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