LAWYERS PERFORM FOUR MAJOR FUNCTIONS
1. First, lawyers counsel. This means that lawyers offer advice, even if it is advice their clients would prefer not to hear. Of course, lawyers regularly counsel clients during negotiations & litigation.
2. Second, lawyers negotiate. This means that they mediate between competing interests aimingfor results that will prove advantageous to their clients and, if possible, their opponents.
3. Third, lawyers draft documents. This is probably their most intellectually challenging function.
4. Fourth, they litigate. This is the skill most people associate with lawyers. Ironically, only a small fraction of all lawyers devote much time to courtroom activities. In fact, the majority of attorneys never venture to work in a courthouse except to file legal papers with a clerk.
Negotiation (n) — переговоры; обсуждение условий
negotiate (v) — вести переговоры, дело; обсуждать условия
mediate (v) — посредничать
aim (v) — стремиться
advantageous (adj) — благоприятный, выгодный
draft (v) — составлять (документ; проект)
litigate (v) — 1. судиться; быть тяжущейся стороной;
venture (v) — 1. рисковать; 2. отважиться, решиться
5. Professional Titles Quiz. You’ve learnt a lot about different types of legal professions. Now test yourself matching the following hints with the law professional titles.
Barristers, High Court Judges, Magistrates, solicitors, attorneys
1. English lawyers who judge cases in the lower courts. They’re usually unpaid and have no legal qualifications, but they’re respectable people who are given some training.
2. They make up the largest branch of the legal profession in England and Wales (Уэльс). They are found in every town where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. These lawyers also work on court cases for their clients, prepare cases for other lawyers to present in the higher courts, and may represent their client in a Magistrates’ Court.
3. Each federal judicial district has this lawyer who is appointed by the President.
4. Only a small proportion of these lawyers doesn’t preside in Magistrates’ Courts. They deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. They are paid salaries by the State and have considerable legal training.
5. They defend or prosecute in the English higher courts. They specialize in representing clients in court. In court, these lawyers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of them have the title QC (Queens Counsel).
6. 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 practise as a lawyer it is necessary to get a university degreein 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 requirementis to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). 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 finalswas 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 a pupil.
The rate at which the legal profession grows is terrific. In the 21st century the number of lawyers will probably outpacethe 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 $100,000.
Lawyers’ salaries are substantially greater than those of many other professionals. The glamour of legal practice strengthensthe attraction of its financial rewards.
The Bar Final examination — экзамен, который сдается при поступлении в Коллегию Адвокатов
the Law Society Final examination — экзамен, дающий право быть членом Общества юристов (профессионального союза солиситоров)
degree (n) — звание, степень ,e.g. university degree
insufficient (adj) — недостаточный
pass (v) — зд. сдавать (экзамены)
requirement (n) — требование
take a course — пройти учебный курс
finals (n) — выпускные экзамены
articled clerk — клерк-стажер (без жалования)
supervise (v) — наблюдать (за кем-то), руководить (кем-то)
outpace (v) — опережать, превышать
salary (n) — заработная плата, получаемая ежемесячно
strengthen (v) — усиливать, укреплять
1. Circle a); b) or с) to complete the sentence.
1) The British lawyers are required……………….
a) to pass professional exams;
b) to work as a clerk for 5 years after graduating from a university;
c) wear black suits
2) The requirements for barristers and solicitors are………………
b) partially identical;
3) In Japan the professional law exams are……………….
a) difficult to pass;
b) not practised;
c) easy to pass
4) A barrister must work for a year as………………….
a) an articled clerk;
b) a pupil;
c) an attorney
5) The average salary of an experienced lawyer is………………...
