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Legal Profession in the United Kingdom
1. Federal State Treasury Educational Institution of Higher Education??Saint Petersburg Academy of the Investigative Committee of
Federal State Treasury Educational Institutionof Higher Education
«Saint Petersburg Academy of the Investigative
Committee of the Russian Federation»
Legal Profession in the
United Kingdom
2. Essential words and phrases:
Legal profession[prəˈfeʃən]
To qualify as a lawyer
[ˈkwɔlɪfaɪ] [ˈlɔːjə]
Solicitor
[səˈlɪsɪtə]
Barrister
[ˈbærɪstə]
Magistrates’ Court
[ˈmæʤɪstreɪt kɔːt]
County Court
To recover debts
[ˈkauntɪ] [kɔ:t]
Профессия
юриста/адвоката,
юридическая
профессия
Получить
квалификацию
юриста
Солиситор, адвокат,
поверенный
Барристер, адвокат,
имеющий право
выступать в высших
судах
Магистратский суд,
мировой суд
Суд графства
Взыскивать долги
3.
To present a case inthe higher court
Litigation
[ˌlɪtɪˈɡeɪʃən]
Counsel
[ˈkaunsəl]
To draft a contract
[drɑːft] [ˈkɔntrækt]
To draw up a will
To be salaried
Private law
[ˈsælərɪd]
Advocacy
[ˈpraɪvɪt] [lɔ:]
[ˈædvəkəsɪ]
To form a partnership
[ˈpɑ:tnəʃɪp]
Представлять дело в
вышестоящем суде
Процесс, судебный
спор, тяжба
1) Участвующий в
деле адвокат
2) Барристер
Составлять контракт
Составлять, оформлять
завещание
Получать жалование
Частное право
Защита в суде,
адвокатура
Создавать
партнерство,
4.
Иметь частную практикуTo be selfemployed
Chamber
[ˈʧeɪmbə]
Адвокатская контора
The Bar
[bɑː]
Коллегия адвокатов
The Inn of Court
[ɪn] [kɔ:t]
Школа подготовки барристов
Circuit
[ˈsɜːkɪt]
1) Судебный округ; 2)
выездная сессия суда
In-house lawyer
[ɪn-haʊs] [ˈlɔːjə]
Юрист, работающий в
компании
Right of audience [raɪt] [ˈɔːdjəns]
Право выступать в суде
Lord Chancellor
[lɔːd] [ˈʧɑːnsələ]
Лорд-канцлер (член кабинета
министров, спикер палаты
лордов)
5.
Most countries do not have a definite divisionamong lawyers; a person will qualify as a lawyer
though it will be possible after qualifying to
specialize in one particular area of law. The
general term "lawyer" covers anyone who has
been trained in the law and certified to give legal
advice. In England and Wales there are two types
of lawyers, solicitors and barristers. The nature
of the legal profession, the people who become
lawyers, the way they are organized, their
manner of practice, and the traditions they
observe have a profound effect on the legal
system of Great Britain.
6.
The solicitor is the first point of contact with thelaw for a client in the UK. The solicitor listens
carefully to the client, making sure their needs
are clearly understood and then explains the
legal position and gives advice. The solicitor deals
with a great number of problems. He can
represent his client in the Magistrates' Court
dealing with petty crimes and in the County
Court when the case deals with some family law
matters or with recovering debts. He prepares
the case and the evidence and actually speaks for
his client but he cannot appear in every court.
There are only a few solicitors who are allowed to
present cases in the higher courts.
7.
However if a solicitor wants to specialize inadvocacy and have an unlimited right to appear
as an advocate in all courts he must get a
certificate in advocacy. Many more solicitors work
in their litigation departments and spend much of
their time preparing brief for counsel.
Traditionally, they also undertake legal work out
of court involving drafting contracts or drawing up
wills or dealing with documents for buying or
selling a house or other property.
8.
Solicitors normally form partnerships with othersolicitors and work in offices. They are normally
salaried and may be offered a share in the profits
of the practice if they are successful. Solicitors do
a variety of work dealing with corporate and
commercial spheres, litigation, property, private
law, banking and finance, employment law and
environmental law.
9.
The qualification and practice of solicitorsare regulated by the Law Society. In 2012 in
England and Wales there were 120,202
solicitors with practicing certificates, and
the number is increasing every year.
10.
By contrast, barristers will only see the client inthe company of a briefing solicitor. The barrister is
the specialist with particular skills in advocacy, a
consultant who will examine the case and decide
what line to take in court. The barrister will rely on
the detailed brief prepared by the client's solicitor.
He is also an expert in the interpretation of law.
The barrister's main work is to represent his client
in the court where they are referred to as counsel,
to draft documents associated with court
procedure, and to give opinions about the legal
matter.
11.
solicitors, barristers can't form partnerships. They areself-employed working in groups called chambers or practice
at the Bar. In 2012 there were 15,204 practicing barristers in
over 400 chambers in England and Wales. Chambers are
traditionally located in the four Inns of Court in London –
Gray’s Inn, Lincoln’s Inn, Middle Temple and Inner Temple –
and are also located in the UK regions, known as circuits.
Unlike
12.
In addition, over 3,300 barristers are employed incompanies as in-house lawyers, or by local or national
government or in academic institutions. The Bar is an
advocacy profession. The Bar’s right of audience in the
higher courts remains unchallenged. The work is
divided equally between civil and criminal law. There
are over 70 specialist areas, including major ones like
property, finance and commerce. Barristers are
governed by the Bar Council and the Inns of Court.
13.
