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Entering the profession
Exercise 1.Read the text and answer the following questions:
1. What examination does a lawyer pass in Britain?
2. Why do less than 5 percent of law students In Japan pass the examinations?
3. How long must a solicitor in England work as an articled clerk?
4. Why is the career in law popular in many countries?
How does someone become a lawyer?
In some countries in order to practice as a lawyer it is necessary to get a university degree in 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 requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitor). 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 finals was 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 outpace the 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 strengthens the attraction of its financial rewards.
Exercise 2. Give the English equivalents for the following:
– экзамен, который сдается при поступлении в Коллегию адвокатов;
– экзамен, дающий право быть членом Общества юристов (профессионального союза солиситеров);
– звание, степень;
– недостаточный;
– сдавать экзамены;
– требование;
– пройти учебный курс;
– основное требование;
– выпускные экзамены;
– клерк-стажер;
– наблюдать за кем-то, руководить кем-то;
– средняя заработная плата;
– опережать рост населения
– усиливать, укреплять.
TOPIC 5. PERSONNEL OF THE LAW
Text 1
Solicitors
Exercise 1.Read the text and answer the following questions:
1. What do solicitors begin their careers with?
2. What training does a solicitor undergo?
3. What does a solicitor's work consist of?
4. What do duty solicitors do?
5. What body governs the discipline of solicitors?
People with legal problems usually go initially to a solicitor, who unlike a barrister, can deal directly with the public. Most solicitors begin their careers with a degree, usually in law, from a recognised university followed by a year in a specialised law school run by Law Society.
Then follows two years' practical experience in «articles» with a solicitor. This intensive training qualifies a person as a solicitor, but young solicitors are required to follow refresher courses in specialised subjects from time to time.
Most solicitors need to be efficient business people. They work from an office, usually in partnership with a back-up service of clerks and legal executives. Legal executives are special clerks who receive specific training for legal work. The bulk of a solicitor's work consists of transfers of land and houses, divorce and family work, criminal work and wills.
Under the Police and Criminal Evidence Act 1984, duty solicitors are required to be available to advise people who have been detained by the police and who have a right to consult a lawyer. Solicitors operate the scheme on a rota basis and the advice they provide is paid for by the legal aid fund. Such advice is available free of charge to the client. The Law Society envisaged problems in introducing such a comprehensive scheme of duty solicitors to be available day and night.
The body which governs the training and discipline of solicitors is the Law Society.
Exercise 2. Give the English equivalents for the following:
– адвокат, поверенный;
– степень;
– интенсивная подготовка;
– развод;
– завещание;
– бесплатная консультация.
Text 2
Barristers
Exercise 1.Read the text and answer the following questions:
1. What is the requirement for all intending barristers?
2. What is the scheme of training barristers?
3. What must a student do after the Bar final examinations?
4. When should a barrister find a permanent place to practise?
5. What are costs of initial entry to the profession?
6. What are the aspects of the barrister's work?
7. Who instructs a barrister on the client's case?
The number of barristers more than doubled between 1963 and 1979. The entry to the profession is restricted by the requirement that all intending barristers must have a second class honours degree from a recognised university. This is followed by a one-year course at the Inns of Court School of Law, where the emphasis is on practical aspects of advocacy and the study of academic subjects. All intending barristers must join an Inn of Court where they are required to keep term by dining at their Inn with other students, barristers and judges. It is at the Inn of Court that the student becomes acquainted with the customs and practices of barristers and learns to behave as barristers are expected to behave.
After the Bar final examinations, a student must find a pupillage in chambers, where he is attached to an experienced barrister and attends court with him for 12 months, learning his profession. The pupil can earn nothing for the first six months of pupillage and even after that the money comes in very slowly. When pupillage is complete, a barrister needs to find a permanent place to practise.
Costs of initial entry to the profession amount to almost £1500 (tuition fees), Inn fee, examinations, dinners, wig and gown. Barristers work in offices called «chambers» with other barristers and a clerk. The majority work in London, but there are chambers in most major provincial cities. Traditionally, the most important aspect of the barrister's work is advocacy, or speaking in court presenting the facts of cases and legal arguments. Barristers also draft documents connected with pre-trial work and write opinions for solicitors on points of law. The client cannot deal directly with a barrister. Everything must be done through the solicitor who acts as a middleman, briefing the barrister by instructing him on the facts of his client's case and also paying the barrister his fee.
A successful barrister can rise quickly through the ranks of the profession and become a QC after about 15 years in practice. A QC is a highly successful barrister who is chosen by the Lord Chancellor from a number of other applicants to be appointed «Queen's Counsel». These barristers usually deal with the most important and difficult cases. Secret records are kept of the career progress of all barristers to help the Lord Chancellor to decide who should be appointed as a QC.
Exercise 2. Give the English equivalents for the following:
– требования;
– школа подготовки барристеров;
– адвокатура;
– учебные дисциплины;
– выпускные экзамены;
– стажерство;
– плата за обучение;
– парик;
– мантия;
– большинство;
– посредник;
– назначить кандидатуру;
– рассматривать сложные дела.
