A Day in the Life: Law firm lawyer (Helen Redford)

Tort Law and Areas of Law

A Day in the Life: Law firm lawyer (Helen Redford)

7:45 a.m.: Arrive at office; check e-mail, voice mail and a few faxes.

8:00 a.m.: Look through the latest case papers and draft a claim against the construction firm.

8:15 a.m.: Prepare to attend the hearing regarding the client’s case that concerns defective product bought from a supermarket. Call the expert to confirm that the hearing is held at 1:30 p.m..

9:30 a.m.: Attend a hearing on road accident as a defendant counsel. Unfortunately, we lose the case. The judge awards a substantial sum of damages to the plaintiff.

11:00 a.m.: Meet with the senior associate of our firm to discuss how to prepare a motion to dismiss a nuisance claim made against our client. Finally we draft the motion and file it to the judge.

11:30 a.m.: Brief an important discrimination case. Make a research to find some court rules as precedents.

12:30 p.m.: Review documents to prepare to attend the hearing where the expert witness is giving evidence.

1:00 p.m.: Lunch!

1:30 p.m.: Attend the hearing on negligence case. My expert witness is great! It looks that we are going to win the case. The presiding judge sees the point and I think will give a good fair judgment.

4:00 p.m.: Work with documents.

5:00 p.m.: Conference with a new client. Explain that I’ll bring the action only after I have studied all the details. Tell her what it takes to plead a defamation once case in court. Offer her to think if it’s possible to try to mediate the case.

7:00 p.m.: Meet with senior associate to discuss the case concerning discrimination at work.

7:30 p.m.: Leave office and head home.

Tasks

1. Decide if the following statements are TRUE or FALSE. Correct the false statements.

1. Ms. Redford deals both with tort and crime cases.
2. She has been working on 4 cases and 1 claim.
3. Helen represented a plaintiff at the traffic accident court hearing.
4. She is sure her client is not liable for nuisance and the court hearing is not necessary.
5. Ms. Redford has invited an expert witness to give evidence in the defamation case.
6. The discrimination case appears to be rather difficult.
7. Helen spent about 12 hours at work.

2. Speak about Ms. Redfords working day.

Areas of Law Practice

Administrative Law	deals with rules and regulations and orders and decisions created by administrative agencies of government
Banking & Finance Law	focuses on rules and regulations of banking activity and financial transactions
Bankruptcy Law	includes rules of business termination and company liquidation
Computer & Technology Law	focuses on the regulation of scientific technology involving the production or use of electronic devices and computers
Constitutional Law	relates to the protection of rights provided by constitution
Commercial Law	deals with the regulation of sales, trade and commercial transactions
Contract Law	relates to rules and regulations of contractual relations setting the rights and obligations of the parties.
Criminal Law	includes classifications of crimes, responsibility for criminal offence, trial process and court procedures of setting punishment for criminal act.
Family Law	deals with the rules that guard certain family relations and regulation of adoption, support and divorce
Intellectual Property Law	focuses on protection of exclusive rights of inventors, creators and authors.
International Law	is a group of laws, rules, or principles that are based on custom, treaties, or legislation and that control or affect the duties and rights of sovereign nations in relation to each other.
Internet Law	concerns rules and statutes providing control over Internet communication
Antitrust Law антимонопольное право	ensures and regulates fair competition, ensures protection from monopolization
Corporate Law корпоративное право	deals with the legal methods of company formation, company running and financial affairs.
Environmental Law законодательство по защите окружающей среды	involves statutes and rules of nature protection
Insurance Law страховое право	concerns rules and regulations of insurance activity
Employment Law трудовое право	sets control of working conditions, deals with rules and regulations of labor and employment relations
Tax law and taxation налоговое право	concerns tax matters and tax responsibilities
Real Property Law законодательство о недвижимости	sets and ensures rules of property transactions (e.g. selling and buying of land and buildings.
Product liability Laws законодательство об ответственности производителя продукции	includes legal issues concerning responsibility for the quality of products and protection from defective goods

Processes:

Arbitration - третейский суд, арбитраж

the process of resolving a dispute outside of the court system by presenting it to an arbitrator.

Mediation – вмешательство с целью примирения

an attempt to bring about a peaceful settlement or compromise between parties through the objective intervention of a neutral party.

Litigation – судебный спор

a legal proceeding in a court; a judicial contest to determine and enforce legal rights

Civil Procedure – гражданский процесс

the steps taken and methods used in bringing and conducting a civil action

Criminal Procedure – уголовный процесс

the steps taken and methods used in bringing and conducting a criminal action

Business Law

Read the text and define what areas of law Business Law comprises. Refer to the Areas of Law Practice table given above.

