4 legal profession
TRANSCRIPT
4 Legal Profession
1
Which country?
solicitor
barrister
attorney (attorney-at-law)
notary
advocate
Which country?
solicitor - England
barrister - England
attorney (attorney-at-law) - U.S., Czech Rep.
notary - England ≠ Czech Rep. ≠ U.S.
advocate – Czech Rep.
X „an advocate“ in English = zástánce, obhájce, in Scotland - právní zástupce
Professional titles - listening The word lawyer describes …
In Japan …
In England Barristers Solicitors
What do they do?
Where do they work?
Who pays them?
Do they have the
right of audience?
Additional
information
Professional titles - listening
In England Barristers Solicitors
What do they do?
Where do they work?
Who pays them?
Do they have the
right of audience?
Additional
information
argue cases in front
of a judge, prepare
arguments for the court
initial preparation,
litigations settled out of court,
draw up wills, give advice, investigate,
prepare documents
judges are usually chosen
from the most senior barristers
in a courtroom in an office
are employed by solicitors clients
yes, even in the highest courts only in lower courts
In pairs compare barristers and solicitors using some of the linking words (note the sentences down)
Unlike barristers who …, solicitors …
Barristers …. On the contrary, solicitors …
In addition to …, solicitors also …
Minipresentations
Group 1 – England
Group 2 – U.S.A
Group 3 – Czech Republic
Group 4 – Legal trainees in the Czech Rep.
Group 4 – Legalese X Plain Language – Text 1
Group 5 – Legalese X Plain Language – Text 2
Group presentations
read the text
agree on the main points
prepare a visual
present as a group:
• everybody must speak
• introduction – main body – conclusion
• natural delivery (no reading)
Barristers - qualifying for the profession
Barristers are mem _ _ _ _ of the Bar Council o _ England and Wales and they gener _ _ _ _ operate in sets of “chambers” bu _ are not emp _ _ _ _ _ by a law firm as such. To bec _ _ _ a barrister you mu _ _ first obt _ _ _ either an undergr _ _ _ _ _ _ degree i _ law (LLB), or an undergraduate degree i _ any other subj _ _ _ followed b _ the conversion cour _ _. The sec _ _ _ step invol _ _ _ one-year Bar Professional Training Course. The la _ _ stage i _ completed by pupillage, i.e. one year spe _ _ as a pupil in barristers' cha _ _ _ _ _.
Barristers - qualifying for the profession
Barristers are members of the Bar Council of England and Wales and they generally operate in sets of 'chambers' but are not employed by a law firm as such. To become a barrister you first must obtain an undergraduate degree in law (LLB), or an undergraduate degree in any other subject followed by the conversion course. The second step involves one-year Bar Professional Training Course. The last stage is completed by pupillage, i.e. one year spent as a pupil in barristers' chambers.
Solicitors - qualifying for the profession
Solicitors are mem _ _ _ _ of the Law Society. T _ become a solicitor, you ne_ _ not be a law gra _ _ _ _ _, but i _ is t _ _ most straight forw _ _ _ route. Law graduates sta _ _ with one-year Legal Practice Course. Upon successful comple _ _ _ _, they underta _ _ practice-based trai _ _ _ _, kno_ _ _ as a training contr _ _ _. It i _ a two-ye _ _ contract dur_ _ _ which trainee solicitors gai _ experience of wor _ _ _ _ in a fir _ of solicitors. As pa _ _ of th_ training, trainee solicitors mu _ _ also success_ _ _ _ _ finish the Professional Skills Course.
Solicitors - qualifying for the profession
Solicitors are members of the Law Society. To become a solicitor, you need not be a law graduate, but it is the most straight forward route. Law graduates start with one-year Legal Practice Course. Upon successful completion, they undertake practice-based training, known as a training contract. It is a two year contract during which trainee solicitors gain experience of working in a firm of solicitors. As part of the training, trainee solicitors must also successfully finish the Professional Skills Course.
US attorneys - qualifying for the profession
Prospective lawyers in the USA need to finish four years of college with good grades and _ _ _ _ (složit) the Law School Admission Test. Then they _ _ _ _ _ _ (navštěvují) a law school for 3 years to get law degree. However, in order to practice law in a particular state, they need to be _ _ _ _ _ _ _ _ (přijati) into the State Bar. This is done by passing the bar examination. Once they clear the bar examination they are officially _ _ _ _ _ _ _ (dovoleno) to practice law in that state.
