Kinds of lawyers

There are two kinds of lawyers: solicitors and barristers. People who need the professional assistance of a lawyer go to solicitors. There are solicitors’ offices (mostly partnerships) even in every small town. They deal with most people legal problems. An ancient rule, much criticised and perhaps soon to be abolished, has until now forbidden solicitors to act as advocates in the higher courts. So if any civil or criminal matter is to go before a crown court a client’s solicitor must hire a barrister to act as advocate in the court.

A barrister who takes on a job of advocacy for a client is said to accept a ‘brief’, and to act as ‘counsel’. These two words are part of the vast special vocabulary of the law, part of which is Latin, part old French.

The barristers form the ‘senior’ part of the legal profession. They have kept many ancient traditions. Every barrister belongs to one of four institutions called by the curious name “Inns of Court”. Physically these are rather like colleges at Oxford or Cambridge University. All are grouped close together, along with London’s main central courts, in a compact area a little to the west of St Paul’s Cathedral. Each Inn has a hall where the aspiring barristers who have joined it must have dinner at least six times in each of twelve terms (trimesters). They also have to pass the bar examinations, and work for a time as “pupils” in the chambers of established barristers (these maybe outside London). Newly-qualified barristers earn very little. But once they are established they can earn a great deal if they are successful.

There is no judicial profession. All judges are appointed after many years’ work in the courts as barristers. Once appointed they cannot be dismissed except by a joint address of the two Houses of Parliament. Very few of them have been removed from office. There are less than a hundred judges, all with a title ‘Mr Justice’ in the three divisions of the high court. From them some of the judges are promoted to the Court of Appeal with the title ‘Lord Justice’ and fewer still onward to the House of Lords. In the 80s all the high court judges were aged over fifty. And some had been over sixty on appointment. Some were continuing to work at seventy-five or more before retiring.

The high court judges hear only the most difficult or important cases. Most cases which go to crown courts or civil county courts are dealt with by circuit judges. They are appointed in the same way as the high court judges but are paid less and have less prestige. It is unusual for a circuit judge to be promoted to the high court. Though some barristers appointed to the high court have worked part-time. They do the same jobs as those of circuit judges.

A large proportion of the work of the courts is concerned with civil litigation. Some barristers specialise in libel, tax problem, commercial disputes, patent law, and some other subjects for which very detailed knowledge may be useful. In general, more difficult questions of the law arise in civil than in criminal case. Some of the barristers who become high court judges have experience mainly in civil litigation.

Notes*

barrister, n. - адвокат в судах вищої інстанції solicitor, n. - адвокат в судах нищої інстанції to abolish, v. – скасовувати to hire, n. - винайняти, взяти на прокат “brief”, n. - короткий письмовий виклад справи (складений адвокатом суду нищої інстанції для адвоката суду вищої інстанції) “counsel”, n. - адвокат, юристконсульт, legal King’s/Quween’s Counsel - королівський адвокат

“inns of Court” - “Судові Інни”, чотири корпорації адвокатів в судах вищої інстанції в Лондоні (Inner Temple, Middle Temple, Gray’s Inn, Lincoln’s Inn) curious, adj. - допитливий, зацікавлений, дивний bar examination - екзамен в адвокатурі (перед колегією адвокатів) to retire, v. - іти у відставку, на пенсію to litigatе, v. - судитися з кимось litigation, n. - судовий процес criminal case - кримінальна справа

Talking Points*

What kinds of lawyers are there in Britain?

Is there any judicial profession for the people working in legal system?

What categories of judges are there in Britain?

What are the professional functions of barristers?

What are the professional duties of solicitors?

Remember that … Cockney Rhyming slang is a coded language invented in the 19^th century by Cockneys so they could speak in front of the police without being understood. It uses a phrase that rhymes with a word, instead of the word itself – thus ‘stairs’ = ‘apples and pears’, ‘phone’ =‘dog and bone', etc.

Unit 4

Дата добавления: 2015-08-18