LEGAL PROFESSION IN GREAT

BRITAIN

Warming-up:
1. Why did you make up your mind to become a lawyer?
2. Did anybody advice you to choose a career?
3. What is the most attractive thing for you in the legal profession?

Vocabulary notes:
successor спадкоємець, наступник
attorney повірений, адвокат, юрист,
прокурор
proctor проктор, інспектор, повірений
litigation судовий процес, тяжба
ecclesiastical церковний
to consolidate закріпити, об’єднати
to provide for передбачувати
clerkship посада секретаря клерка
entrant абітурієнт; той, хто наново
заступає на посаду
to admit допускати, приймати
to enroll реєструвати, заносити до
списку, записуватися
officer судовий виконавець
to be permitted to мати дозвіл
to incorporate змішувати, приймати,
об’єднувати, інкорпорувати
liability відповідальність
to be liable for бути відповідальним за
to make a will складати заповіт
estate власність
to draw up складати документи
documents
conveyancing передача власності
brief короткий письмовий виклад
справи, висновок
to brief доручати ведення справи у
суді
to approach звертатися до
to represent the представляти клієнта в суді
client at the trial
right of audience право виступати в суді
 to compel примушувати
defamation наклеп
to sue позивати, подавати позов до
суду
negligence недбалість
to owe бути зобов’язаним
(the) Inns of Court юридичні спілки, які готують
адвокатів
the Bar адвокатура
to lay down затверджувати
attendance присутність, відвідування
unsubstantiated необґрунтований
to bias схиляти, (погано) впливати
to comply підкорятися, виконувати
to withdraw from відмовитися
to settle pleadings складати змагальні папери
to acquire досягати, оволодіти
(навичками), набувати
to relinquish відмовлятися, передавати,
поступатися
henceforth з цього моменту
thenceforward надалі