Text 3
Judges
Exercise 1.Read the text and find the answer the following questions:
1. Who appoints the judges?
2. Who are the judges selected from?
3. What are the three guiding principles of their selection?
4. What are the duties of a British judge?
British judges are all appointed from members of the legal profession. For many years judges were selected from the ranks of barristers, but now» solicitors are allowed to be appointed as circuit judges too. It will mean that more people will be available for selection.
The Lord Chancellor is responsible for appointing judges, making recommendations to the Queen, usually through the Prime Minister. The process by which decisions are made is kept secret but records are kept about all barristers throughout their careers and are used when appointments are made, to provide necessary information. The staff at the Lord Chancellor's office carries out the research appointments. His three guiding principles are: accountability to Parliament, freedom from party politics and the need to preserve the integrity and impartiality of judges. It is the work of a judge to:
a) supervise the conduct of trials;
b) make decisions on matters of law, evidence and procedure and interpret statutes;
c) in criminal cases to sum up the case to jury and give them guidance;
d) in criminal case to pass sentence on people who have been convicted;
d) in civil cases (where there is not usually a jury) to decide the result and award compensation to successful plaintiffs.
Exercise 2. Give the English equivalents for the following:
– лорд-канцлер;
– принимать решения;
– предоставить необходимую информацию;
– сохранять неподкупность, беспристрастность;
– показания;
– уголовные дела;
– выносить приговор;
– осуждать.
Text 4
The Jury
Exercise 1.Read the text and find the answer the following questions:
1. How many people are there in the jury?
2. Who can be disqualified from jury service?
3. Who is the jury required to do?
4. Who states the jury' verdict?
The jury is a panel of people, usually 12 in number, who listen to both sides of a case and arrive at a decision on the facts which are presented to them. For centuries the jury has been regarded as extremely important, particularly in criminal cases. Jurors are selected at random from the electoral register. Certain people are disqualified from jury service. They include:
a) people who have at any time been sentenced to imprisonment or youth custody for five years or more;
b) people who have at any time in the past years been sentenced to at least 3 months' imprisonment, youth custody, probation or community sentence. There are people who are ineligible for jury service: lawyers, judges, clergymen and the mentally ill. Excused as of right are people with important business, doctors and dentists. Other people may be excused on request. These include students sitting examinations, mothers with young children, people who have certain disabilities and men and women with a poor grasp of the English language.
The jury is required to sit quietly during the trial and to listen carefully to the speeches of counsel, to the presentation of the evidence and to the cross-examination of witness making notes if necessary. They are often given documents, photographs and other pieces of evidence to examine and theoretically jurors can ask questions. It is important for jurors to listen attentively to the judges' summing up and directions addressed to them. The jury will then retire to the jury room to reach a verdict. They elect one of their number as foreman. Once a verdict has been arrived at, the jury will re-enter the court and the foreman will state their decision.
Exercise 2. Give the English equivalents for the following:
– прийти к решению
– рассматривать как
– произвольно
– были приговорены к тюремному заключению
– общественное порицание
– служители церкви
– по просьбе
– физические недостатки
– плохое владение английским языком
– защита
– удалиться в комнату для суда присяжных
– председатель
Text 5
Magistrates
Exercise 1.Read the text and answer the following questions:
1. Why can it be said that magistrates play a very important role in the Administration of Justice?
2. Do magistrates receive a basic compulsory training?
3. What is the main requirement for a magistrate?
4. What are the limitations on the magistrates appointments?
Magistrates play an extremely important part in the administration of justice. Although most magistrates (justice of the peace or JPs) are not legally qualified they deal with 97% of all criminal cases heard each year. As there are only 500 full-time judges as compared with more than 25000 magistrates, it is clear that the British legal system would be unable to operate effectively without them. Indeed, magistrates have existed since 1361, though their function has changed somewhat over the years from a policing and administrative function to that of judging.
Magistrates must live within 15 miles of the area to which they are appointed. The following people will not be appointed:
a) people over 60;
b) people, convicted of certain offences;
c) bankrupts;
d) some disabled, deaf or blind people;
e) a member of the police force;
f) a serving member of armed force;
g) a close relative of a person who is already a magistrate in the same place;
h) a traffic warden;
i) any person whose work would be incompatible or in conflict with the duties of a magistrate.
Magistrates must be British subject and should be of suitable character for the job.
The Lord Chancellor is responsible for appointing magistrates, but he does so on the recommendation of the 100 local advisory committees. Since 1966 newly appointed magistrates receive a basic compulsory training during which they learn about their duties and about sentencing. All matters of law are left to the magistrates clerk. They also spend some time observing other JPs at work in court. After 12 months magistrates receive a further period of training in which particular attention is paid.
Exercise 2. Give the English equivalents for the following:
– мировой судья;
– рассматривать уголовные дела;
– недееспособный;
– глухой;
– слепой;
– вынесение приговора.