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PARTII: A CAREERIN THELAW
ning 2:
20 ..:;: Several different words can be used to refer to a lawyer. Listen to three
law students in the UK talking about the kind of work they would like to do
when they have completed their law studies. Write the correct word for lawyer
in the gaps.
Anna:
Daniel:
Anna:
Jacob:
21 Discuss these questions.
1 Does your native language have more than one word for lawyer? Do they
correspond to the different English words for lawyer mentioned above?
If not, how do the concepts differ?
2 What is each type of legal practitioner in your jurisdiction entitled to do?
3 What English term do you use to describe your job or the job you would like
to do?
22 a Combine the nouns in the box with the verbs below to make combinations to
describe the work lawyers do. Some of the verbs go with more than one noun.
cases clients contracts corporations decisions defendants
disputes law legislation
1 advise
2 draft
3 litigate
4 practise
5 represent
6 research
b Choose three 'verb + noun' pairs from above and write sentences using
them.
23 Choose the words from the box which can be combined with the word lawyer to
describe different types of lawyer. Say what each one does.
bar corporate defence government patent practitioner
public-sector sole tax trial
11
~
on: e
In English-speaking countries, the Bar is a term for the legal profession itself, while a bar
association is the association which regulates the profession. A person who qualifies to
practise law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him
or her unable to practise law.
The following text is an excerpt from a guide written for schoolleavers about courses of
study in English-speaking countries. This section of the guide deals with the study of law
and the requirements for entering the legal profession in the UKand the USA.
24 Read the text and say whether legal education in your country is more similar
to the UK or the US model.
a
~ as
ata set of barristers'
of grollPs 0£20+60 barristers.
l solicitor must also complete
ga~I1iI1ga law degree; the second stage
Practice Course (LPC); and the final
as a trainee solicitor with a firm of
of a local authority or large company.
Studying law in the USA
the a legal education comprises four years of undergraduate study
followed by three of law school. A law-school graduate receives the
degree of juris doctor G.D.). In order to qualifY as a lawyer, a law-
school graduate must pass the bar examination.
25 Find terms with the word bar in the introduction to this section and in the text
above which match these definitions.
1 a lawyer who is qualified to plead on behalf of clients
2 in the UK, a training course which enables people who wish to become
barristers and who have registered with the Inns of Court to acquire the
skills and knowledge to prepare them for the specialised training of the
pupillage
3 a ceremony held at the end of this training course, when a candidate enters
the profession
4 organisation regulating the legal profession
5 in the USA, an important test taken by law-school graduates which, when
passed, qualifies a person to practise law
6 granted entrance to the legal profession
7 to compel a lawyer to stop practising law due to an offence committed
12 Unit 1 The practice of law
~
c
26 Read the following CV (curriculum vitae)1 of a young British lawyer and answer these questions.
1 Where did he work in summer 2002?
2 What languages does he speak?
3 Where did he complete his first degree?
4 What was his main duty at the European Commission?
5 What is he doing now?
. Nationality: British
Date of birth: 12 May 1982
EDUCATION
2000-2004
2DD2-2003 Universite Paris X, Paris, France
DEUG (French law degree), Nanterre
Part of the degree programme at University of Essex included an intensive
course in French. Among subjects studied: European Community Law,
Information Law, Civil Law and Penal Law
LEGALWORK EXPERIENCE
June 2004- Europeat\Co1.llmissioll, Brussels, Belgium
February 2005 Legal Assistant witl1in the LegalDepartrnent ofthe Service Commtine Relex
(SCR).Drafting opip.ions in EngliSl1 and French dealing with contracts awarded
for projects
Summers G. R. Foster & Co. Solicitors, Cambridge, UK
2001 2004 Liaison with clients; conductil1gresearch into multiple legal areas,
including family law, tort law and contracts; assisting with trial preparation
Summer 2000 Westlake Chambers, Bath, UK
Mini-pupillage, involving shadowing a number of counsel; assisted in
daily activities
SKILLS AND QUALIFICATIONS
Languages: Native English speaker; fluent in French (written and spoken);
upper -intermediate Swedish
Computing: Proficient in Word, Windows, email
Membership: The Law Society
Strong researching and writing skills
INTERESTS
Skiing, French history, chess
References available upon request
,
1 (US) resume or resume
13
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nlng 3:
27 .. ~ Linus Walker has applied for a position at a law firm. Listen to his job
interview and answer these questions.
