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Legal profession in the United kingdom
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UNIT 1
LEGAL PROFESSION IN THE UNITED KINGDOM
ACTIVE VOCAVULARY
| legal advice – юридическая консультация solicitors – солиситоры (адвокаты более низкого уровня) barristers – барристеры (адвокаты более высокого уровня) petty crimes – незначительные правонарушения recovering debts – взыскание долгов evidence – доказательства, улики appear in court – представлять интересы клиента в суде litigation department– отдел, занимающийся судебными спорами preparing briefs –подготовка аналитических записок по делу drafting contracts –составление договоров drawing up wills –составление завещаний property –собственность offer a share in the profits –предложить процент от прибыли a practice -фирма private law –частное право employment law –трудовое право environmental law –экологическое право | qualification and practice –образование и опыт работы interpretation of law –толкование законов give opinions on legal matters –консультировать по правовым вопросам chambers –коллегии the Bar –коллегия адвокатов Inns of Court –школы подготовки барристеров circuit –судебный округ tenants– владельцы, держатели expenses and support services –основные расходы и расходы на обслуживание клиентов the Clerk –секретарь right of audience –право представление клиентов в суде personal injury –физический ущерб in-house lawyer –штатный юрист компании judicial offices –судейские должности senior appointments –назначение на высокие судейские должности Court of Appeal –апелляционный суд High Court –Высокий суд правосудия Lord Chancellor –Лорд Канцлер |
READING
Read and translate the text using Active Vocabulary
Most countries do not have a definite division among lawyers. The general term ‘lawyer’ covers anyone who has been trained in the law and certified to give legal advice. In England and Wales there are two types of lawyers, solicitors and barristers.
The solicitor is the first point of contact with the law for a client in the UK. The solicitor listens carefully to the clients, making sure their needs are clearly understood and then explains the legal position and gives advice. The solicitor deals with a great number of problems. He can represent a client in the Magistrates’ Court dealing with petty crimes and in the County Court when the case deals with family matters or recovering debts. He prepares the case and the evidence and actually speaks for his client but he cannot appear in any court. There are only a few solicitors who are allowed to present cases in the higher courts. However, if a solicitor wants to specialize in advocacy and have an unlimited right to appear as an advocate in all courts he must get a certificate in advocacy. Many more solicitors work in their litigation departments and spend much of their time preparing briefs for counsel. Traditionally, they also undertake legal work out of court involving drafting contracts or drawing up wills or dealing with documents for buying or selling a house or other property.
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Solicitors normally form partnerships with other solicitors and work in offices. They are normally salaried and may be offered a share in the profits of the practice if they are successful. Solicitors do a variety of work dealing with corporate and commercial spheres, litigation, property, private law, banking and finance, employment law and environmental law. The qualification and practice of solicitors are regulated by the Law Society. There are about 70, 000 practicing solicitors in England and Wales and the number is increasing.
By contrast, barristers will only see the client in the company of a briefing solicitor. The barrister is a specialist with particular skills in advocacy, a consultant who will examine the case and decide what line to take in court. The barrister will rely on the detailed brief prepared by the client’s solicitor. He is also an expert in the interpretation of law. The barrister’s main work is to represent his client in court where they are referred to as ‘counsel’, to draft documents associated with court procedure, and to give opinions on legal matters.
Unlike solicitors, barristers cannot form partnerships. They are self-employed working in groups called chambers or practice at the Bar. There are about 9, 000 practicing barristers in over 400 chambers in England and Wales. Chambers are traditionally located in the four Inns of Court in London – Gray’s Inn, Lincoln’s Inn, Middle Temple and Inner Temple – and are also located in the UK regions, known as circuits. The Inns are principally non-academic societies which provide collegiate and educational resources for barristers and trainees. Members of chambers, known as tenants, share common expenses and support services, which are administered by an administrative manager known as the Clerk, along with a staff of secretaries. The Bar’s right of audience in the higher courts remains unchallenged. The work is divided equally between civil and criminal law. As the law has become more complex, barristers increasingly specialize in particular areas, such as personal injury, crime, and family law, financial or commercial law. Barristers are governed by the Bar Council and the Inns of Court. In addition, there are about 2, 000 barristers employed as in-house lawyers.
To become a judge the candidate must meet certain requirements laid down by an Act of Parliament. One of them is a candidate must have practiced as a lawyer or judge for a definite period of time. There are also other requirements for specific judicial offices. The experience gained as a judge in a lower court is one of the qualifications for appointment to higher court. Senior appointments to the Court of Appeal and the High Court are made by the Queen on the recommendation of the Prime Minister, currently on the advice of the Lord Chancellor who is a senior member of the government and head of the judicial system.
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