Supplementary reading

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Lawyers

Attorney-at-law is perhaps the most common term for a lawyer. As distinguished from an attorney-in-fact, who is authorized to act for another person in a specific situation (for example, the person to whom you give a power of attorney to sign a contract in your absence), an attorney-at-law represents you in lawsuits and other legal matters. Counselor-at-law means the same thing as attorney-at-law: a person trained and qualified to give you counsel or advice on legal matters.

A trial lawyer is a lawyer who tries cases in court. In the United States, all lawyers are presumed qualified to try cases in court and before various administrative agencies. But in England a trial lawyer, called a barrister, is sharply distinguished from a lawyer called a solicitor, who may not appear in court. The British barrister is prohibited from seeking or even having his own clients; all his cases are referred to him by a solicitor. The solicitor "briefs" the barrister on what the case is all about, frequently just a short time before the case comes up in court. The barrister handles all aspects of the court proceeding, including the appeal if one is indicated, and then bows out while the solicitor takes over again.

This British line between barrister and solicitor exists in fact in parts of the American legal profession. Hundreds of lawyers, perhaps the most influential ones, seldom if ever appear in court. They regard their role as counseling, and they are most likely to counsel that every effort be made to keep their clients from the risks of unnecessary litigation. If they conclude that litigation is unavoidable, or even desirable, they may in a big or complicated case turn to an outstanding trial lawyer, just as the British solicitor turns to the barrister.

The criminal lawyer is a legal specialist of great importance to our society, because everyone accused of a crime has a right to representation in the courts. Criminal laws are complex and vary considerably from state to state, and the average "family lawyer" or general adviser is seldom familiar with them in enough detail to make the best possible defense of a person charged with a crime.

Another specialty in U.S. legal practice should be mentioned: the patent lawyer, who spends his entire professional life advising about patent matters. Most American lawyers' earlier education is in the social sciences or humanities. Consequently, these lawyers carefully avoid patent matters because they involve technical and scientific areas of knowledge of which the average lawyer is usually ignorant. The patent lawyers, who are trained in engineering or some other scientific specialty, have the whole patent field to themselves. They are much in demand by patent law firms, corporations and the government.

Notes:

attorney-at-law – поверенный в суде, адвокат;

attorney-in-fact – лицо, действующее в суде по доверенности (не являющееся адвокатом).

LESSON 14

1. Grammar and Practice:	Gerund versus Infinitive(continued)
2. Topic Activities:	The Lawyer in Our Society
3. Speaking:	Discussion
4. Supplementary reading:	How to Become a Lawyer

Дата добавления: 2015-11-14