1 What does Mr Nichols say about the atmosphere of the firm?
2 What does Linus say about the size of the firm?
28 .. ~ Listen again and complete this organigram of the firm using the words in
the box.
Associate Full Partners Mr Robertson Paralegal Real Property Salaried Partner
1) , Mr Michaels
Senior Partners
3) ' Department Debtor-Creditor Department
Secretary
Salaried Partner 4) ................
Associate 5) .
6) ................ Paralegal
Associate Associate
Paralegal Paralegal
Associate
ng 3: bing
29 Look at the following phrases used by Mr Nichols to describe the firm. Which
can be used to speak of a department or company, and which of a person?
Which can be used for both?
... is/are headed by...
... is/are assisted by ...
... is/are managed by...
... is/are responsible for ...
... is/are in charge of ...
... report to ...
30 Using the phrases in Exercise 29, describe the structure of a law firm with
which you are familiar or the one just described in Listening 3. Refer to the
positions and duties of the personnel.
14 Unit 1 The practice of law
E
..
31 .. ~ Listen to five lawyers talking about their firms, practice areas and clients.
Tick the information you hear about each speaker.
Speaker 1 ...
1 has a few years' working experience. 0
2 works as a clerk at a mid-size commercial law firm. 0
3 will get to know other departments of the firm. 0
4 meets with clients regularly. 0
5 plans to specialise in commercial litigation. 0
Speaker 2 ...
1 is a sole practitioner. 0
2 works in the area of employment law. 0
3 deals with wage disputes. 0
4 represents clients in mediation. 0
5 has many clients who are small businesses. 0
Speaker 3 ...
1 works in the area of secured transactions. 0
2 carries out trade-mark registrations. 0
3 assists clients who are in artistic professions. 0
4 serves as an expert witness in court. 0
5 is a partner in a large IP firm. 0
Speaker 4 ...
1 is a senior partner in a mid-size law firm. 0
2 specialises in competition law. 0
3 represents clients before the employment tribunal. 0
4 deals with infringements of the Competition Act. 0
5 has clients in the telecommunications sector. 0
Speaker 5 ...
1 owns shares in his firm. 0
2 argues cases in court. 0
3 works in the area of real property law. 0
4 represents landlords but not tenants. 0
5 teaches courses on litigation at the law university. 0
32 Discuss these questions.
1 Which kind of firm do you work in or would you like to work in?
2 Which areas of the law have you specialised in or would like to specialise in?
ni 5: c
33 Read this excerpt from an article in a law-school newspaper about
law firm culture. Which type of firm would you prefer to work for? Why?
size. Law firms
from a one-person
, practice (conducted
15
34 ..;:: Listen to Richard, a law student, talking to a group of first-year law students
at an orientation event at law school. He tells them about his experience as a
clerk in different law firms. Answer these questions.
1 Why do the professors encourage students to do work experience?
2 How long have Richard's clerkships generally lasted?
3 What is Richard's final piece of advice?
35 ..;:: Listen again and tick the advantages of small and large law firms Richard
mentions. In some cases, he says both types of firm have the same advantage.
36 Discuss these questions.
1 Do you have any experience working as a clerk in a law firm? In what ways
was it similar or different from Richard's experience?
2 What kinds of tasks and responsibilities do clerks in your firm have?
3 Do you agree with the way Richard characterises small and large law firms?
Unit 1
To improve your web-based research skills, visit www.cambridge.orgjeltjlegalenglish.click on
Research Tasks and choose Task 1.
16 Unit 1 The practice of law
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THE LEGAL PROFESSION
Unit 1A / Foundation
WORKING IN LAW
Exercise 1
Look at this list of legal occupations. All of these people work in law. We call all of the people who work
in these jobs, ‘the legal profession’. Match the jobs with one of the descriptions.