THE LEGAL PROFESSION

There are two branches of the legal profession in Britain: barristers and
solicitors of the Supreme Court. In most other countries, including some parts of
the Commonwealth, there is no such division.
Solicitors
The modern solicitor is the successor of three former ancient professions
known as attorney (or representative), solicitor, and proctor. These assisted judges
in the King’s Bench in the early stages of litigation or carried out the less skilled
work in the ecclesiastical and Admiralty courts. By a succession of Solicitors Acts,
1939 to 1974, the profession has been unified and regulated (the 1974 Act
consolidates the law). The regulations of the Law Society provide for:
(i) the scales of remuneration and fees of solicitors;
(ii) the terms and conditions of articles of clerkship for new entrants;
(iii) courses for the education and training of students;
(iv) the conduct of examinations;
(v) the discipline of all solicitors.
A person who has served articles (from 2-4 years) to a solicitor, and who
passes the examinations of the Law Society, may be admitted a solicitor by having
his or her name enrolled. Enrolled solicitors thereby become officers of the
Supreme Court, and each receives a Certificate to Practise which is renewable
annually. As from 1 October 1984 solicitors are permitted to advertise on certain
terms and also advertise properties for sale. In accordance with the Courts and
Legal Services Act 1990 they are also permitted to form partnerships with foreign
firms.
Duties of a Solicitor. Most solicitors are employed in private practice, either
alone/or in a partnership firm, with the right to incorporate with limited or
unlimited liability. Others are employed in the public service, industry, and
commerce.
Practising solicitors are consulted by, and receive instructions from lay
clients on a wide variety of matters both civil and criminal, e.g. the making of
wills, administration of estates, family matters, the formation of companies,
drawing up of documents, conveyancing, and criminal offences of all kinds. In
cases of unusual difficulty or where a trial is to take place in the superior courts,
the solicitor takes instructions from the client, prepares a brief and approaches a
barrister (counsel) to give an “opinion” or represent the client at the trial.
Solicitors’ rights of audience in the magistrates’ courts, county courts and
limited rights of audience in the Crown Court and the Supreme Court have now
been extended by the Courts and Legal Services Act 1990,
The relationship between solicitor and client is based on professional
confidence, and a solicitor cannot be compelled to disclose in court
communications made in a professional relationship. Nor is a solicitor liable for
defamation in respect of statements made in court during the course of a trial.
Solicitors are, however, liable to be sued for damages for negligence in the conduct
of their profession: e.g. where they have carelessly lost documents entrusted to
them. In certain situations it has also been held that a solicitor might owe a duty of
care in tort to a third party (Ross v. Caunters, 1980 and Al-Kandari v. J.R. Brown
& Co., 1987).
Barristers
Anyone wishing to become a barrister must join one of the four Inns of
Court: Gray’s Inn, Lincoln’s Inn, Inner Temple, or Middle Temple. These four
Inns of Court are unincorporated bodies of medieval origin, owned and controlled
by their senior members called the Masters of the Bench.
The Senate of the Inns of Court and the Bar, formed in 1974, can be
regarded as the governing body of the Bar today, since the Inns follow the general
policy laid down by the Senate and the judges have agreed that disciplinary powers
shall be exercised in accordance with the Senate’s regulations.
Intending barristers must make a certain number of attendances (known as
“keeping term”) at their Inn, and to qualify for Call to the Bar they must pass the
examinations conducted by the Council of Legal Education. After passing the
examinations a barrister intending to practise must undertake one year’s pupilage
in chambers. After six months barristers have the right of audience in any court of
law in England and Wales. As noted above, they may take instructions only from a
solicitor, not from a lay client direct. Unlike the solicitor, they may not sue for
their fees and are not liable in negligence in the conduct of a case.
Duties of a Barrister. A barrister intending to practise must choose in which
part of the law he or she intends to specialize. A barrister is essentially an advocate
whose task is to present his or her client’s case effectively in court. Counsel’s duty
to put their client’s case does not extend to advancing the client’s unsubstantiated
belief that the judge is biased and corrupt. In this case the barrister must either
refuse to comply with the client’s instructions or withdraw from the case -
Thatcher v. Douglas (1996). Their work includes the drafting of opinions on
difficult points of law, the settling of pleadings and advice on evidence and
procedural matters.
The difference between the two branches of the profession may be
summarized as follows:
Barristers are advocates; solicitors are not necessarily so.
Barristers have the right of audience in all courts; solicitors have only a
limited right.
Barristers specialize in certain branches of the law; solicitors tend to be
general practitioners.
Barristers deal with legal matters; solicitors may be consulted about many
non-legal matters, e.g. family, business or financial matters.
Barristers are instructed by solicitors, who are instructed by the lay client.
Barristers cannot sue for their fees; solicitors can.
Barristers may not be liable for negligence in the conduct of a case;
solicitors may.
Solicitors are controlled under the Solicitors Acts, 1839-1974; barristers are
controlled by their Inns of Court and the recently established Senate, non-statutory
bodies.
Queen’s Counsel
When a barrister has acquired a substantial practice, application may be
Counsel made to the Lord Chancellor to “take silk”, i.e. become a Queen’s
Counsel.
If the applicant’s request is granted, letters patent are issued and he or she
will then be called “within the bar” thus relinquishing their former status of “outer”
or “utter” barrister. Henceforth they wear a silk gown.
By this new status the successful applicant will expect to attract more
important cases and to command higher fees. He or she will no longer draft
pleadings, conveyances, or similar documents. Thenceforward they will have the
assistance of junior counsel who will be briefed with them. A Queen’s Counsel is
distinguished by the letters Q.C. after their name, and is referred to as a “Leader”.

Task 1. Give the English equivalents of the following words & expressions.
Судові Іни, складати заповіт, доручати молодому юрисконсульту ведення
справи в суді, передбачувати, мати дозвіл співробітничати з іноземними
фірмами, звертатися до баристера, представляти клієнта в суді, складати
документи, бути відповідальним за недбале ведення справи, мати право
виступати в суді, наклеп, передача власності, відмовитися від справи,
виконувати інструкції клієнта, впливати на суддю, відмовлятися від
колишнього статусу, складати змагальні папери, бути примушеним.
 Task 2. Find the corresponding Ukrainian equivalents of the following
expressions.
not be liable for negligence in the conduct of a case, draft pleadings, the right of
audience in all courts, successor, join one of the four Inns of Court, acquire a
substantial practice, officers of the Supreme Court, follow the general policy laid
down by the Senate, conveyance, limited or unlimited liability, make a certain
number of attendances at their Inn, in the early stages of litigation, sue for the fees,
relinquish the former status, prepare a brief, unsubstantiated belief, new entrants,
comply with the client’s instructions.

Task 3. Write down the word-families of the following words:

liability, conveyance, brief, advocate, pleading.

Task 4. Match the verbs & the nouns.

1. incorporate with a. a barrister
2. sue for b. legal matters
3. relinquish c. the former status
4. present d. a will
5. draw up e. the case effectively in
court
6. make f. the client’s instructions
7. comply with g. documents
8. be consulted about h. the case
9. approach i. fees
10.withdraw from j. limited or unlimited
liability

Task 5. Read the text again to find out if the following statements are true
or false.
1. Barristers are paid directly by clients.
2. Professional examinations must also be passed before anyone can
become a solicitor.
3. Solicitors can present cases in lower courts.
4. The solicitor is the first point of contact with the law for a client in the
UK.
5. 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.
6. There are only a few solicitors who are allowed to present cases in the
higher courts.
7. The Bar is an advocacy profession.
8. After passing the examinations a solicitor intending to practice must
undertake one year’s pupilage in chambers.
9. Practicing barristers receive instructions from lay clients on a wide
variety of matters both civil and criminal.
 10. A barrister and a solicitor are both qualified lawyers.

