The word lawyer describes a person officially qualified

2. Какие
   требования предъявляют к квалификации
   юриста в современном обществе?
   Прочитайте и переведите текст.

3. The Profession of Lawyers

4. The
   word «lawyer»
   describes a person who practices law, who has
   become officially qualified to act in certain legal matters because
   of
   examinations he has taken and professional experience 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
   examination to become an attorney,
   a
   public prosecutor or a judge.

5. A
   distinctive feature of the legal profession in England is that it is
   divided into two groups: barristers
   and
   solicitors.
   Barristers
   are lawyers
   who specialize in arguing
   cases in
   front of a judge and have an
   exclusive right to be heard, the right
   of audience¹,
   in
   all law courts
   in England, 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 are lawyers who do
   much of the initial preparation for cases. They prepare legal
   documents
   (e.g. wills, sale of land or buildings), advise clients on legal
   matters, and speak on
   their behalf²
   in
   lower courts. In other words,
   a barrister spends most 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 and making investiga­tions.
   Many people in England believe the distinction between bar­risters
   and solicitors should be eliminated, as it has already happened in
   Australia.

6. 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
   departments
   of a large commercial enterprise work on highly spe­cific
   areas of law.

7. How
   to enter the profession of lawyers? Lawyers are subject to
   standardized
   examination and other controls to regulate their com-

8. 418

9. petence.
   In some countries in order to practice as a lawyer it is nec­essary
   to obtain a university degree in law. However, in others, a degree
   may be insufficient; professional examinations must be passed.
   In Britain, 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 countries, law­yers
   would say that the time they spent studying for their law finals was
   one of the worst period of their life. This is because an enor­mous
   number of procedural rules covering a wide area of law must be
   memorized. In Japan, where there are relatively few lawyers, the
   examinations
   are supposed to be particularly hard: less than 5
   per­cent
   of candidates pass.

10. A
    solicitor in England must then spend two years as an articled
    clerk³,
    during
    which time his work is closely supervised by an ex­perienced
    solicitor, and then he must take further courses. A bar­rister
    spends a similar year serving as a pupil
    under
    an experienced barrister.

11. In
    most countries, once a lawyer is fully qualified he receives a
    certificate
    proving his right to sell his service. 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. 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. In England, the body
    regulating the conduct of solicitors is the Law Society. There is
    also a Solicitor’s Disciplinary Tribunal with the power to
    suspend or
    even disqualify a solicitor.

12. In
    most legal systems, conversations between a lawyer and his client
    are privileged:
    the
    client should know that what he says will not
    be passed on to someone else without his permission. In theory, it
    could pose difficult ethical problems for a lawyer. For instance,
    what
    should he do in a criminal case if he believes his client guilty? In
    any case, it is the prosecution’s job to prove guilt, not the
    de­fence’s
    to prove innocence. A lawyer could therefore defend his cli­ent
    simply by trying to point out weaknesses in the prosecution case.

13. Notes to the Text

1. the
   right of audience —
   право выступать в суде

2. on
   their behalf —
   от их имени

1. 419

2. 3.
   articled
   clerk —
   служащий конторы солиситора, выпол­няющий
   свою работу в порядке платы за обучение
   профессии солиситора

3. Упражнение
   1. Составьте
   словосочетания глаголов из колонки А
   и суще­ствительных
   из колонки В.

4. А В

1. enter a.
   advice

2. prepare/
   prepare for b. a degree in law

3. become с
   time

4. gain d.
   a problem

5. give e.
   examinations

6. argue f.
   a job

7. pose g.
   on one’s behalf

8. speak h.
   a profession

9. get/
   obtain i.
   guilt/ innocence

1. prove j.
   a case

2. take/
   pass k.
   experience

3. do 1.
   arguments,
   documents/ the final exam

4. spend m.
   a lawyer

1. Упражнение
   2. Назовите
   5 словосочетаний со словами law
   и
   legal.

2. Упражнение
   3.
   Заполните пропуски.