US attorneys - qualifying for the profession
Prospective lawyers in the USA need to finish four years of college with good grades and pass the Law School Admission Test. Then they attend a law school for 3 years to get law degree. However, in order to practice law in a particular state, they need to be admitted into the state bar. This is done by passing the bar examination. Once they clear the bar examination they are officially allowed to practice law in that state.
US judges - qualifying for the profession Judges _ _ _ _ _ _ _ (předsedají) over local, state
and federal courts and are either appointed or elected. The minimum educational requirement to be a judge in the United States is a bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority of judges have experience working as a lawyer. Most local and state judges are _ _ _ _ _ _ _ (voleni) in local elections. Some judges actively _ _ _ _ _ _ _ _ (vedou kampaň) for their position like congressmen. All federal judges are _ _ _ _ _ _ _ _ _ (jmenováni) by the president and serve a life term.
US judges - qualifying for the profession
Judges preside over local, state and federal courts and are either appointed or elected. The minimum educational requirement to be a judge in the United States is a bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority of judges have experience working as a lawyer. Most local and state judges are elected in local elections. Some judges actively campaign for their position like congressmen. All federal judges are appointed by the president and serve a life term.
CR: judges, attorneys, public prosecutors, executors, notaries?
having no criminal record
a master’s degree in law at a Czech university
a master’s degree in law
being a Czech citizen
having passed a special examination
possessing the moral qualities that will guarantee they will exercise their function properly
at least 25 years old/at least 30 years old
having completed necessary practice
having no criminal record judge, attorney, public prosecutor, executor, notary
a master’s degree in law at a Czech university judge, public prosecutor, executor /
a master’s degree in law attorney, notary
being a Czech citizen judge, public prosecutor, notary
having passed a special examination judge, attorney, public prosecutor, executor, notary
possessing the moral qualities that will guarantee they will exercise their function properly judge, attorney, public prosecutor
at least 25 years old public prosecutor /
at least 30 years old judge
having completed necessary practice judge, attorney, public executor, executor, notary
THE LEGAL TRAINEE
Section 36
A legal trainee shall be the person
whose name has been entered in the
Register of Legal Trainees maintained
by the Bar.
Section 37
(1) The Bar shall enter in the Register
of Legal Trainees the name of every
person who
a)has full capacity to enter into legal
relations (full legal capacity),
b) has obtained a university education
within a Master’s programme in legal
studies at a higher education institution
in the Czech Republic,
____________________
__________________
__________________
__________________
advokátní koncipient
vedený Komorou
zapsat do seznamu
plnou způsobilost
or has obtained legal education at a
higher education institution abroad if
so provided by an international treaty
binding on the Czech Republic, or such
education has been recognised under
special legislation,
c) has no records of criminal
convictions,
d) has not had imposed upon him the
disciplinary measure of the striking
his name off the Register of Legal
Trainees, or is deemed not to have had
imposed upon him such a measure,
and
e) has been employed by a lawyer or
Company for the set weekly working
hours under special legislation.
_______________
_______________
_______________
______________
_______________
mezinárodní smlouva
odsouzení za trestný čin
vyškrtnutí ze seznamu
opatření
podle zvláštního
právního předpisu
Language Practice
A. lawyer B. attorney C. counsel D. prosecutor E. solicitor F. barrister G. judge H. notary public I. paralegal J. trainee
1. a person legally allowed to act on behalf of clients 2.a person learned in law 3.a person acting for one of the parties in legal proceedings 4.a lawyer (England) arguing cases at the court 5.a person conducting criminal proceedings 6.a lawyer (England) with a certificate to practise law 7.a lawyer licensed to act in legal affairs (witnessing and drawing up documents) 8.a person presiding over a court 9.a person undergoing professional training at a law firm 10.a legal assistant
key: A2, B1, C3, D5, E6, F4, G8, H7, I10, J9 lawyer – a person learned in law
attorney – a person legally allowed to act on behalf of clients
counsel – a person acting for one of the parties in legal proceedings
prosecutor – a person conducting criminal proceedings
solicitor – a lawyer (England) with a certificate to practise law
barrister – a lawyer (England) arguing cases at the court
judge – a person presiding over a court
notary public – a lawyer licensed to act in legal affairs (witnessing and drawing up documents)
paralegal – a legal assistant
trainee – a person undergoing professional training at a law firm
Language Practice
a) Our solicitors will __________________ from claimants and any witnesses to an accident.