To become a judge the candidate must meetcertain requirements laid down by an Act of
Parliament. One of them is the candidate must
have practiced as a lawyer or judge for a definite
period of time. There are also other requirements
for specific judicial offices. The experience gained
as a judge in a lower court is one of the
qualifications for appointment to a higher court.
Senior appointments to the Court of Appeal and
the High Court are made by the Queen on the
recommendation of the Prime Minister, currently
on the advice of the Lord Chancellor who is a
senior member of the government and head of
the judicial system.
14. Questions
1. What kind of problems does a solicitordeal with?
2. What duties to the client and to the court
do solicitors have?
3. How do you qualify as a solicitor?
4. What are barristers experts in?
5. What is necessary to qualify as a
barrister?
6. What is the usual way to become a
judge?
15. Exercise 1
Give the words\phrases to the followingdefinitions
1) a lawyer who gives advice to his clients and
prepares documents
2) an official who is chosen from the most
senior barristers and presides over a court
3) a lawyer who specializes in presenting cases
in court and has the right of audience
4) to work independently for clients
5) to have a skill of pleading a case before the
court
16. Exercise 2
Give English equivalents using your activevocabulary
Судебное преследование; представлять
интересы клиента в суде; правовой вопрос;
специализироваться в гражданском праве;
детальное письменное изложение дела; давать
консультации по составлению завещания;
юрист, постоянно работающий в компании;
доказательства, представленные полицией;
несущий ответственность; предъявлять
судебный иск; нарушение закона; признавать
себя виновным; средство судебной защиты;
заниматься частной практикой; нарушать закон.
17. Exercise 3
Fill in the gaps with prepositions (in, to, of, as, on)1) to qualify … a lawyer
2) to rely … the detailed brief
3) to get a certificate … advocacy
4) to have the right … audience
5) to be offered a share … profits
6) to be appointed … the recommendation of the
Prime Minister
7) to have skills … advocacy
8) to listen … the client
9) to specialize … law
10) to be an expert … the interpretation of law
18. Exercise 4
Read the text and choose the appropriate word or wordcombination from the box to fill in the gaps
Solicitors, to specialize in, qualified, have the right of audience,
division, a partnership, represent their clients, barristers, a judge,
self-employed, practice, appear in court, areas of law, training
contract, advocacy
There are two types of lawyers who (1) … in England. They
are called (2) … and solicitors. In the USA and most other
countries, lawyers don’t make this (3) … - a lawyer is
simply known as an attorney at law, or an attorney.
Both in England and the USA, it is not possible to take a
special exam to be (4) … . To become a judge, it is
necessary to get a lot of experience as a lawyer first, and
then apply to be a judge and wait to see if you are chosen.
19.
Most law students in England become (5) … . When they finish theiruniversity studies they do a one-year legal practice course and then a
two-year (6) … with a law firm. After that, they are (7) … as solicitors.
Many solicitors work for a legal practice, which is usually (8) … of
solicitors who work together. Solicitors practice in many (9) …
although each solicitor usually chooses (10) … one particular area.
They (11) … both in and out of court.
Barristers are (12) … lawyers and don’t work in partnerships in the
way solicitors do. They are experts in (13) …, which is the skill of
speaking for someone in court. They also give opinions on areas of
law to solicitors and their clients. It is not just barristers who (14) …
in court – solicitors are also allowed to represent their clients in
certain types of courts and many solicitors (15) … every day.
20. Exercise 5
Read the text again and decide whether you agree ordisagree with the following statements. Correct the
false ones.
1. There are two types of lawyers practicing in England.
2. To become a judge it is necessary to pass special
qualification exams.
3. Only barristers can speak on behalf of their clients in
court.
4. Each solicitor prefers to become an expert in a
particular branch of law.
5. Many solicitors work together in partnerships but
barristers don’t.
6. In the USA and England lawyers can take a special
exam to be a judge.
21. Exercise 6
Choose the phrase which best completes eachstatement.
1. In most countries a person is referred to as a lawyer if
he…
A) has passed a considerable number of exams in law.
B) is officially qualified to deal with legal matters.
C) works in lawyer’s office but has no official proof that
he has successfully completed the course in law
2. In England a law student chooses between
becoming…
A) a solicitor or a prosecutor.
B) a barrister or a judge
C) a solicitor or a barrister
22.
3. The requirements which barristers and solicitorsmust meet are…
A) the same
B) practically the same
C) quite different
4. To become a judge in Great Britain it is necessary…
A) to pass a particular kind of examination
B) to become an experienced lawyer first, and then
apply to be a judge
C) to be enrolled in the list of potential judges
5. The solicitor usually deals with…
A) arguing criminal and civil cases in higher courts
B) presenting cases in any court
C) petty crimes and matrimonial matters
23.
6. Barristers specialize in …A) representing a case in Magistrates’ Courts
B) pleading a case before the court
C) briefing solicitor
7. A solicitor is allowed to represent his clients in
higher courts…
A) if he gets a certificate in advocacy
B) if he specializes in one particular area of law
C) if he is a member of the Law Society
8. Barristers who are asked by solicitors to act for
them in a case…
A) are employed by the Law Society
B) render legal assistance voluntarily
C) cannot be employed directly by clients
24.
9. A future solicitor is required…A) to have a two-year training period
B) to work as a clerk for five years
C) to get a licence to start his own practice
10. A barrister must work for a year as…
A) a trainee
B) a pupil
C) a managing clerk
25. Federal State Treasury Educational Institution of Higher Education??Saint Petersburg Academy of the Investigative Committee of
Federal State Treasury Educational Institutionof Higher Education
«Saint Petersburg Academy of the Investigative
Committee of the Russian Federation»
Prepared by students
of 1 course 181 group: Polina Falina
Natalia Gricuk
Artem Shompolov
Eugene Seregin