a) very low;
c) much higher than those of other professionals
2. Tick off the true statements according to the text.
1. The legal profession is extremely popular all over the world.
2. A future lawyer must pass various professional exams.
3. A solicitor in England must spend half a year as an articled clerk.
4. The final exam for barristers is called the Bar Final examination.
5. Japan has a large number of lawyers.
3. Choose the correct definition of the term “an articled clerk”:
a) an inexperienced lawyer;
b) a lawyer who failed his final exam;
c) a post which a solicitor in England has for two years after passing
4. Read the text again and find the English equivalents for the words and phrases below:
• стать юристом
• получить университетскую степень
• сдавать экзамены
• пройти подготовительный курс
• основное требование
• выпускные экзамены в области юриспруденции
• пять процентов кандидатов
• за его работой наблюдают
• средняя заработная плата
• опережать рост населения
5. Match the words with their definitions.
6. Release 6 people by amnesty and give your reasons for this.
To : Amnesty Committee Advisors
From: The Office of The President
Re: List of Prisoners
Note: To preserve the prisoner’s identity from the press, names have been withheld from this memo.
Here follows a list of the nine prisoners up for a possibility of amnesty. All are considered as very little risk to society. Please inform the President of your final decision.
Number 1is a 20-year-old student. He broke into the police’s computer system and tried to erase his previous criminal record (some parking tickets). He was also charged with fraud after police discovered he had hacked into a pizza company’s computer and ordered himself free pizzas for over a year, he is serving afive-year sentence.
Number 2 is a55-year-old engineer. He was charged with manslaughter after he hit and killed a child while driving drunk. He has no previous criminal record. He is serving a ten-year sentence.
Number 3 is a 30-year-old mother of two. She was charged with drug dealing when police found half a kilogram of marijuana in her apartment. She says it was for personal use, but drug laws are very strict in this country. She is serving a five-year sentence.
Number 4 is a 24-year-old student and activist. He was arrested during an anti-globalization protest and charged with terrorism. He is a leader of a non-violent social movement and did not participate directly in any violent acts during his protests. He is serving a three-year sentence.
Number 5 is a 40-year-old businessman. He was charged with fraud when police discovered that he had stolen over $2 million from his company using a false system of accounting. He is serving a ten-year sentence.
Number 6 is an unemployed woman. She was arrested for stealing food from a supermarket. This was not the first time that she had stolen food, and she had been warned. She is serving an eight-year sentence.
Number 7 is a prisoner of war. He was taken prisoner during the last war with the country’s neighbours six years ago. He was a marine and engineer and was responsible for bombing a small village in the mountains. He says he was followingorders. The twocountries are now at peace. He is serving a twenty-year sentence.
Number 8 is a landlord. He was arrested for keeping a block of flats in very dirty, and some cases dangerous conditions. He was also renting the apartments to illegal immigrants and charging a lot of money for them. He is serving a seven-year sentence.
Number 9 is a politician. She was a leading member of the Ultra political party, an extreme group who believed that criminals should be executed and immigrants expelled from the country. The Ultra party is very weak now. She was arrested for stealing party funds and is serving a ten year jail sentence.
When someone commitsa crime (= breaks the lawand does something illegal/against the law/wrong), the police do a number of things.
They investigatethe crime (= try to find out what happened and who is responsible). If they catch(= find) the person they believe is responsible for the crime, they will arrest them (= take them to the police station because they think the person has committed the crime).
At the police station, they questionthem (= ask them questions).
If they are sure that the person committed the crime, the person is charged withthe crime (= the police make an official statement that they believe the person committed the crime).
For a serious crime (e.g. murder), the person must then go to court for trial.
In court,the defendantmust try to prove(= provide facts to show something is true) that they did not commit the crime. In other words, they must try to prove that they are innocent (opp. guilty).Twelve members of the public (called the jury)listen to the evidence (= information about the crime, for and against) and then make their decision. People who see a crime are witnesses,and they usually give evidence at a trial.
If someone is guilty of a crime, the judge will give the sentence(= the punishment). If a person is guilty of murder, the sentence may be 10-20 years in prison.The person then becomes a prisoner.For crimes that are not serious (called minor offences,e.g. illegal parking), the punishment is usually a fine(= money you have to pay).
1. Draw lines to combine the two halves of the sentences to describe the functions of each.
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