b) Should lawyers __________________ they know are guilty?
c) We need to __________________ to attend the Tribunal on behalf of our client's son.
d) A US lawyer does not automatically __________________ in a Canadian court.
take statements
represent clients
instruct a barrister
have the right of audience
Language Practice
example: local judge
Language Practice
law degree, law society, law graduate,
law undergraduate;
local judge, local elections, local council,
local Bar;
udergraduate degree;
Bar Council
Speaking
A) Which profession and in which country do you find attractive? Why? Which profession do you find difficult to qualify for? Why?
Legal language – examples and features
specific performance, action, ratio decidendi, defendant, (law)suit, „I do solemnly swear“, tort, nuisance, aforesaid, ...
Text 1
legalese …...................
plain language movement ….
principle of accessibility …
Text 1
legalese can be explained as the specific language of law which is difficult to understand for non-lawyers
plain language movement can be explained as a philosophy which believes that documents should be written in such a way that all readers can understand it easily
principle of accessibility can be explained as the assumption that everybody is entitled to understand the documents which are binding for them or which state their rights
Text 1
1. Why does legalese cause misunderstanding?
2. Who can have problems with understanding legalese?
3. Who initiated the Plain Language Movement?
4. Which changes are included in the Plain Language Movement?
Text 1
1. Why does legalese cause misunderstanding?
legal speaking and writing contain many words and phrases that are specific to law, which can confuse people
Text 1
2. Who can have problems with understanding legalese?
non-lawyers, and in some cases even lawyers themselves
Text 1
3. Who initiated the Plain Language Movement?
lawyers, bar associations and governments in many English-speaking jurisdictions
Text 1
4. Which changes are included in the Plain Language Movement?
eliminating legal expressions which have a plain English equivalent, avoiding Latin expressions and archaisms, using short sentences and headings
Plain language - expectations
law firms will lose their profits
plain language will not create binding documents
using plain language will make legal documents less authoritative
plain language will save time
plain language will be taught at universities
documents in plain language will be less precise
plain language will become compulsory
legalese will disappear from legal documents
Plain language - expectations
law firms will lose their profits F
plain language will not create binding documentsF
using plain language will make legal documents less authoritative F
plain language will save time T
plain language will be taught at universities T
documents in plain language will be less precise F
plain language will become compulsory T
legalese will disappear from legal documents F
TEXT 2
1. What were people afraid of before introducing plain English into legal documents?
2. Describe examples how plain English increases law firms profits.
3. Which strategies have been implemented to support the Plain English Movement?
4. How is accuracy and precision preserved in plain English texts?
Legalese Plain Language
Hereinunder
Aforementioned
Hitherto
Thereof
thereupon
Inter alia
henceforth
Legalese Plain Language
Hereinunder below
Aforementioned above
Hitherto with/attached
Thereof of
thereupon then
Inter alia among other things
henceforth from now on
for the reason that... because/for
the applicant bears the burden on proving....
at that moment in time...
in combination with …
it is possible that she will be able to …
it is a requirement to establish sufficient
evidence to show ….
in the absence of...
acquire knowledge …
as a consequence of...
it is apparent that...
the applicant bears the burden on proving....
the applicant proves
at that moment in time... then
in combination with … and
it is possible that she will be able to…
she may
it is a requirement to establish sufficient evidence to show …. they must prove
in the absence of... without/absent
acquire knowledge … learn
as a consequence of... because of
it is apparent that... clearly
give (someone) a legal right T L E N I E T
keep away from I A O D V
exclude T E I L E I M A N
make certain that (something) will occur
N E S E U R
make something known to others V A E L E R
provide a substitute for P L R E A E C
give (someone) a legal right entitle
keep away from avoid
exclude eliminate
make certain that (something) will occur ensure
make something known to others reveal
provide a substitute for replace
James didn’t want to go to court, so the solicitor advised him what to do to _________ the trial.
The court ruled in favour of the claimants, they were ___________ to a remedy.
The prosecutor was successful in proving the guilt; his evidence ____________ that the defendant had been involved in the robbery.
Sarah is looking for a lawyer, her defence counsel needs to be _____________ because of serious illness.
avoid
entitled
revealed
replaced