Task 6. Fill in the gaps in the text below with the appropriate words &
word-combinations from the box.
solicitors, one of the four Inns of Court, the lower courts, judges, guilty, a brief, a
Queen’s Counsel, defamation, barristers, negligence

1. “Preparing … for counsel” means a solicitor writes a detailed

description of a case so as to inform the barrister of all the facts and main legal
points.
2. … are trained lawyers, nearly always ex-barristers, who sit in court,
hear and decide legal matters.
3. In Britain a person is innocent unless found … .
4. Barristers may not be liable for … in the conduct of a case.
5. … carry out routine matters.
6. … are called in to advise on really difficult points.
7. A solicitor may represent the accused only in … .
8. … is distinguished by the letters Q.C. after their name.
9. Anyone wishing to become a barrister must join … .
10. A solicitor is not liable for … in respect of statements made in court
during the course of a trial.

Task 7. Complete the following sentences.

1. When a barrister has acquired a substantial practice, he may become … .
a) a judge;
b) a Queen’s Counsel;
c) the Crown Prosecutor.
2. In England the decision of a law student is between becoming … .
a) a barrister or a solicitor;
b) a barrister or a judge;
c) a solicitor or a prosecutor.
3. The solicitor usually deals with …
a) petty crimes and matrimonial matters;
b) arguing cases;
c) presenting cases in any court.
4. Barristers specialize in …
a) arguing cases in front of a judge and representation in Magistrates’
Courts;
b) advocacy;
c) employing solicitors.
5. … in the UK is an independent qualified lawyer.
a) a solicitor;
b) a magistrate;
c) a barrister.
 Task 8. Find in the text the words& expressions with the following
meanings.
a. connected with the law, required by the law;
b. gathering of people for the purpose of hearing a speaker, etc.;
c. speaking or pleading in the court;
d. an English lawyer who specializes in arguing cases and representation
in any court;
e. professionally working;
f. an English lawyer who gives advice to clients, investigates, prepares
documents;
g. support of a client in a Court;
h. barrister’s offices;
i. allowed to speak in court;
j. lawyer who prepares a case for court.

Task 9. Replace the s in a bold type with the synonyms.

1. This affair requires experience and hard work.
2. Who is responsible for the inquiry?
3. Could you recommend me what barrister to choose?
4. He is not an attorney and has no freedom to decide on the case.
5. What reasons to suspect him of robbery have you got?

LEGAL PROFESSION IN THE USA

Warming-up:
1. Are there different kinds of lawyers in your country? If so, define
them.
2. Can you describe the way lawyers become qualified to practice law in
Ukraine?
3. Outline the main functions of a lawyer in Ukraine.

Vocabulary notes:
attorney аторней, уповноважений,
юрист, адвокат
trial court adjunct помічник суду першої
інстанції
grist зерно, кількість
bench суд, судді, склад суду, судова
 присутність
promotional pattern система просування по службі
litigator спеціаліст, який проводить
судовий процес
office lawyer судовий виконавець
counsel адвокат, який бере участь у
справі
promise договірний обов’язок
litigant сторона судового процесу
adversary протилежна сторона судового
процесу
the American Bar Американська асоціація
Association адвокатів
legislature законодавча влада
affiliate входити до складу,
приєднувати(ся)
eligible той, який має право
reciprocity взаємність

