Legal Profession in the United Kingdom презентация

Essential words and phrases:

Most countries do not have a definite division among 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.

The solicitor is the first point of contact with the law 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.

However if a solicitor wants to specialize in advocacy 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.

Solicitors normally form partnerships with other solicitors 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.

The qualification and practice of solicitors are 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.

By contrast, barristers will only see the client in the 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.

Unlike solicitors, barristers can't form partnerships. They are self-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.

In addition, over 3,300 barristers are employed in companies 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.

To become a judge the candidate must meet certain 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.

Questions
1. What kind of problems does a solicitor deal 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?

Exercise 1
Give the words\phrases to the following definitions
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
6)to give the barrister all the details of the case which he will argue in court

Exercise 2
Give English equivalents using your active vocabulary
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.

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

Exercise 4
Read the text and choose the appropriate word or word combination from the box to fill in the gaps
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.
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

Most law students in England become (5) … . When they finish their university 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.

Exercise 5
Read the text again and decide whether you agree or disagree 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.

Exercise 6
Choose the phrase which best completes each statement.
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

3. The requirements which barristers and solicitors must 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

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

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