A great number of law practice areas form the megafield of Business Law that provides effective regulation of key business activities. Business Law regards legal issues concerning company formation, company running and financial affairs including complex tax matters. Working conditions and regulation of labor and employment relations are also governed by Business Law.

The central area of Business Law is related to contractual relations, which clearly define the rights and obligations of the involved parties. Adjoining here is the area of regulation of sales, trade and commercial transactions. Constant control of fair competition and protection from monopolization are executed within Business law. The following legal matters are advised on and regulated under Business Law:

- protection of exclusive rights of inventors, creators and authors

- legal issues concerning responsibility for the quality of products and protection from defective goods

- control over Internet communication property transactions

- business termination and company liquidation.

Lawyers who practice in the area of Business Law are experts in legal procedure in court because their clients, legal entities and individuals, may suffer from violation of civil or criminal law, or even break such laws. Thus, the lawyers must be aware of all the steps taken and methods used in bringing and conducting a civil action and, moreover, the steps taken and methods used in bringing and conducting a criminal action.

So, specialization of a business lawyer means knowledge and skills in a wide range of law areas.

Practice Areas

1. People who have certain problems will approach a lawyer specializing in a appropriate area of law (see the chart above). Find a proper lawyer for a:

1. a woman who is taking care of a disabled person;
2. a businessman who has just started his own business;
3. a scientist who has developed a new medicine;
4. a driver who has had a traffic accident;
5. a businessman who is starting selling goods in Internet;
6. a family that is ready to adopt a child;
7. a store manager who was attacked by some robbers;
8. a man who has been fired without any explanation;
9. a lady who is going to buy a house;
10. a man who doesn’t want to pay taxes;
11. a bank manager who is going to open a new branch and offer new services;
12. a man who has bought some defective products

2. The chart below provides information about lawyers who specialize in certain practice areas.

a) speak about each lawyer; b) PAIRWORK: arrange a short dialogue with your partner, change roles.

WHO	Practice Area	Advantages of the practice area	Skills / Knowledge necessary for this practice area
James Barnes	Banking; Financial Services	Opportunity to work in a dynamic business. Ability to contribute to law and public policy	Knowledge of the subject matter Analytical skills
Irene Harting	Electronic Commerce, Commercial Law	Interesting practice in a developing and promising area.	A good background in traditional commercial law, knowledge of business practices, and some understanding of the technology
Harry Auldington	Corporate Law	Exciting, dynamic practice area very tied to U.S. and global economy. Learning about many different industries and businesses and working with many legal specialists	Competence in certain areas of law, i.e. corporate, and certain other areas. Ability to get along with people and negotiate; Ability to work as a team with many legal specialists.
Patricia Wallace	Computer and Technology Law	Opportunity to work with creative and intelligent people who can turn ideas into money. Ability to be involved into special high-tech industry	Knowledge of computer and technological details. Finance raising skills. Confidence.
Alex Brooke	Intellectual Property Law – Patent and Trademark	It's an exciting area of the law, which continues to develop and change. My practice allows me to interact with people from all over the world, and requires me to learn about the latest technology being developed.	Effective negotiation skills; the ability to effectively write and communicate with clients; the ability to grasp technical concepts; knowledge and understanding of a variety of areas of the law.

Interview with a Finance Lawyer

(Interviewer – I; Mr. Stewart – financial attorney – M.S.)

Read the following dialogue in pairs. Switch the roles.