3. 1.
   …
   is
   a general term for a member of the legal profession, e.g. a
   judge, barrister, solicitor, law teacher, etc. 2.
   The
   common pur­pose of a barrister and a solicitor is to provide
   professional service and advice on legal…
   3. Barrister
   is a lawyer who can speak and …
   a
   case in one of the higher courts. 4.
   Attorneys
   are persons who are legally
   allowed to act on …
   of
   someone else. 5.
   Solicitors
   may now have
   a right of… in certain courts. 6.
   At
   present a solicitor may choose
   any …
   to
   advise his client or to appear for the client in court.
   7.
   …
   is
   a clerk who has passed the examination to become a solicitor
   but has to work in a solicitor’s office for some years to learn
   the law. 8.…
   means
   protected by privilege, e.g. a letter from a client
   to his lawyer. 9.
   Jurors
   are members of a …
   10. Jurist
   is an ex­pert
   in …
   11.
   Jurisprudence
   is science and philosophy of human …

4. Упражнение
   4. Заполните
   пропуски следующими словами: legal,
   legally, legalize,
   legalization.

5. 1.
   To
   …
   is
   to make something legal. 2.
   To
   sue means to take …
   action
   against someone in a civil court. 3.
   The
   directors of large commercial
   enterprises are …
   responsible.
   4.
   The
   …
   of
   labour rela­tions
   is reflected in the law of employment.

6. 420

7. Упражнение
   5. Заполните
   пропуски синонимами или словами,
   близкими по
   значению.

1. higher
   in authority

2. remove

3. limit

4. need
   /
   require

5. hand
   /
   give
   to smb. else

6. show
   /
   direct
   attention to

7. some

8. discuss
   /
   debate

9. rule
   /
   order

10. not
    general

11. control
    systematically

12. think

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Другие языки

Task 4 : Put each of the following words and phrases into its correct place.

1. accused

2. court

3. judge

4. legislature

5. panel

6. trial

7. acquit

8. cross-examination

9. jurors

10. list

11. sentence

12. witnesses

13. civil suits

14. fault

15. jury

16. money

17. swear

18. counsel

19. guilty

20. legal disputes

21. officer

22. testimony

A jury is a selected group of laymen that hears the trial in court and decides the facts.

Task 5: Read and translate the text.

Legal profession.

The legal profession has existed for over two thousands years. From the Greek city – states and the Roman Empire to present day. The word “lawyer” describes person who has become officially qualified to act in certain legal matters because of examinations he or she has taken and professional experience he or she has gained. Nowadays lawyers perform four major functions.

First, lawyers counsel. This means that lawyers offer advice to their clients. Second, lawyers negotiate. They mediate between competing aiming for results that will prove advantageous to their clients.

Third, lawyers draft documents. It is the most intellectually challenging function.

Fourth, they litigate. But only a small fraction of all lawyers devote much time to courtroom activities. Lawyers play a vital and active role in the formulation and administration of laws. Because of their role in society and their close involvement in the administration of law, lawyers are subject to special standards, regulation, and liability. Judicial ethics consist of the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety.

For example, in the USA Disciplinary a state judicial commission typically controls actions for infractions of the rules of conduct by state judges. Their responsibility is to deal with complaints of judicial misconduct. If a complaint directed to the judicial commission passes the screening and deposition phases, it is investigated and a trial-like hearing is instituted. Judicial committees typically have the power to sanction a judge and to require a judge to retire or resign.

The rate at which the legal profession grows is terrific. Why is the career in law so popular? In the USA the average salary of experienced lawyer in private practice is more than $ 100,000.

Lawyer’s salaries are substantially greater than those of many other professions.

Transfer:

Профессия юриста существует больше двух тысяч лет. Из греческого города – государства и Римская империя до настоящего момента. Слово “адвокат” описывает человека, который стал официально компетентным, чтобы действовать в определенных правовых вопросах и экспертиз, которые пуличили профессиональный опыт.В наше время адвокаты выполняют четыре главных функции.

Task 6: Translate into Russian.

1. officially qualified — официально квалифицированы

2. legal matters — юридические вопросы

3. professional experience — профессиональный опыт

Task 7: Answer the questions to the text.

1. When did the legal profession appear?

The legal profession has existed for over two thousands years.

2. What does the word “lawyer” describe?