- •Unit 3 The Legal Career in Great Britain.
- •Text 1 Legal Practitioners
- •B) Fill in the blanks with the correct word-combinations.
- •Text № 2. Barristers and Solicitors.
- •Scan the text, find the information about the functions, rights and duties of barristers and solicitors.
- •Choose the suitable word and translate the sentences into Russian:
Choose the suitable word and translate the sentences into Russian:
-
Barristers prepare (petitions, pleadings) and other documents needed in the legal process.
-
The function of barristers is to (direct, conduct) cases in court.
-
The function of a solicitor is the giving of (lawful, legal) advice on a wide variety of questions.
-
A solicitor has the right of audience as a (n) (pleader, advocate) in magistrates' courts and the county courts.
-
A solicitor may (act, operate) for his client who is selling property. And this particular skill is known as conveyancing.
-
Conveyancing, probate and litigation are the three main fields of (action, activity) of a solicitor, but there is no limit to the topics which may find their way to his office.
-
All barristers spend a lot of time at paper work apart from the (presentation, introduction) of cases in court.
-
The division of the legal (profession, employment) into barristers on the one hand and solicitors on the other hand, has been traced back to about 1340.
-
All practicing barristers are junior (counsellors, counsels) unless they have been appointed Queen's Counsels (Q.C.).
Exercise 14
Grammar focus №6. Complex Subject.
1. N... V(passive)... Infinitive...
Example: He is considered to be a good lawyer.
2. N... V (active)... Infinitive...
Example: She turns out to be a law-breaker.
3. N... V (to be+adj.)... Infinitive...
Example: They are likely to take part at the trial.
Translate the following sentences.
-
They are thought to have committed this crime.
-
She is supposed to give evidence at the hearing.
-
The judge seems to postpone the trial.
-
This man turns out to be an in-house lawyer.
-
They are likely to be experienced solicitors.
-
A solicitor is unlikely to have right of audience in the higher courts.
Exercise 15
Find the sentences with the Complex Subject in the text and analyze them.
Exercise 16
Choose the correct ending to the sentences:
-
The barrister is usually thought of primarily as an advocate
(a) because he is familiar to the public in his role as general legal adviser;
b) because people may call at his office and receive his advice in personal interview;
c) because he is a specialist defence counsel;
d) this is the work in which he is most often engaged.
-
The solicitors may form partnerships, which give them the opportunity
(a) to have the right of audience as an advocate before all the superior courts;
b) to be a general practitioner;
c) to be an advocate in the inferior courts;
d) to specialise to some extent).
Exercise 17
a) Make up sentences, using the information below:
|
|
Solicitor |
Barrister |
|
dealing with clients |
directly |
indirectly (via) |
|
speaking in court |
inferior |
superior |
|
forming partnership |
yes |
no |
|
representing a party in court |
defence |
defence prosecution |
b) Compare the rights and duties of barristers and solicitors, using the following models:
like/ unlike + N
in contrast to +N
S+V, but S+V
Exercise 18
Divide the text into three logical parts. Find in each part key sentences, containing the main information. Write a summary of the text. Your answer should be in one paragraph.
Section 3
Text 3
Pre-reading task:
Read this text about working in law and translate it. Entitle the text.
There are two types of lawyer who practice in England. They are called barristers and solicitors.
In the USA and most other countries, lawyers don’t make this division – a lawyer is simply known as an attorney at law, or an attorney.
In both England and the USA, it is not possible to take a special exam to be a judge. If you decide that you want to be a judge, you must get a lot of experience as a lawyer first, then apply to be a judge and wait to see if you are chosen.
Most law students in England become solicitors. When they finish their university studies they do a one year legal practice course and then a two-year training contract with a law firm. After that, they are qualified solicitors. Many solicitors work for a legal practice, which is usually a partnership of solicitors who work together. Solicitors practice in many areas of law, although each solicitor usually chooses to specialise in one particular area. They represent their clients both in and out of court. We often describe this as acting for a client. The process of marking a claim in the civil court is called litigation.
Barristers are self-employed lawyers and don’t work in partnerships in the way that solicitors do. They are specialists in advocacy, which is the skill of speaking for someone in court. We call this pleading a case. They also give opinions on areas of law to solicitors and the solicitors’ clients. It is not just barristers who have the right of audience in court – solicitors are also allowed to represent their clients in court and many solicitors appear in court every day. It is not true to say that a client always needs a barrister in court.
Exercise 19
Make the summary of the text. Use the phrases for your summary from page... ex. 44
GLOSSARY
-
admit (v.) - (a) to say that something really happened or is correct;
(b) to allow someone to practise as a solicitor.
e.g. He admitted his mistake.
-
advocacy (n.) - skill of pleading a case orally before a court.
-
advocate (n.) (in Scotland) - barrister; US lawyer.
-
barrister (n.) - lawyer who can plead or argue a case in one of the higher courts.
e.g. Barristers are instructed only by solicitors and never by members of the public.
-
conveyancing (n.) - drawing up the document which legally transfers a property from a seller to a buyer.
e.g. He speciaizes in conveyancing.
-
counsel (n.) - a barrister
e.g. Queen's Counsel – senior British barrister.
-
defend (v.) - to fight to protect someone or something.
e.g. He hired the best lawyers to defend him.
-
in - house (adj.) - existing within an organization or working for a company.
e.g. He works for our company as an in-house lawyer.
-
instruct (v.) - to tell someone officially to do something; to give information.
e.g. He instructed his lawyer to start legal proceedings on his behalf.
-
liability (n.) - being legally responsible for paying for damages or loss.
e.g. His insurers have admitted liability for damage.
-
litigation (n.) - bringing of the lawsuit against someone to have a dispute settled.
e.g. He has got into litigation with the country council.
-
opinion (n.) - (a) what people think about something;
(b) piece of expert advice;
e.g. The lawyers gave their opinion.
-
partnership (n.) - a business where two or more people share the risks and profits.
e.g. Working partners are fully liable for all the obligations of the partnership.
-
plaintiff (n.) - person who starts the action against someone in the civil courts.
e.g. Plaintiff and defendant are parties to the suit.
-
pleading (s) (n.) (a) – documents setting out the claim of the plaintiff or the defence of the defendant.
e.g. Pleadings must be submitted to the court when the action is set down for trail.
(b) action of speaking in the court on someone's behalf.
-
prosecute (v.) - to speak against the accused person on behalf of the party bringing the charge.
e.g. Mr. Smith is prosecuting, and Mr. Jones is appearing for the defence.
-
representation (n.) - action on behalf of someone.
e.g. The defendant was provided legal representation.
-
right of audience (n.) - right to speak to a court.
e.g. A barrister has right of audience in any court.
-
self – employed (adj.) - working for himself.
e.g. He worked in a bank for 10 years but now is self-employed.
-
sole trader (n.) - person who runs a business, usually by himself
e.g. This barrister is a sole trader.
-
solicitor (n.) - lawyer who has a valid certificate to practise and who gives advice to members of the public and acts for them in legal matters.
-
to draw up (v.) - to write a legal document
e.g. To draw up a contract or an agreement.
-
to plead (v.) - to make or answer a statement (usually in evidence)that some thing has happened or is true).
-
unlimited liability (n.) - situation where a sole trader or each partner is responsible for all the firm's debts.
e.g. He admitted unlimited liability for all his debts.
-
will (n.) - legal document by which a person gives instructions to how his property should be disposed after he dies.
e.g. He wrote his will in 2009.
