Unit 5. Types of Legal Professions

Warming-up:

1.What do you usually do if you have a legal problem?

2.Who deals with petty crimes and some matrimonial matters in Mag­istrates' Courts.?

3.Whom can you call in the necessity of presenting cases in Court?

Read the text and check your answers:

If a person has a legal problem, he will go and see a solicitor. In fact there are at least 50,000 solicitors in Britain, and the number is increas­ing. Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Mag­istrates' Courts. He prepares the case and the evidence. He actually speaks in Court for you. In a civil action he can speak in the County Court, when the case is one of divorce or recovering some debts..A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a will the best man to advise you is a solicitor.Barristers are different from solicitors. Barristers are experts in the in­terpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in Court). Indeed, if you desire representation in any Court except the Mag­istrates' Court, you must have a barrister. Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers * often in London. They belong to the institutions called Inns of Court,* which are ancient organizations rather like exclusive clubs.

In the USA the Justice Department is responsible for the faithful exe­cution of the laws under the President's authority. The main administra­tors of federal law enforcement are the ninety-four U.S. attorneys,* who are appointed by the President with the advice and consent of the Senate.

Useful Vocabulary:

*chambers — адвокатська контора

*(the) Inns of Court — юридичні корпорації, які готують

адвокатів (чотири найбільші корпорації: the Inner Temple, the

Middle Temple, Lincoln's Inn, Gray's Inn)

*US attorney — прокурор округа (в США)

gain (v) — отримувати, набувати

to give advice (to) — давати пораду комусь; advise (v) — радити;

investigation (n) — розслідування, слідство; petty (adj) — дрібний, незначний;matrimonial (adj) — цивільний,подружній; evidence (n) — доказ, divorce (n) — розірвання щлюбу; recover debts — повернення боргів/відшкодування збитків; to make a will — скласти заповіт; advocacy (n) — 1. захист; 2. адвокатура, діяльність адвоката; representation (n) — представництво (чиїхось інтересів,захист прав) - in Court — - у суді; execution (n) — 1. виконання; 2. приведення у виконання (рішення суду); 3. оформлення формальностей/сладання документов: authority (n) — влада, повноваження; litigation (n) — тяжба, судовий процес; discretion (n) — свобода дій.

It ׳ `s interesting to know:

Napoleon ׳ s Words of Wisdom:

¨ A man will fight for his interests than for his rights.

¨ It is the success which makes great men.

¨ The heart of a statesman must be in his head.

¨ Public morals are natural complement of all laws: they are by themselves an entire code.

Unit 6. Being a Lawyer.

Warming-up:

1. Why did you make up your mind to become a lawyer?,

2. Did anybody advice you to choose a career? ^;

3. What is the most attractive thing in the legal profession: salary, protection of society and individuals, prestige?

Read the text and check your answers:

Society can´t do without law and lawyers. The profession of a lawyer is a noble and important one. The activities of the lawyers in every country are aimed at bringing the conduct of the people, their attitude towards the state and the public organizations into accord with the law morality. They serve to protect the people, their rights and individual freedoms. The main task of any lawyer is to prevent crime, root out the causes and eliminate the conditions creating crime. All that work is very responsible. To become a lawyer is not a very easy thing to do. To cope with it successfully the lawyers need a high general level and good professional training. That is why we must arm ourselves with good knowledge; we must study the work by and know the legislation in force.” In addition to professional knowledge, a lawyer is to be a person of high moral qualities; he must have a number of personal and intellectual qualities, be truthful, honest and justful. Stable nervous system, power of concentration, quickness of mind, a good memory, a sense of responsibility and an ability to get on with people are among the features that make a good lawyer. Every year thousands of young specialists graduate from higher establishments to join the great army of those who stand on the guard of the interests of our state, the rights and interests of our citizens and keep the public order. I am proud that I shall become one of these lawyers in a short future. From the immemorial, a lawyer has been an honorable and authoritative person. This work is especially hard at present when there is much illegality in many spheres of our life.In our country a lawyer has the right to speak and argue in law courts as well he prepares legal documents, advises his clients on legal questions and speaks for them in the courts. But at the same time it is also a very responsible job because lawyers are supposed to deal with lives and souls of people, to render them a real help in complicated situations and to help them to solve all the problems. I am proud that I am given the chance to become one of these professionals in a short future. So, I have to prepare myself for my future activities.

Useful Vocabulary:

To be aimed at – бути орієнтованим

into accord with the law morality – відповідно до правової моралі

to root out the causes and eliminate the conditions – викорінювати причини та покращувати умови

know the legislation “ in force.” – знати законодавство в дії

to speak for the client the courts – виступати в суді в інтересах клієнта

to render them a real help in - надавати реальну допомогу

Just for Fun:

¨ Jury- a group of twelve men, who, having lied to the judge about their hearing, health, and business engagements, have failed to fool him.

(Henry Lewis Mencken)

¨ A jury consists of twelve persons chosen to decide who was the best lawyer.

Unit 7. ENTERING THE PROFESSION

Warming-up:

1. Is it necessary to get a university degree in law in order to practise as a lawyer?

2. Why do law­yers of some countries tell that the time they spent studying for their law finals was one of the worst periods of their life?

3. Why do you think the career in law is so popular?

Read the text. Then agree or disagree with the statement:

"It's very difficult to become a lawyer."

How does someone become a lawyer?

In some countries in order to practice as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient;

professional examinations must be passed. In Britain, it is not in fact nec­essary to have a degree, although nowadays most people entering the pro­fession do. The main requirement is to pass the Bar Final examination* (for barristers) or the Law Society Final examination* (for solicitor). Someone with University degree in a subject other than law needs first to take a pre­paratory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, law­yers will tell you that the time they spent studying for their law finals was one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized. In Japan, where there are relatively few lawyers, the examinations are sup­posed to be particularly hard: less than 5 percent of candidates pass. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an arti­cled clerk, during this time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as apupil.

The rate at which the legal profession grows is terrific. In the 21^st cen­tury the number of lawyers will probably outpace the rate of population growth.

Why is the career in law so popular?In the USA the average salary of experienced lawyers in private practice is more than $300,000.

Lawyers' salaries are substantially greater than those of many other pro­fessionals. The glamour of legal practice strengthens the attraction of its financial rewards.

Useful Vocabulary:

*the Bar Finalexamination — екзамен, який здається при вступі до Колегії Адвокатів

*the Law Society Final examination — іспит, що дає право бути членом Товариства юристів (професійної спілки солісітеров)

to be closely supervised by - бути під пильним наглядом

to take a pre­paratory course - брати підготовчі курси

to spend a similar year as apupil - провести додатковий рік в якості учня

Just for fun:

A man accused of stealing a watch was acquitted on sufficient evidence. Outside the courtroom he approached his lawyer and said, “ What does that mean- acquitted?”

“ It means”, said the lawyer,” that the court has found you innocent. You are free to go”.

“ Does it mean I can keep the watch?” asked the client.

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