10. There are two very important principles of constitutional law. which are closely
related to each other and are known as the doctrine of separation of powers and
the doctrine of judicial review.
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12. The courts consider the law to be an expression of public will in resolving issues
and disputes.
"Appeals"
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2. The Commonwealth countries use the English common law.
3. , .
4. The case will be decided as soon as the new judge is appointed.
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7.
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8. The Judge of the United States is appointed by and subordinate to. the President
[ ),
9. (to conform to) ;
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138-------------------------- -------------------------------------------------------------------------
139
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| V |
CHAPTER
LESSON
LEGAL PROFESSION
the everyday junior work the four inas of Court
to sit exams
association with a senior barrister
to "be called to the bar"
to "take silk"
the letters QC (Queen's Counsel) the different skills to live a more rarefied existence legal rules to hire smb.
the experts on general principles of the law
to acquire the special skill of eloquence in public speaking
the impersonal majesty of the law
the retiring age
to get a very high salary
-
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TERMS AND EXPRESSIONS
INTRODUCTORY EXERCISES
legal profession a solicitor
to handle legal matters
drawing up of documents
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wills
divorce papers
to present cases in higher courts
a barrister
140----------------------------------------
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Entering the profession
How does someone become a lawyer? As with doctors and other professionals enjoying a high level of trust because of the specialized knowledge, lawyers are subject to standardized examination and other controls to regulate their competence. In some countries in order to practice as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, it is not in fact necessary to have a degree, although nowadays most people entering the profession do. The main requirement is to have passed the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Someone with a university degree in a subject other than law needs first to take a preparatory course. Someone without a degree at all
may also prepare for the final examination, but this will take several years. In most
141
countries, lawyers will tell you that the time they spent studying for their law finals was one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an articled clerk, during which time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.
EO :
1) court clerk, 2) prosecutor, 3) solicitor, 4) barrister, 5) bailiff, 6) defendant, 7) sheriff, 8) witness, 9) appellant, 10) judge, It) plaintiff, 12) prison officers.
1. A court officer who maintains order in the courtroom and is responsible for
custody of the jury is....
2. A lawyer who speaks in a law court, either for or against a case is....
3. A person against whom legal action is brought is....
4. A person who gives evidence at a trial is....
5. A lawyer who advises on legal matters and helps with wills, house sales and
other legal matters is...,
6. The party that requests an appeal is....
7. A person appointed to hear and try cases in a court of law is....
8. Men or women who look after prisoners in prison are called....
9. The chief executive and administrative officer of a county, chosen by popular
election is....
10. The party bringing the suit is called....
11. The officer, who sits right below the judge, keeps track of all documents and
exhibits and notes down important events in the trial is....
12. The public officer in each county who is & lawyer and who represents the inter
ests of the state is...,
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(
):
Legal Profession
There are two distinct kinds of lawyer in Britain. One of these is a solicitor. Every
body who needs a lawyer has to go to one of these. They handle most legal matters
for their clients, including the drawing up of documents (such as wills, divorce
papers and contracts), communicating with other parties, and presenting their cli
ents' cases in magistrates' courts. However, only since 1994 have solicitors been
allowed to present cases in higher courts. If the trial is to be heard in one of these
the solicitor normally hires the services of the other kind of lawyer - a barrister.
The only function of barristers is to present cases in court
142---------------:----------------------------.---------------------------!__________________
The training of the two kinds of lawyer is very different. All solicitors have to pass the Law Society exam. They study for this exam white "articled" to established firms of solicitors, where they do much of the everyday junior work until they are qualified.
Barristers have to attend one of the four Inns of Court in London. These ancient institutions are modelled somewhat on Oxbridge colleges. For example, although there are some lectures, the only attendance requirement is to eat dinner there on a certain number of evenings each term. After four years, the trainee barristers then sit exams. If they pass, they are "called to the bar" and are recognized as barristers. However, they are still not allowed to present a case in a crown court. They can only do this after several more years of association with a senior barrister, after which the most able of them apply to "take silk". Those whose applications are accepted can put the letters QC (Queen's Counsel) after their names.
