Lawyers in private practice in Russia work mostly within colleges of advocates self-managed cooperative-type organizations. There are about nineteen thousand advocates in more than one hundred colleges. The highest body of advocates' self-management is the general meeting of a college. The presidium headed by the chairperson is the executive board of each college. The presidium is elected by the general meeting for a term of three years.
Colleges of advocates are formed in accordance with territorial subdivisions in the cities, regions (oblasts), republics or autonomous entities. In its territory any college is represented by law firms or legal aid offices, which render all regular legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffs or defendants in civil litigation, and provide defense in criminal proceedings.
There are now more and more American-type law firms in Russia functioning separately from colleges of advocates and especially involved in representing private businesses.
Many lawyers are employed by the law offices of enterprises, ministries and agencies as in-house counsel (jurisconsult). These lawyers have all powers of an attorney, but they represent their single and permanent "client" their respective organization. There are about twenty thousand of them in Russia, and in view of the economic reform this body is growing.
Of course, many in the legal profession teach or do academic research work. In Russia there are forty institutions of higher education in law (either a law school attached to a university or a separate entity called a "juridical institute"). New private law schools are popping up. There are also separate research centers in law, the most prominent of which is the Institute of State and Law under the Academy of Sciences of Russia.
college of advocates
self-managed cooperative type organization
executive board
legal aid offices
to render
in-house counsel
plaintiff
defendant
juridical
2
THE AMERICAN LEGAL PROFESSION
The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.
In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of f work done by lawyers.
Attorney
Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer will need to engage in factual investigation.
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With respect to each of these roles, the lawyer will do the following:
Counselor: Attorney will help advise the client how to order the client's affairs.
Negotiator: Lawyer will work with opposing counsel to try to get a favorable resolution for the client. The art of negotiation involves many techniques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or offered by the opposing party.
Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.
Fact Investigator: All of the lawyer's roles require the investigation of relevant facts, including locating and interviewing witnesses.
A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.
Judge
The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.
Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote.
Jury
The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive instructions from the judge as to the law, and its members will assess the facts as they perceive them in light of the law, as instructed, to return a verdict.
Notes
attorney
counselor ()
negotiator
litigator
to engage in factual investigation
to order the client's affairs
to get a favorable resolution
the art of negotiation
to retain the right
to accept
to reject
motion
to locate
to be charged with the duty
to maintain order
to assess the facts
to perceive ,
in the light of the law
to return a verdict
I. , .410. , 1, 2, 3, 4.
II. ing- -s, , , .
III. . .
Legal, lawful, legitimate
Any action which is allowed by law is legal: It's legal for people over 18 to buy alcohol.
Legal also means "connected with the law": the legal profession.
Lawful means "existing according to law" and suggests that the law has moral or religious force: lawful marriage.
Legitimate means "accepted by law, custom or common belief ": the legitimate government
1. She is the................... owner of the property.
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2. Is the procedure perfectly.................?
3. The company intends to take........... action.
4. The Crown Prince has a.................... claim to the throne.
5. The defendant applied for.............. aid.
6. Schooling is a................ requirement for children over five years old in Britain and the USA.
7. He was attacked while going about his . business.
IV. :
1) a) to carry a case
2) b) to bring a case
3) ) to drop a case
4) d) to close a case
5) e) to initiate a case
6) , f) to argue a case
V.
.
To negotiate, to litigate, to engage, to oppose, to assess, to advise
VI. .
1. What are the main types of legal profession in Great Britain?
2. What duties to the client and to the court do solicitors have?
3. What kind of paper work do barristers do?
4. What is the usual way for solicitors and barristers to build up a practice?
VII. -.
