Unit II

Topic: Legal profession.

Grammar Revision: Simple/Continuous Tenses.

1. Why did you make up your mind to become a lawyer?

2. What is the most attractive thing in the legal profession: salary, protection of society and individuals, prestige?

Ex.1 Look through the text, underline the international words and give their appropriate translation. Using a dictionary make sure you can pronounce them correctly.

Text a Legal profession

A lawyer is a man or a woman licensed to represent people in a court of law or to counsel them on matters of law. He or she is also called an attorney, a counselor or a solicitor. A person who seeks a lawyer’s services is called a client. The lawyer’s duty is to make sure that all points of law and facts that favour the client’s case are brought to the court’s attention, and the justice is done.

A lawyer’s duties usually cover all legal matters, including contracts, wills and business matters. A lawyer tries to avoid lawsuits by giving legal advice that will keep the client out of trouble. Legally, anyone may act on his or her own behalf in any court. But authorities say it is not wise for an untrained person to do so, except in small claims courts or other courts where procedure is informal and arguments only establish facts.

In English law there is a traditional distinction between the two main types of lawyer: in the past if you wanted someone to speak on your behalf in court you went to a barrister; otherwise you went to a solicitor. Today things are more complex. Solicitors have the right to plead the case in certain courts, and trained paralegals conduct a lot of the business formerly done by solicitors.

Barristers have the right to appear as an advocate in any court or tribunal. They can also be asked to give a legal opinion, an authoritative statement of the law in a particular situation. Barristers are considered to be experts in the interpretation of the law.

In the past solicitors could not act as advocates, but now they can do so, working independently or with a barrister. They may still not, however, appear in the higher courts. Today they specialize in one or more aspects of the law. This is particularly the case in large companies and partnerships, where clients will be directed to the solicitors specializing in the field that is relevant to their needs.

Ex.2 Study the words. Translate the sentences comprising them

counsel, v советовать; совет; адвокат

e.g. Privately, the president was being counselled to end the war.

matter, n содержание; тема, предмет; вопрос

e.g. an extremely important matter;

e.g. Teachers feel this is a matter for discussion.

attorney, n юрист, адвокат, прокурор (атторней)

e.g. In the USA an attorney or attorney at law is a lawyer.

solicitor, n солиситор, адвокат без права выступления в высшем суде

e.g. In Britain, a solicitor is a lawyer who gives legal advice, prepares legal documents and cases, and represents clients in the lower courts of law.

e.g. In the USA, a solicitor is the chief lawyer in a government or city department.

point, n суть; вопрос; смысл

e.g. There was no point in staying any longer.

e.g. My point is that we’re spending too much time on details.

e.g. What is the point of your visit?

case, n обстоятельство; дело

e.g. A case is a crime or mystery that the police are investigating.

e.g. civil case; criminal case

cover, v охватывать; описывать; иметь дело; включать

e.g. Her new book covers the period from 1870 to 1918.

will, n завещание

e.g. Ed’s father didn’t leave him anything in his will.

avoid, v избегать, уклоняться

e.g. Try to avoid confrontation.

lawsuit, n судебный процесс, производство дела в суде.

e.g. to enter a lawsuit

trouble, n беспокойство; хлопоты; неприятности

e.g. financial troubles

e.g. The trouble is that these restrictions have remained.

authority, n власть, полномочие

e.g. Parents have legal authority over their children.

distinction, n различие, разграничение

e.g. It’s difficult to make exact distinction between all the meaning of the word.

barrister, n барристер (адвокат, имеющий право выступать в высших судах)

e.g. In England and Wales, a barrister is a lawyer who represents clients in the higher courts of law.

plead, v вести дело; защищать; ссылаться;вы-

ступать в суде; признавать

e.g. Both defendants pleaded not guilty.

tribunal, n трибунал, суд

e.g. A tribunal is a special court that is appointed to deal with particular problems.

relevant, adj относящийся к делу; уместный

e.g. Once he have all relevant information, we can make a decision.

Ex.3 Read the following word combinations comprising the words from the text «Legal profession» and give their Russian equivalents. Use a dictionary if necessary.

Power of attorney, Attorney General, several distinctions, a matter of principle, a matter of taste, money matters, that’s the point, come to the point, a point of view, from a scientific (political) point, a civil (criminal) case, by (under) law.

Ex. 4 Complete the sentences according to the text « Legal profession.»

1. A lawyer is ______________________________________________________

2. A client is _________________________________________________________

3. The lawyer’s duties __________________________________________________

4. In English law there is a distinction ______________________________________

________________________________________________________________

5.Solicitors have the right _____________________________________________

6.Barristers have the right _____________________________________________

___________________________________________________________________

Ex.5 Look through the text again. In each paragraph of the text find a sentence which best introduces or summarizes the information.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Ex.6 Translate the sentences into Russian. Pay attention to the meaning of the italicized words.

1. Macnade was being counselled for violent tendencies.

2. The new law should be introduced as a matter of urgency (= immediately).

3. From my point of view, the president hasn’t done enough to help poor people.

4. A number of libel (клевета) cases were taken to the Court of Appeal.

5. The lawyers told me I didn’t have a case.

6. The rights of unmarried fathers are not covered by this legislation.

7. The trouble started when I was transferred to a new department.

8. I’m having some trouble with this new software.

9. The French authorities have refused to issue him a visa.

10. The rules are set by the passenger transport authority.

11. The girl told the authorities that she had been kidnapped from home.

12. How is that relevant to this discussion?

Ex.7 Match columns A and B.

