Lawyers

Anna: So, what are you two planning to do later, when you’ve completed your degree?

Daniel; Well, right now, I’m planning to become a 1) ____________, because I’d really like to plead cases in court.

Anna: You’ve been watching too many of those American films, when the handsome young 2) ___________ wins the case against the big, bad corporation!

Daniel: Very funny. I just like the idea of arguing a case. I think it’d be exciting. What about you?

Anna: Actually, I’d like to work for a big corporation and advise them on their legal affairs, as 3) _____________. I’ve heard the work can be very challenging. What are your plans, Jacob?

Jacob: I’m thinking about becoming a 4) ______________. I’m not that interested in pleading cases in court. I’d rather do research and give legal advice – I think that’d suit me better.

Final speaking task: discuss these questions:

1 Does your native language have more than one word for lawyer? Do they correspond to the different English words for lawyer mentioned above? If not, how do the concepts differ?

2 What is each type of legal practitioner in your jurisdiction entitled to do?

3 What English term do you use to describe your job or the job you would like to do?

Final writing task: now that you have almost completed this part of unit 2 look through it once again to find “noun + noun” combinations. Write them down with the translation

Suggested activity in conclusion: decide what you think these quotations and proverbs mean. Think of examples to illustrate some of them.

1. You yourself are guilty of a crime when you do not punish crime. (Publilius Syrus).

2. There is no crime without a precedent. (Seneca).

3. It is better to risk saving a guilty person than to condemn an innocent one. (Voltaire).

4. Let the punishment fit the crime.

5. Let the punishment be equal with the offence. (Marcus Tullius Cicero).

6. The greatest incitement to crime is the hope of escaping punishment. (Marcus Tullius Cicero).

7. Judge not that you be not judged.

8. Revenge is a kind of wild justice. (Francis Bacon)

9. We easily forget crimes known only to ourselves.

10. Who demands justice must administer justice.

UNIT 2

PART III

A CAREER IN LAW

READING WITH A PURPOSE

Exercise 1 Read and translate the text. Find out the peculiarities of every legal professional mentioned in the text.

TEXT A

LEGAL PROFESSIONALS

Most countries have different groups of lawyers which take particular examination to qualify* to do particular jobs. In England and Wales, the legal profession is split into two distinct branches: solicitors and barristers.

Solicitors undertake legal business for lay clients and deal directly with the public. Solicitors work in law firms (also known as practices), and as legal advisers in commercial organizations. They carry out all types of legal work, but have limited rights of audience*. They are only able to act as court advocates in lower courts, dealing generally with more minor cases. However, solicitors may increase their rights of audience by qualifying as a solicitor-advocate. To become a solicitor-advocate, a solicitor must pass rigorous* advocacy* examinations. If successful, the solicitor will have similar rights of audience to those of barristers. The work of solicitors in England and Wales is regulated by the Law Society. Their position is regulated by Acts of Parliament.

Barristers advise on* difficult legal problems and conduct legal proceedings in any higher courts. They are experts on advocacy and in interpretation of the law. Barristers are professional court advocates and have rights of audience in all the courts. They may work in law firms or as legal advisers in commercial companies. But more often they work in chambers*, as independent court advocates. The work of barristers in England and Wales is regulated by the Bar Council. Barristers must have an accepted educational standard and pass legal examinations as well as solicitors. These exams are conducted by the Council of Legal Education. After passing the examinations a barrister may become a member of the Inns of Court*.

Speaking about English lawyers, it is necessary to note that the Bench of judges is recruited from the barristers alone. The highest appointments in the legal profession and the title QC (Queen’s Counsel*), are made from barristers as well.

The terms “solicitor” and “barrister” are also employed in South Africa, Canada and former British colonies, such as Australia and New Zealand. The separate Scottish legal profession is divided into solicitors and advocates.

In the USA and in many other countries, the usual term for a qualified lawyer is attorney-at-law or simply attorney. The ninety-four US attorneys are appointed by the President with the advice and consent of the Senate. There are also district attorneys* (D. A.), also called prosecuting attorneys or prosecutors. They are hired by the city, county, state or federal department to represent the government side in criminal cases. They have to collect and present evidence in court to prove a defendant’s guilt.

to qualify – отримати право, кваліфікувати

rights of audience – право виступати в суді

rigorous – з високими вимогами

to advise on – консультувати

advocacy – адвокатська діяльність, адвокатура, захист

chamber – адвокатська контора

Inns of Court – адвокатські корпорації, гільдії (у Лондоні)

Queen’s Counsel – королівський адвокат

district attorney – окружний прокурор

Exercise 2 Complete the following sentences using the information from the text. Translate them.

1 English lawyers are divided into .

2 Barristers conduct legal proceedings in the .

3 A solicitor deals directly with .

4 have limited rights of audience.

5 will increase their rights of audience after successful passing advocacy examinations.

6 The position of solicitors is regulated by .

7 are professional court advocates.

8 US district attorneys collect and present evidence in court to

.

Exercise 3 Look through text A again and point out all modal verbs and their equivalents. For references see the grammar supplement.

Exercise 4 Fill in the blanks with modal verbs or their equivalents. Translate the sentences.

1 Only a solicitor deal with public.

2 A solicitor represent his client in the lower courts.

3 Future solicitors go through a period of professional training with a practicing solicitor.

4 After the period of training a solicitor pass the necessary exams.

5 To become a solicitor-advocate they pass advocacy exams.

6 A barrister have an accepted educational standard.

7 A barrister pass legal exams conducted by the Council of Legal Education.

8 Having passed legal examinations a barrister become a member of the Inns of Court.

9 To take the case to the higher courts the solicitor ask barrister’s advice.

10 The Senate approve the President decision to appoint the US district attorneys.

Exercise 5 Look through text A once again and point out the verbs in the Passive Voice. For references see the grammar supplement.

Exercise 6 Every legal system needs professionals to provide legal services. Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.

advising clients on general legal issues advising clients on specialist legal issues advising on litigation advising on tax matters advocacy in all courts advocacy in the lower courts commercial work conveyancing of houses dealing with commercial transactions drafting of documents in connection with litigation making wills preparing cases share* and other property dealings*
I Solicitors	II Barristers
advocacy in the lower courts	advocacy in all courts

share – частка, акція

dealings – ділові стосунки

Exercise 7 Read and translate the text. Then agree or disagree with the statement: “It’s very difficult to become a lawyer”. Give your reasons according to your own experience.