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

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