A B

1) ---- counsel, n a) the most important part

2) ---- counsel, v b) a piece of advice

3) ---- counselor, n c) having no purpose

4) ---- point, n d) to give smb. advice

5) ---- pointless, adj e) a person whose job is to give advice to people who need it

6) --- pointer, n f) a piece of advice which helps smb. to solve a problem

Ex.8 Match the pairs of words which have similar ( ) or different (x) meaning.

a) -------plead – claim b)-------relevant – irrelevant

c) -------distinction – difference d)-------trouble – inconvenience

e) -------authorities – government f)-------matter – concern

g) -------case – lawsuit h)-------cover – reveal

i)------- distinction – similarity j)-------avoid – continue

k) ------ cover – deal with l)-------authority –specialist

m) -------according to the law – by law

Ex.9 Translate the following word combinations

a sentence criminal

to avoid { international } law

an agreement private

public

authority

lawful { acts

money

Ex.10 Translate the following word-groups:

1. crucial (fundamental, important, key, main) point

2. to illustrate (make, prove) a point

3. to make (write) a will

4. to break (obey, enforce) the law

5. heart (stomach, back, mechanical) trouble

6. to make (draw) distinction

7. current (existing, new, proposed) legislation

8. to introduce (pass, enact, adopt) legislation

Ex.11 Find English equivalents to the following in Text A:

1) консультировать кого-то по правовым вопросам

2) в обязанности юриста входит рассмотрение всех правовых вопросов

3) адвокаты имеют право вести дела в суде

4) выступать от ч-либо имени в суде

5) толкование закона

Ex.12 Give Russian equivalents to the following:

1) all legal matters _______________________

2) all points of law _______________________

3) to counsel smb. on matters of law ___________________

4) out of trouble _________________________

5) legally _____________________

6) on your behalf _______________

7) the right to plead _______________

8) interpretation of law ____________________

Ex.13 Prepare the detailed retelling of the text «Legal profession».

Grammar Revision

Ex.14 Translate the sentences into Russian. Comment on the use of Simple tenses.

e.g. A solicitor gives legal advice, prepares legal documents and represents clients in the lower courts. – Солиситор даёт правовые советы, составляет правовые документы и представляет клиентов в судах низшей инстанции.

1. Around 1760 BC, King Hammurabi developed Babylonian law, by codifying and inscribing it in stone.

2. Ancient India and China represented distinct traditions of law and had independent schools of legal theory and practice.

3. The eastern Asia legal tradition reflects a unique blend of secular (мирской, светский) and religious influences.

4. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific problems.

5. Thousands of English words derive from Latin.

6. The party will have both a solicitor and a barrister.

7. This solicitor will represent lay clients in the lower courts.

8. The defendant didn’t want to plead guilty.

9. People all over the world complain that they cannot understand court proceedings or legal documents.

10. The methods and quality of legal education vary widely.

11. Mexico allows anyone with a law degree to practice law.

Ex.14.1 Put the verbs in brackets in the proper tense form. Translate the sentences into Russian.

e.g. A solicitor also (to deal with) matters outside Court. – A solicitor deals with matters outside Court. – Солиситор занимается делами, не касающимися судопроизводства.

1. All points of law that (to favour) the client’s case are brought to the court’s attention.

2. A lawyer’s duties usually (to cover) all legal matters.

3. In the past if you (to want) someone to speak on your behalf in court you (to go) to a barrister.

4. Today solicitors (to specialize) in one or more aspects of law.

5. In court judges (to apply) laws.

6. System of law in Great Britain (to appear) in the medieval centuries.

7. Throughout the centuries people (to attempt) to define law.

8. The income tax laws ( to require) that a person pay an income tax.

9. The US legal system (to develop) primarily out of the English common law system.

10. Ancient Egyptian law (to contain) a civil code.

11. This election (to constitute )a historic step on the road to democracy.

Ex. 15 Translate the sentences into Russian. Mind the use of Continuous tenses.

e.g. At the moment the solicitor is instructing the barrister on the client’s behalf in his brief to the barrister. – В данный момент солиситор инструктирует барристера от лица клиента в записке по делу, представляемому барристеру.

1. A career in law is becoming increasingly attractive to young people.

2. An important aspect of a lawyer’s job is developing and managing relationships with clients.

3. The solicitor was instructing the barrister on the client’s behalf in his brief to the barrister.

4. The magistrates were deciding whether the defendant was guilty.

5. The number of solicitors is rapidly increasing.

See also: Supplementary exercises (1 – 5, 9)

Ex.16 Match the sentences which correspond to Text A. Correct false statements. Use the following phrases: to tell the truth; I think; that’s why; what’s more; besides; it’s not correct.

1.Solicitors are considered to be experts in the interpretation of law.

2.A barrister has no right to be an advocate in any court.

3. In Great Britain any untrained person may act on one’s behalf in any court.

4. In the USA there two types of lawyers: barristers and solicitors.

Ex.17 Answer the questions, basing your answers on Text A.

1. What is the distinction between the work of a solicitor and the work of a barrister?

2. What are the peculiarities in the work of a barrister?

Ex.18 Read Texts B and C and fill in the gaps with the given words in the correct form and answer the questions below.