Neither kind of lawyer needs a university qualification. The vast majority of barristers and most solicitors do in fact go to university, but they do not necessarily study law there. This arrangement is typically British.
The different styles of training reflect the different worlds that the two kinds of lawyer live in, and also the different skills that they develop. Solicitors have to deal with the realities of the everyday world and its problems. Most of their work is done away from the courts. They often become experts in the details of particular areas of the law. Barristers, on the other hand, live a more rarefied existence. For one thing, they tend to come from the upper strata of society. Furthermore, their protection from everyday realities is increased by certain legal rales. For example, they are not supposed to talk to any of their clients, or to their client's witnesses, except in the presence of the solicitor who has hired them. They are experts on general principles of the law rather than on details, and they acquire the special skill of eloquence in public speaking. When they present a case in court, they, like judges, put on the archaic gown and wig which, it is supposed, emphasize the impersonal majesty of the law.
It is exclusively from the ranks of barristers that judges are appointed. Once they have been appointed, it is almost impossible for them to be dismissed. The only way that this can be done is by a resolution of both Houses of Parliament, and this is something that has never happened. Moreover, their retiring age is later than in most other occupations. They also get very high salaries. These things are considered necessary in order to ensure their independence from interference, by the state or any other party. However, the result of their background and their absolute security in their jobs is that, although they are often people of great Seaming and intelligence, some judges appear to have difficulty understanding the problems and circumstances of ordinary people, and to be out of step with general public opinion.
( , ).
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143
To handle legal matters; divorce papers; common law; ; ; ; to sit exams; the different skills; legal rules; ; ; the impersonal majesty of the law; prosecutor; security; , ; ; indictment; legal profession; testimony; damages; remedy; ; ; ; yesterday at 17 p.m.; in 1945; evidence; plaintiff; court clerk,
\t\ :
U.N.Ch., subsec, supp., stat. rem., C.C.C. (Central Criminal Court), C.CJ. (Circuit Court Judge), Atty, auth., Bar., agst, agrt, ack., jus. P., ltd., V.I.P., pt., Pr., Mrs, restr., ZD ().
| H |
"The Witness for the Prosecution" by Agatha Crtstie:
...It came by the six o'clock post. An illiterate scrawl, written on common paper and enclosed in a dirty envelope with the stamp stuck on crooked. Mr, Mayheme read it through once or twice before he grasped its meaning,
Dear Mister,
Youre the lawyer chap wot acts for the young feller. If you want that painted foreign hussy showed up for wot she is in her pack of lies you come to 16 Shaw's Rent Stepney tonight It ull cawst you 2 hundred quid Arsk for Missis Mogson.
The solicitor read and reread this strange epistle, ft might, of course, be a hoax, but when he thought it over, he became increasingly convinced that it was genuine, and also convinced that it was the one hope for the prisoner.
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LESSON
legal affairs \ legal matters J who has become officially qualified
to qualify
attorney
public prosecutor
banister
solicitor
to argue a case
the right to be heard \
the right of audience J
client
to practice as
to come before a court
to handle legal work
to draw up a will
litigation
courtroom
to make investigation
to prepare documents
range of work
to prepare defenses for
libel matter
to libel
to specialize in
stockbroker
to prepare/draw up a contract
share transactions
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147
| legal profession whose lives are not so secure welfare rights fee-paying clients to subsidize ['sjvbsidaizj lawyers involved in human lights Amnesty International legal services to be entitled to to face criminal prosecution government-funded Legal Aid Board |
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INTRODUCTORY EXERCISES
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1. In most countries, once a lawyer is fully qualified he receives a certificate proving
his right to sell his services.
2. There are also insurance provisions so that if a lawyer is ever successfully sued by
a client for professional incompetence there will be funds available to enable him
to pay damages.
3. Those damages may be extremely large in the case of lawyers dealing with prop
erty transactions.
4. Even if a lawyer is very competent, he must take care not to break the many rules
of procedure and ethics set by the body which regulates his profession.
