………………..
2. In addition, the purpose of adopting these International Principles is ……
3. A lawyer shall honor any undertaking given ……………………………
4. A lawyer shall at all times maintain and be afforded protection of ………
5. A lawyer’s work shall be carried out in a competent ……………………..
Task 10. Summary: Write down a Summary of the text
“International principles on conduct in the legal profession”.
Task 11. Speech: Prepare a speech on the topic “International
principles on conduct in the legal profession”.
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Task 12. Read, translate and render the text.
How to interview and advise the client
1. The purpose of the Interview
The purpose of interviews is to get and give information and decide what
you are going to do with the information you have got. It is also an opportunity
to establish and maintain high standards of client care. The first impressions that
clients get from face-to-face meetings are crucially important.
Dealing with interviewing and advising clients, the lawyer should bear in
mind that that he will also have face-to-face meetings with other lawyers, other
professionals, witnesses and other parties, where his interviewing skills will
play an important part. Whoever he is meeting, all his interviews will have
a similar underlying structure. The main aims are:
– To help the clients identify what they want from the situation;
– gather information in order to identify ways in which the client’s aims
can be achieved;
– help the client to reach decisions about the most appropriate way to get
what they want;
– create a feeling of the clients’ confidence as to the lawyer’s
competence and commitment to their case.
2. How to prepare for the interview
First of all, the interview structure should be planned. The lawyer should
come at the main issues quickly, professionally and comprehensively. For
example, there are some common features to any client interview. The client
must have the opportunity to say what he or she needs to say. The lawyer needs
to provide advice on the legal issues. It is necessary to alert the client to the
financial implications of taking on the case and confirm that the client wants
to instruct the lawyer.
In order to ensure that nothing of importance is left out, it is suggested
to use the WASP approach to planning, structuring and carrying out an
interview. WASP is an acronym which breaks the interview into four parts. It
stands for; Welcome; At this stage it is useful to let the client know what to
expect from the meeting.
– Acquire information; Letting the client talk: questioning techniques
– Supply information and advice; All the options available to the client
should be mentioned when the lawyer has enough information.
– Part; It is important that at the end of an interview, the client has
provided all relevant information and has been advised of their legal and nonlegal options, the costs of proceeding, the risks he runs by proceeding (or not
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