3 курс. Legal Profession in the United Kingdom

11/09. задание для 3 курса 

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                                          Legal Profession in the United Kingdom 

 Most countries do not have a definite division among lawyers; a person will qualify as a lawyer though it will be possible after qualifying to specialize in one particular area of law. 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 client, 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 his client in the Magistrates' Court dealing with petty crimes and in the County Court when the case deals with some family law matters or with recovering debts. He prepares the case and the evidence and actually speaks for his client but he cannot appear in every court. There are only a few solicitors who are allowed to present cases in the higher courts.

Solicitors normally form partnerships with other solici¬tors and work in offices. They are normally salaried and may be offered a share in the profits of the practice if they are success¬ful. 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 practising solicitors in England and Wales and the number is increasing.

By contrast, barristers will only see the client in the com¬pany of a briefing solicitor. The barrister is the 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 the court where they are referred to as counsel, to draft documents associated with court procedure, and to give opinions about the legal matter. Unlike solicitors, barristers can't 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. In addition, there are about 2,000 barristers employed as in-house lawyers. The Bar is an advocacy profession. The Bar's right of audience in the higher courts remains unchallenged. The work is divided equally between civil and criminal law. There are over 70 specialist areas, including major ones like property, finance and commerce. Barristers are governed by the Bar Council and the Inns of Court.

 To become a judge the candidate must meet certain requirements laid down by an Act of Parliament. One of them is the 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 a 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.

1. Give the words and phrases to the following definitions.

1) a lawyer who gives advice to his clients and prepares documents

2) an official who is chosen from the most senior barristers and presides over a court

3) a lawyer who specializes in presenting cases in court and has the right of audience

4) to work independently for clients

5) to have a skill of pleading a case before the court

6) to give the barrister all the details of the case which he will argue in court

2. Give English equivalents using the text.

Судебное преследование; представлять интересы клиента в суде; правовой вопрос; специализироваться в гражданском праве; детальное письменное изложение дела; давать консультации по составлению завещания; юрист, постоянно работающий в компании; доказательства, представленные полицией; несущий ответственность; преъявлять судебный иск; нарушение закона; признавать себя виновным; средство судебной защиты;заниматься частной практикой; нарушать закон.