Solicitor Attorney Barrister Lawyer
a This person is a lawyer who gives legal advice and opinions to solicitors. He or she passed the
exams of the Bar Council of England & Wales at the end of his or her studies.
b This person is a lawyer who gives legal advice to individuals and companies. He or she passed his
or her exams in the USA at the end of his or her studies and is usually a member of the American
Bar Association.
c This person is a lawyer who gives legal advice to individuals and companies. He or she passed the
exams of the Law Society of England & Wales at the end of his or her studies.
d This the general job title that we use for people who work as a solicitor, barrister or attorney.
Exercise 2
Read this text about working in law. The most important words are in the key vocabulary below. Decide if
the statements on the next page are true or false.
Key vocabulary
l lawyer l practise l barristers l law firm
l attorney l judge l training contract l acting for
l qualified l legal practice l partnership l represent
l litigation l advocacy l pleading a case l specialise
l right of audience l appear l solicitors l clients
There are two types of lawyer who practise in who work together. Solicitors practise in many areas
England. They are called barristers and solicitors. of law, although each solicitor usually chooses to
In the USA and most other countries, lawyers don’t specialise in one particular area. They represent their
make this division – a lawyer is simply known as an clients both in and out of court. We often describe
attorney at law, or an attorney. this as acting for a client. The process of making a
claim in the civil court is called litigation.
In both England and the USA, it is not possible to
take a special exam to be a judge. If you decide Barristers are self-employed lawyers and don’t work
that you want to be a judge, you must get a lot of in partnerships in the way that solicitors do. They
experience as a lawyer first, then apply to be a are specialists in advocacy, which is the skill of
judge and wait to see if you are chosen. speaking for someone in court. We call this
pleading a case. They also give opinions on areas
Most law students in England become solicitors.
of law to solicitors and the solicitors’ clients. It is
When they finish their university studies they do a one
not just barristers who have the right of audience
year legal practice course and then a two-year
in court – solicitors are also allowed to represent
training contract with a law firm. After that, they are
their clients in court and many solicitors appear in
qualified solicitors. Many solicitors work for a legal
court every day. It is not true to say that a client
practice, which is usually a partnership of solicitors
always needs a barrister in court.
© Catherine Mason & Rosemary Atkins 2007 3
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Unit 1A / Foundation
a There are two types of lawyer practising in England. True False
b Last year I finished my training contract and I started working for a True False
large international law firm. I am now a qualified lawyer.
c Only barristers can speak on behalf of clients in court. True False
d Many solicitors work together in partnerships but barristers don’t. True False
e In the USA and England lawyers can take a special exam to be a judge. True False
MAKING A CLAIM IN THE CIVIL COURT
In the English and American legal systems we divide the law into two main areas. These are criminal law
and civil law.
This means that everything that is not a criminal matter is a civil matter.
Exercise 1
Look at these situations and decide if the person needs a criminal lawyer or a civil lawyer.
In other words, is it a criminal matter or a civil matter?
a Mr Bellerby is opening a new factory. He d Mr Flynn owns a restaurant. He has a
needs to visit a lawyer to get a contract for contract with a company to deliver fruit and
all of his employees to sign. vegetables to his restaurant. The company
didn’t deliver them on the agreed date, so
criminal civil
Mr Flynn lost money because he could not
b Mrs Robson is thinking about what she wants open his restaurant that day. Mr Flynn needs
to happen to her house and possessions after to see a lawyer about asking the delivery
her death. She needs to visit a lawyer to get company to give him the money he lost.
the correct document, which is called a ‘will’.
criminal civil
criminal civil
e Mr Allen is a bank manager. The bank is
c The police are taking Mr Dean to the police saying that some money is missing. Mr Allen
station because they say he stole a car. He has a new car and expensive clothes. The
needs a lawyer to come and visit him there police are coming to ask Mr Allen some
to tell him what to do. questions. He needs a lawyer immediately.
criminal civil criminal civil
Help desk
What do these words mean?
criminal law – the law that punishes acts a matter – a subject or situation, e.g. a criminal
against a person or against property that people matter, a civil matter.
consider to be harmful to the whole community.
a will – a legal document in which a person gives
The state prosecutes criminals.
details of what they want to happen to their
civil law – the law concerning the rights and property after their death.
duties of private individuals and companies
to steal (stole) – to take something that belongs
rather than criminal matters.
to someone else with the intention of keeping it.
4 © Catherine Mason & Rosemary Atkins 2007
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