Advocacy; solicitor; draft; appear; barrister; conveyancing

1. I am looking for a lawyer to help me buy some land for a business. – My firm undertakes a lot of ________________. We could advise you and help to ____________ contracts.

2. We’ve had some trouble in the past with getting large invoices paid. – We can do _________. If your case goes to court, I can ___________ in the lower courts.

3. Can you appear in the Appeal Court? – No, I’m a _____________ but my firm would instruct a ____________ if a case were to go to the Appeal Court.

4. Match the two parts of the definitions.

1. Someone who works for his or herself is	a. provide representation
2. If you speak on behalf of clients in court, you	b. lay clients.
3. Non-professional clients are known as	c. self-employed / a sole trader.
4. Barristers working solely for a company are called	d. instructed.
5. The governing authority of barristers are	e. in-house counsel.
6. When a solicitor gives a barrister the details of a case, the barrister is	f. the Bar Council and the Inns of Court.
7. When you work as a barrister you	g. practise at the Bar.

5. Match the judicial offices in the box with the required qualifications below. Bear in mind the hierarchical structure on the courts.

Justices of the Supreme Court Lord Justice of Appeal Circuit Judges District Judges (Magistrates’ court)

1. must have been qualified as a lawyer for at least seven years.

2. must have been qualified for ten years, although three years’ service as a full-time District Judge is allowed

3. must have been qualified as a lawyer for at least 15 years and is usually drawn from judges in the Courts of Appeal in England, Wales, and Northern Ireland, and in the Court of Session in Scotland

4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice, to be a High Court Judge

6. Speaking. What are responsibilities and legal education of

1. a solicitor?

2. a barrister?

3. a judge?

4. a magistrate?

5. a coroner?

7. Discuss these questions with a partner.

1. What legal education and training do Ukrainian lawyers have?

2. Explain the organisation of barristers in your country.

3. Explain the appointment and training of judges in your legal system.

Reading 2: Types of legal profession in the USA

Pre-reading task. Read the words. Mind the stress. A):

΄leeway e΄xecutive par΄ticipant

΄veto nomi΄nation,perso΄nnel

΄bailiff dis΄pose,evi΄dentiary

΄edit con΄viction,misde΄meanor

΄motion con΄sent,employ΄ee

΄docket main΄tain,memo΄randum

΄adjunct a΄ppellate,dispo΄sition

΄educator trun΄cated e,limi΄nation

΄license o΄pinion ste΄nographer

΄entity a΄rray,inter΄mediate

B) Complete the word building table.

Noun/Verb Adjective	Verb Noun
executive	nomination
appellate	to dispose
evidentiary	conviction
nomination	to maintain
justice	to edit
elimination	to assign

C)

Noun / verb Person	Noun / adjective Person
participant	conviction
nomination	educator
to assign	commission
to edit	stenographer
to type	appellate

Judges

Judges in the USA initially come to the bench from other lines of legal work and after a substantial number of years of professional experience. American judges differ from judges of the common-law countries and civil-law systems in other parts of the world. Many judges have been legislators, but some have been office lawyers or counsel to organizations such as corporations or private associations. Numerous judges have been lawyers in government service as prosecuting attorneys or counsel to government agencies, either state or federal. Some judges are former law professors, but their number is small. Persons can enter the judicial system at any level. A lawyer can initially become a judge on the highest court, the lowest court, or any court between. In other words, a lawyer who has never been a judge can become a judge on a court of last resort or an intermediate appellate court or a trial court, in either a state or the federal system. Lawyers who come on the bench at the trial or intermediate appellate levels have no real promise of moving to a higher court.

Federal magistrate judges perform two kinds of functions. First, they hold hearings on variety of motions, such as motions seeking to control lawyers’ conduct of discovery in civil cases, and make recommendations to the district judge as to the disposition. Assistance of this sort enables district judges to dispose of these matters without having to sit to conduct hearings themselves; they can simply accept the magistrates’ recommendations. Magistrate judges also hold evidentiary hearing on prisoner’s petitions challenging the legality of their convictions, and they recommend factual findings to the judge. Second, magistrate judges are authorized to conduct trials in civil cases and in criminal misdemeanor cases if the parties consent. In other words, the parties can choose to go to trial before a magistrate judge instead of a district judge. If the parties exercise this opinion, the magistrate judge is empowered to decide the case and enter final judgment in the name of the district court.

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