JUDGES IN THE USA

The multitudinous judicial systems in the United States are operated by a
variety of persons. Judges are at the core of any court system. They are the
decision makers, the key officials around whom all else is arranged. However,
there is a vast supporting cast. Most intimately connected with the judges are those
who assist them in the process of deciding issues and cases: law clerks, staff
attorneys, and trial court adjuncts. Beyond these are the clerical and administrative
personnel: secretaries, clerks of court and their staffs, judicial educators, and court
administrators. Outside the court systems are numerous organizations whose
functions are to assist the courts in various ways. Finally, there are the lawyers
who present cases, thus supplying the grist for the judicial mill.
Because American judges sit on courts of widely varying types and come
from a variety of backgrounds and experiences, it is difficult to generalize about
them. Two generalizations, however, are possible. First, judges in the United States
initially come to the bench from other lines of legal work and after a substantial
number of years of professional experience. Second, once on the bench they do
not, in the main, follow a promotional pattern through the ranks of the judiciary.
Compared to the English and civil-law systems of judicial recruitment and
promotion, the methods used in the United States are quite varied. These
procedures generally lack means of assuring professional quality. Moreover, the
American judges’ backgrounds are much more diverse than those of the English
and civil-law judges. With the relatively minor exception of some lay judges on
state courts of limited jurisdiction, all American judges have studied law and been
licensed to practice law.
 Although most judges have actually practiced law, the nature of that practice
can be quite varied. Many judges have been litigators, but some have been office
lawyers or counsel to organizations such as corporations or private associations.
The types of law practice that judges have experienced range from small-town
general practice to specialized fields in large metropolitan firms. Numerous judges
have been lawyers in government service as prosecuting attorneys or counsel to
government agencies, either state or federal. Some judges are former law
professors, but their number is small. Many judges have earlier been active in
political affairs, often as legislators, political campaign managers, or party
committee members or chairmen. Indeed, many American judges can be described
as former lawyer-politicians.
Another feature of the American judiciary that sharply distinguishes it from
that of civil-law countries and other common-law countries is that persons can
enter the judicial system at any level. A lawyer can initially become a judge on the
highest court, the lowest court, or any in between. There is no system or pattern
about this. In other words, a lawyer who has never been a judge can become a
judge on a court of last resort or an intermediate appellate court or trial court, in
either a state or the federal system. Lawyers who come on the bench at the trial or
intermediate appellate levels have no real promise of moving to a higher court,
although some may have hopes in that regard. Some judges do move up, but most
spend their entire judicial careers on the same court. There is no system of
promotion and no substantial sentiment among American lawyers, judges, or
politicians that such a system would be desirable.

LAWYERS
It is a longstanding tradition in the Anglo-American legal world that anyone
can represent himself in court. But contemporary law and judicial procedure are so
complicated that it is unrealistic for a litigant to represent himself in any but the
simplest matters. Lawyers are essential to ensure the full and fair presentation of
cases. American courts, being passive agencies in the common-law tradition,
depend on lawyers to present the litigants’ positions and to develop the evidence
and the legal arguments. Under the adversary system it is each lawyer’s obligation
to present his client’s case to the court vigorously and completely. Lawyers are
thus an integral part of the machinery of justice.
In the United States admission to the practice of law and the governance of
the legal profession are matters of state concern. One can speak accurately, for
example, of “the Virginia bar” or “the Texas bar” or “the Illinois bar”, meaning the
lawyers in each of those states who have licensed by those states. There is no
national or federal authority to admit persons to the legal profession. The entity
known as the American Bar Association is a private, voluntary, nationwide
organization of some 370,000 lawyers from all states; it is the largest organization
of lawyers in the country, although there are many other private bar associations,
often based on areas of legal specialization.
 In each state the requirements for admission to the bar are set by the
Supreme Court or the legislature or the two acting together. Typically graduation
from an accredited law school is required; there are more than 170 such schools in
the United States, almost all affiliated with universities. Law school requires a
three-year course of study after a student has attended college for four years and
received a bachelor’s degree. Law school graduates are awarded the degree of Juris
Doctor (J.D.). They are then eligible to take a state bar examination, a written
examination lasting two or three days. These examinations are usually
administered by a body of lawyers, known as bar examiners, acting under the
authority of the state’s Supreme Court. Applicants who pass the bar examination
and who also meet the requisite standards of character are admitted into the bar by
that court.
Within the legal profession there is no formal division; there are no
barristers or solicitors. Anyone admitted to the bar in a state is legally authorized to
engage in any kind of legal practice in that state. As a practical matter, there is an
increasing degree of specialization among lawyers. Typical areas of specialization
are litigation, taxation, labor law, patent law, family law, trusts and estates, and
various branches of administrative law.
A lawyer admitted to one state’s bar can practice in another state only if he
gets admitted in that state or that state recognizes the original state’s admission.
This kind of reciprocity is accorded in some states but not in all.

