Unit 6 - The Legal Profession in England

7/30/2019 Unit 6 - The Legal Profession in England

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SOLICITOR BARRISTER


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SOLICITOR- drafts legal documents

(conveyancing, drawing up

contracts and wills)- gives written advice- traditionally represents in the

inferior courts (Courts and LegalServices Act 1990 have the right to applyfor a certificate of advocacy in higher courts; Access to Justice Act 1999 allsolicitors should be given full rights of audience)

- receives instruction from layclients (e.g. the administration ofestates, family matters, theformation of companies, criminal

offences)- instructs barristers on behalf of lay clients

BARRISTER- provides representation in

the courts(has the RIGHT OF AUDIENCE also all courts)

- drafts documentsassociated with court

procedure- gives specialist legaladvice (e.g. on evidenceand procedural matters)

- takes instructions ( only) fromsolicitors


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SOLICITOR takes instructionsfrom the client

SOLICITOR prepares briefs andapproaches the barrister

BARRISTER gives an opinion or represents the client at the trial


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SOLICITORliable for

NEGLIGENCE

not liable for

DEFAMATION

BARRISTER(since 2000)liable for

NEGLIGENCEin the conduct of a

case


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SOLICITORS

employed

-in private practice (aloneor in a partnership firm)

- in industry andcommerce- in government

departments- in advice agencies

BARRISTERSwork

-independently in self-employed practice in

groups called chambers(cannot form partnerships)

and practice at the Bar as

barristers- as in-house counsels (may

only represent their employer)

- in government

departments


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3 STAGES1) gaining a bachelor degree in law

(LLB) or graduating in a non-lawsubject and complete a one year

conversion course postgraduateDiploma in Law (GDL)

2) Passing a one-year Legal PracticeCourse (LPC) + examination at theLaw Society

3) working for 2 years as a traineesolicitor serving articles (with alegal firm or in the legal departmentof a local authority or largecompany)

3) admitted as a solicitor

4) receives his Certificate of Practice


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3 STAGES1) gaining a bachelor degree in law (LLB)

or graduating in a non-law subject andcomplete a one year conversioncourse postgraduate Diploma in Law(GDL)

2) joining one of the Inns of Court+ a one year Bar Vocational Course;passing an examination (conducted by

the Council for Legal Education)2) the call to the Bar3) pupillage a year long apprenticeship

(usually at barristers chambers) -applying for tenancy in chambersFull Qualification Certificate the

RIGHT OF AUDIENCE in any court of law in England and Wales


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after at least 10 years as a barrister or solicitor withan advocacy qualification it is possible to apply tobecome a Queens Counsel (QC)

10% of the Bar

take on more complicated and high-profile cases

senior judges chosen from the ranks of QCs


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3 STAGES

1) undergraduate study(4 years)

2) law school (3 years) juris doctor (J.D.)

3) the bar examination(shortly after graduation;preparatory courses 3-6 days)

BrE barrister

AmE trial lawyer /attorney

BrE solicitor

AmE lawyer


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- - solicitor = nii odvjetnik - - barrister = vii odvjetnik

- - the Bar = odvjetniki stale - - to call to the Bar = postati lan

Odvjetnike komore - - to disbar = iskljuiti iz odvjetnike

komore, oduzeti licencu- - the Bar Council = Odvjetnika komora

engleskih i velkih viih odvjetnika - - Law Society = profesionalno tijelo

engleskih i velkih niih odvjetnika - - a bar association (AE) (Croatian Bar

Association) = odvjetnika komora - - to serve articles to a solicitor =

obavljati praksu kod nieg odvjetnika - - to qualify for Call to the Bar = ostvariti

uvjete za dobivanje odvjetnikelicence i prijem u Odvjetniku komoru

- - to undertake pupillage in chambers =obavljati odvjetniki vjebeniki sta uuredu vieg odvjetnika

- barristers chambers = ured viegodvjetnika

- to draw up/draft legal documents =sastaviti pravni dokument- a contract /a will = ugovor / oporuka- to give legal advice = pravno

savjetovati- to receive instructions from lay clients =

dobiti naputke (podatke) opredmetu od klijenta-to take instructions from a solicitor =

dobiti naputke (podatke) opredmetu od nieg odvjetnika

- to brief a barrister = upoznati vieg

odvjetnika s predmetom- a brief = kratki prikaz predmeta- to be liable for negligence /

defamation = biti (pravno)odgovoran za nemar / klevetu

- pleadings = pisani podnesci, parnini

akti; to plead a case = zastupati usporu


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1 a lawyer who is qualified to plead on behalf of clients2 in the UK, a training course which enables people who wish to

become barristers and who have registered with the Inns ofCourt to acquire the skills and knowledge to prepare them for the specialised training of the pupillage

3 a ceremony held at the end of this training course, when acandidate enters the profession

4 organisation regulating the legal profession

5 in the USA, an important test taken by law-school graduateswhich, when passed, qualifies a person to practise law6 granted entrance to the legal profession7 to compel a lawyer to stop practicing law due to an offence

committed


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1 a barrister 2 the Bar Vocational Course

3 the Call to the Bar 4 a bar association5 the bar examination

6 to admit to the Bar 7 to disbar


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- to do the preparatory work - to make a witness available- to learn the ways- to be in custody awaiting trial

- at the trial- to go into court- to prosecute to defend - a defendant- jury a juror - to appeal against- to cheat- to shoplift- to observe the rights of other people- the Central Criminal Court (the Old Bailey) = the Crown Court in the City of

London deals with major criminal cases from Greater London and

(exceptionally) other parts of England


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Combine the nouns in the box with the verbs below to make combinations todescribe the work lawyers do. Some of the verbs go with more than one noun.

cases clients contracts corporations decisionsdefendants disputes law legislation

1 advise2 draft3 practise4 represent5 research7 argue8 litigate9 plead


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Combine the nouns in the box with the verbs below to make combinations todescribe the work lawyers do. Some of the verbs go with more than one noun.

cases clients contracts corporations decisionsdefendants disputes law legislation

1 advise clients, corporations, defendants2 draft contracts, decisions, law, legislation3 practise law4 represent clients, corporations, defendants5 research cases, decisions, law, legislation7 argue - cases8 litigate cases, disputes9 plead - cases

Documents

Unit 6 - The Legal Profession in England