Who is Who in the Law in Great Britain?
Date: 2015-10-07; view: 828.
Read and translate the text using your vocabulary list and define the main idea of this text.
Reading.
Lead-in
Answer the following questions:
1. What is a lawyer?
2, What is so special in legal profession in England?
3. What types of legal profession are there in your contry?
England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The legal profession is divided into two branches: barristers and solicitors. Each branch has its own characteristic functions as well as a separate governing body. The training and career structures for the two types of lawyers are quite separate.
The traditional picture of the English lawyer is that the solicitor is the general practitioner, confined mainly to the office. If a person has a legal problem and needs the assistance of the law, either because he has a dispute, or because he is in trouble, or concerned with a question of inheritance or transfer of property, he will go to a solicitor and seek his advice in a personal interview. Solicitors deal with all the day-to-day work of preparing legal documents for buying and selling houses, writing legal letters. Solicitors work on court cases for their clients outside the court: in a civil action solicitors have the right to speak in the lowest Courts when the case is one of divorce, recovering some debts, matrimonial matters, petty crimes. If a case, civil or criminal, is more serious or difficult, or has to be heard in a higher court, solicitors engage a barrister to whom they hand over the task of representing the client in the court. They prepare a case for barristers to present in the higher courts and the barrister receives it in the form of a brief from which he plans his advocacy in the particular case.
To qualify as a solicitor a young man joins a practising solicitor as a “clerk” and works for him whilst studying part time for the Law Society exams. When you have passed all the necessary exams, you may apply to the Law Society to be “admitted”, then you can start business on your own. It is not necessary for you to go to university.
In England, the decision is between becoming a barrister or a solicitor. Although solicitors and barristers work together on cases barristers specialise in representing clients in court. A barrister can only be consulted indirectly, through a solicitor. Thus they are not paid directly by clients, but are employed by solicitors. Most barristers are professional advocates but it is a mistake to regard a barrister entirely as an advocate. A barrister must be capable of prosecuting in a criminal case one day, and defending an accused person the next.
To qualify as a barrister a student must pass a group of examinations to obtain a Law degree and then proceed to a vocational course, the passing of which will result in his being called to the Bar.
Barristers are experts in the interpretation of the Law. They advise on really difficult legal matters. So barristers spend a lot of time at paper work apart from their actual appearances in court. Judges are usually chosen from the most senior barristers, and once appointed they cannot continue to practise as barristers.
Many people believe the distinction between barristers and solicitors should be eliminated in England. The government is considering various proposals, but there are arguments for maintaining, as well as removing, the division.
Ex. 1. Match English and Russian equivalents.
| 1) matrimonial matters; | a) защищать обвиняемого; |
| 2) petty crimes; | b) незначительные преступления; |
| 3) recovery of debts; | |
| d) обращаться за помощью к юристу | |
| e) толкование закона; | |
| 4) to seek legal advice; | |
| 5) to apply to the court; | f) возврат долгов; |
| 6) a civil action; | g) брачные (супружеские) вопросы; |
| 7) a general practitioner; | |
| 8) the interpretation of the law; | h) обращаться в суд; |
| 9) to defend the accused person; | i) получить диплом юриста; |
| 10) to obtain a law degree; | j) гражданское дело; |
| k) юрист широкого профиля; | |
| 11) to eliminate the division; | |
| l) устранить деление | |
| 12) to achieve the status | m) достичь статуса |
Ex. 2. Choose the best alternative to complete the following sentences.
1. England is almost unique / ordinary in having two / three different kinds of lawyers, with separate/the same jobs in the legal system.
2. In a civil/criminal action solicitors have the right to speak in the lowest / highest courts.
3. Barristers are experts in the interpretation/examining of the Law.
4. Judges are usually chosen/appointed from the most senior/junior barristers.
5. Each branch of legal profession has its own/common characteristic functions as well as a separate/one governing body.
6. If a person has a legal problem he will go to a barrister/solicitor and seek his advice in a personal interview/by post.
7. To qualify as a solicitor you must register as a student member of one of British universities / to apply to the Law Society to be “admitted”.
8. Solicitors/managing clerks prepare a case for a barrister / a judge.
Ex.3 How are the following ideas expressed in one word?
1. a lawyer who has the right of speaking and arguing in the higher courts of law;
2. a kind of lawyer who gives advice, appears in lower courts;
3. to be allowed or made by law;
4. a room or building in which law cases can be heard and judged;
5. questions to be decided in a court of law;
6. a rule that is supported by the power of government and that governs the behaviour of members of a society;
7. a person whose business is to advise people about laws and to represent them in court;
8. a person who speaks in defence of or in favour of another person;
Ex. 4. Mark the statements which are true.
1. The division of the legal profession is of long standing and each branch has its own characteristic functions.
2. The training and career structures for the two types of lawyers are quite the same.
3. Solicitors specialize in representing clients in courts.
4. A barrister can only be consulted indirectly through a solicitor.
5. Barristers are paid directly by the clients.
6. Judges are chosen from the most senior barristers and they can continue to practise as barristers.
7. The government doesn't consider it necessary to eliminate the distinction between barristers and solicitors.
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