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Comprehension check

  1. How long does it take to become a lawyer in the USA?

  2. What basic skills should law students develop?

  3. What exams or tests does the applicant take to get admitted to the law school?

  4. Is Law School Admission Test a complicated kind of examination, isn’t it? Why?

  5. What courses make up the first year curriculum?

  6. What skills are the student during the Program of Legal Research and Writing taught to?

  7. What other practical experience do the students require?

  8. What does the clinical education include? Why is it necessary for the future lawyers?

  9. What courses are included into the second and third year program?

  10. What comes after the graduation?

The american legal profession Warming-up questions

  1. Is the legal profession in the USA a prestigious one?

  2. Would you like to be a lawyer in America?

The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.

In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of f work done by lawyers.

Attorney

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer will need to engage in factual investigation.

With respect to each of these roles, the lawyer will do the following:

Counselor: Attorney will help advise the client how to order the client’s affairs.

Negotiator: Lawyer will work with opposing counsel to try to get a favorable resolution for the client. The art of negotiation involves many techniques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or offered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.

Fact Investigator: All of the lawyer’s roles require the investigation of relevant facts, including locating and interviewing witnesses.

A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client’s behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer’s opponents.

Judge

The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.

Judges in federal courts are appointed by the President with the «advice and consent» of the Senate. Many state court judges are elected by popular vote.

Jury

The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive instructions from the judge as to the law, and its members will assess the facts as they perceive them in light of the law, as instructed, to return a verdict.