5. In England, the body regulating the conduct of solicitor is the law Society.
6. Among other things, it sets rules for lawyers' accounting procedures and investi
gates complaints against lawyers by their clients.
7. There is also a Solicitor's Disciplinary Tribunal with the power to suspend or even
disqualify (or strike off) a solicitor.
8. Since its members are themselves solicitors some people fear that it may not be
completely impartial ()
148-------- ---------------------------------.______________.________________
| 0 |
( - . "Legalese"}:
Legalese
Although lawyers come from a variety of backgrounds and do a variety of work, as a profession they often appear rather remote and difficult to understand. Perhaps one reason for this is legalese the strange and incomprehensible language so many lawyers seem to write and speak. This is not just a feature" of English-speaking lawyers. People afi over the world complain that they cannot understand court proceedings or legal documents.
Of course all professions have their own jargon. The use of some special words can be justified because they refer to matters which are important to a particular profession but not important to most people in everyday life. But sometimes it seems that jargon is a way of creating a. mystery about a profession of distinguishing people on the inside (economist, doctors, teachers) from those on the outside.
In recent times lawyers have made efforts to make their profession less mysterious. After all, their job is supposed to be to clarify matters for the public, not to make them more complicated! This is particularly so in the United States where lawyers openly advertise their services to the public and where special clothes and wigs, still a feature of the English system, have mostly disappeared. But it seems likely that legalese will survive for a long time to come. One reason for this is that old documents and reports of old cases have great importance in law, particularly in common law systems. Another reason is that rewriting laws is a slow and painstaking process. The words must try to cover every eventuality, because people are always looking for a legal loophole, a way of avoiding a legal duty by making use of an ambiguity or an omission in law. Consequently if there is an existing law which has worked for a long time, even a law which contains old language in long and complex sentences, it is easier to retain the old law than write a new one. Even when a government draws a new law it is often guided by the working of an older law.
jargon ['djaigsn] - ,
eventuality [i.ventju'aelitij ,
,
loophole . ,
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Lawyers at Work Professional Titles
Although many kinds of people working in or studying legal affairs are referred to as lawyers, the wcrd really describes a person who has become officially qualified to aci
in certain legal matters because of examinations he has taken and professional expe-
_------------,------------------------------------------------------------------------------------------- 149
L
rience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs. In Japan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor, or a judge, In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, and once appointed they cannot continue to practice as barristers. Solicitors do much of the initial preparation for cases which they then hand to barristers, as well as handling legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client's case. In general, it can be said that barrister spends more of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents.
Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia. The government is considering various proposals, but there are arguments for maintaining, as well as removing, the division.
Even lawyers with the same qualifications and professional title may be doing very different kinds of work. Most towns in the United States, for example, have small firms of attorneys who are in daily contact with ordinary people, giving advice and acting on matters such as consumer affairs, traffic accident disputes and contracts for the sale of land. Some may also prepare defences for clients accused of crimes.
However, in both the United States and other industrialized countries, lawyers are becoming more and more specialized. Working in small firms, lawyers now tend to restrict themselves to certain kinds of work, and lawyers working in large law firms or employed in the law department of a large commercial enterprise work on highly specific areas of law. One lawyer may be employed by a mining company just to prepare contracts for the supply of coal. Another may work for a newspaper advising the editors on libel matters, Another may be part of a Wall Street firm of over a hundred lawyers who specialize in advising stockbrokers on share transactions.
As well as the type of work, the working conditions and pay among members of the legal profession also vary greatly. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life. However, it should not be forgotten that there are also lawyers whose lives are not so secure. The Wall Street attorney probably earns a high salary, but the small firm giving advice to members of the public on welfare rights or immigration procedures may have to restrict salaries in order to stay in business.
There are lawyers in developing countries whose business with fee-paying clients subsidizes the work they agree to do for little or no payment for citizens' rights groups. Lawyers involved in human rights may even find their profession is a dangerous one. Amnesty International research shows that more than 60 lawyers