I.	Let me introduce Mr. Andrew Stewart, an attorney who specializes in the world of money and banking. As I understand finance lawyers work for a bank or any other financial institution. Can you tell us what organization do you work for?
M.S	I work for a law firm, and our practice areas mainly include financial matters. We advise our clients on a wide range of issues: loans, leasing, investments, stock trading and bankruptcy.
I	I see. And who are your clients Mr. Stewart?
M.S	Well, we represent individuals and legal entities. Our clients are people or businesses that intend to borrow or lend money, put the money into some project so that to make profit, buy or sell securities, those who intend to rent valuable equipment or find good premises for the office, or those who have failed to run the business and are losing money.
I.	Now, if I want to make a loan at a bank, how exactly can you help here?
M.S.	Firstly, we’ll offer you a reliable bank and advise you on the subject of loan options. We’ll prepare the necessary documents and represent you at negotiations with the bank.
I	And why should I follow your advice?
M.S.	You see, we know the laws that govern banking activities, and we usually are aware of the banks that observe these laws. Moreover, finance lawyers can deal with the client’s capital management. So, if you are going to make an investment we’ll research the possibilities and estimate the risks.
I	What about stock market transactions? Buying securities is also a kind of investment….
M.S.	If you trade at the stock exchange, you are our welcome client. We follow the stock market trends, know the rates so we’ll counsel you on the best transaction.
I.	Great! And can you help my business out of debt?
M.S.	Sure. There are certain laws that regulate the procedure of bankruptcy. We provide expertise of your business status, draft documents, deal with your creditors and regulatory bodies, find solutions either to save your business or to mitigate the effects of bankruptcy.
I.	That really sounds encouraging! You’ve mentioned litigation. Does it mean that your firm lawyers can represent a client in court?
M.S.	Absolutely. Our clients may sue or be sued for any financial issue, so we do most of the job – draft claims, motions, collect information, prepare documents. Our client can be a bank or financial institution, and they also may file a lawsuit that concerns a monetary debt or fraud, for example. We act for them in court.
I.	So I see that lawyers practicing in the area of finance are also both competent advisors and expert advocates. Thank you, Mr. Stewart, for coming here.
M.S.	My pleasure.

Tasks

1. Scan the text and highlight (underline) the words and phrases that refer to financial matters.
2. The chart below will summarize the financial matters the lawyer deals with and the activities and services relevant (corresponding) to these matters. Complete the chart with the phrases from the dialogue. The first line is done for you.

Finance matter	Relevant activity	Relevant service
Loan	borrow or lend money	offer reliable bank; prepare documents, negotiate with the bank
Leasing
Investments
Stock trading
Bankruptcy

1. Prepare a text about the Finance lawyer job. You are free to add more information about the lawyer’s responsibilities.

Business lawyer

Business lawyer is a legal professional whose scope of competence covers a vast area of business activities.

1 A business lawyer can help you even from the planning stage of your business and advise on what type of organization to choose: a corporation, a partnership or sole business. Incorporation or registration of the business is also the lawyer’s competence. The lawyer will be the one to draft the bylaws of your company.

NOTE

bylaws – внутренний устав организации

2 Your business lawyer can also make sure you stay in compliance with any laws that are applicable to your business. Without a lawyer, you may not even be aware that a particular law affects your business, until someone complains that you are violating the law. As a business owner, you will need to comply with laws on everything from finance management to employment practices.

NOTE

compliance with law – соответствие закону; to comply with – соответствовать чему-л.

3 A business lawyer can provide expertise in financial planning advising the best investment schemes. He’ll help you to deal with banks and trusts on credit matters. You’ll find him effective in solving questions of salaries, dividends or profit and loss distribution. Your lawyer will also counsel on tax planning

NOTE

profit and loss – прибыль и убытки

4. You expand into the market and want to acquire a company or even two, or merge with a company. Your business lawyer is on guard for you not to violate antitrust law. With him on your side you’ll never be accused of being a monopolist.

NOTE

merge – объединяться, сливаться (о компаниях)

5. A business lawyer who has profound knowledge of intellectual property laws is your right hand when it comes to protect your patent, trademark rights or your copyright.

6. You can’t do without a lawyer entering into contract with clients, partners, suppliers, customers and other parties. Being a professional in contract negotiating and drafting your lawyer will perform this sophisticated work for you.

NOTE

enter into a contract – заключать договор

7. A lawyer is extremely useful in dealing with the consumers who find your product faulty. People may complain and bring an action against you. In case of a dispute with a customer, having your lawyer involved early on may help you settle the matter quickly. Besides, the lawyer’s responsibility is to keep you informed on the legal requirements and rules concerning the quality of your production.

NOTE

faulty – дефектный, бракованный

With the many legal issues that arise in business, it is important to establish a relationship with a business lawyer. He or she can help you address your concerns and keep legal problems from getting out of control.

TASK

Pairwork

Two entrepreneurs, e.g. Don/a and Ron/a, are talking about the role of a business lawyer in successful company performance. Don/a, who is starting a business, asks Ron/a questions stated below. Ron/a’s answers are the above given Tips. Make up a dialogue, add any colloquial expressions you want.

Don/a’s questions:

1. How can a lawyer help me to start a business?

2. If I can run a business myself and know some basic legislation, why do I need counsel?

3. Can a lawyer help me in financial affairs?

4. What kind of legal assistance can I expect in my expansion plans?

5. Will the lawyer also provide support of my trademark?

6. I’ll need a lawyer at hand in contract drafting, won’t I?

7. How will a business lawyer help me in possible litigation cases?

---

Дата добавления: 2015-11-04