Task 1. Find the corresponding Ukrainian equivalents of the following

English ones.
the multitudinous judicial systems, trial court adjuncts, to assist in the process of
deciding issues and cases, to supply the grist for the judicial mill, to come to the
bench from other lines of legal work, to follow a promotional pattern through the
ranks of the judiciary, litigators, to enter the judicial system at any level, a court of
last resort, to ensure the full and fair presentation of cases, to present the litigants’
positions, to develop the evidence and the legal arguments, an integral part of the
machinery of justice, the American Bar Association, to meet the requisite
standards of character, to be admitted into the bar, to engage in any kind of legal
practice.
Task 2. Give the English equivalents.
колегія адвокатів, протилежна сторона судового процесу, судовий
виконавець, мати право, адвокат або група адвокатів, які беруть участь у
судовій справі, спеціаліст, який проводить судовий процес, аторней,
найвищий суд, бути прийнятим до колегії, займатися будь-якою юридичною
практикою, представляти інтереси однієї із сторін судового процесу,
розкривати докази та судові аргументи.

Task 3. Write down the word-families of the following words.

litigator, judiciary, counsel, promotion, judge.
 Task 4. Match the following adjectives with the nouns & translate the
word-combinations.
legal administrators
adversary associations
bar careers
judicial system
trial court practice
court jurisdiction
limited adjuncts

Task 5. Find the correct answers.

1. A person whose profession is advising others in matters a) a court
of law or representing them in lawsuits is ... administrator
2. A person with authority to decide cases in a court of law b) a litigator
is ...
3. An official in charge of the records of a court is ... c) a litigant
4. A lawyer who is responsible for bringing criminal d) a lawyer
charges against sb in a particular area or state is ...
5. A person who takes a claim or dispute to a court of law is e) a clerk of court
...
6. A person who is making or defending a claim in a court f) counsel
of law is ...
7. A lawyer or group of lawyers representing sb in a court g) a district attorney
of law is ...
8. A person whose job is to manage and organize the court h) judge
is ...

Task 6. Find a word or an expression which best completes the sentence.

1. In the USA judges ...
a) are drawn from the experienced practitioners – barristers.
b) have practiced law, the nature of that practice can be quite varied.
c) begin their professional careers as judges.
2. A lawyer can initially become a judge ...
a) on the highest court.
b) on the lowest court.
c) on the highest court, on the lowest court, or any court in between.
3. In the USA attorney at law ...
a) performs both civil and criminal legal functions for clients.
b) does not represent the clients in court.
c) is the specialist with particular skills in advocacy.
4. In the USA law school graduates ...
a) must spend a similar year as pupils.
b) are awarded the degree of Juris Doctor.
c) are not necessarily qualified.
 5. In the USA anyone admitted to the bar in a state ...
a) is allowed to present cases in the higher courts.
b) spends much of his time preparing briefs for counsel.
c) is legally authorized to engage in any kind of legal practice in that state.

Task 7. Match the different branches of the law with the sphere of their
application.
1. litigation a) treaties and cross-border
agreements
2. corporate and b) bringing lawsuits against others
commercial
3. family c) contracts and mergers
4. environmental d) rules applied to how a
prosecution or civil action is
conducted
5. employment e) civil cases
6. private f) pleading a case in court on
behalf of a client
7. advocacy g) divorce and marriage
settlements
8. public h) relating to creativity, published
international ideas and art forms
9. intellectual i) equal opportunities and fair pay
property
10. procedural law j) regarding industrial waste and
pollution

Task 8. Complete the following sentences translating the words in

brackets.
1. (Судді) are the decision makers, the key officials around whom all
else is arranged.
2. Beyond these are the clerical and administrative personnel:
secretaries, (секретарі суду) and their staffs, judicial educators, and court
administrators.
3. American courts depend on lawyers (представляти інтереси сторін у
суді) and to develop the evidence and the legal arguments.
4. There are many other private (колегії адвокатів), often based on areas
of legal specialization.
5. A lawyer who has never been a judge can become a judge (в
найвищому суді) or an intermediate appellate court or trial court, in either a state
or the federal system.
6. Lawyers who come on the bench at the trial or intermediate appellate
levels have no real (обов’язок) of moving to a higher court.
 Task 9. Answer the questions.
1. What people are involved in court cases in the US?
2. How do judges in the United States initially come to the bench?
3. Do they follow a promotional pattern through the ranks of the
judiciary?
4. What methods of judicial recruitment and promotion are used in the
United States?
5. Who is essential to ensure the full and fair presentation of cases?
6. What is each lawyer’s obligation?
7. Whose matters are the admission to the practice of law and the
governance of the legal profession?
8. What is the American Bar Association?
9. What are the requirements for admission to the bar?
10. Is there a formal division within the legal profession in the US?
11. What are typical areas of specialization among the US lawyers?

Task 10. Study the article below & answer the questions.
1. What are the names of the plaintiff and the defendant in the lawsuit?
2. What was the issue at the heart of the dispute?
3. What were the claims of both parties?
4. How did the Random House editor describe the manuscript?
5. How did Joan Collins’ attorney build up the defense?