I. Legal Profession
A lawyer is a person who writes a 10,000-word document and calls it a "brief."
-- Franz Kafka
T can brainstorm expressions used for legal practitioners and activities which lawyers are involved in.
1. Lawyers in different countries do not hold the same titles or share the same role and status. Read the following text giving an outline of legal professions in civil law countries, England and the USA. In which country/countries do attorneys, solicitors, barristers, notaries or advocates work?
People roughly acquainted with the legal profession in civil law countries may be tempted to make an equation between the two main strands found there, i.e. notaries and advocates, and the two kinds of lawyers existing in England, i.e. barristers and solicitors, but this is not the case, the latter being of quite a different nature. It is true that English solicitors may draw up various legal documents and make them official as their civil law counterparts do but their scope of work is by far wider. The English solicitors also prepare cases for barristers defending those accused of crimes in courts and may also defend themselves such persons in lower courts. The very term “notary” does not denote a separate profession in England or the USA. There, you can come across the term “notary public” which denotes a professional who has authority to witness and draw up only certain documents and make them official. In England this is performed by solicitors but in the USA this may be done by people who have not qualified as lawyers, or attorneys, as they commonly referred to there. Otherwise, American attorneys are all-rounders doing all kinds of legal work. Regarding this variety of terms for denoting lawyers it is therefore safest, for the purposes of international legal English, to use neutral terms, e.g. lawyer with a kind of specification, such as lawyer for the defense, lawyer for the prosecution, conveyancing lawyer, etc.
However, as the international legal English naturally draws on the terminology of the Anglo-American legal system it is necessary to get to know with it.
Comprehension check - Which country(ies)?
attorney (attorney-at-law)
solicitor
barrister
notary
advocate
key:
attorney (attorney-at-law) - U.S., Czech Rep.
solicitor - England
barrister - England
notary - England ≠ Czech Rep. ≠ U.S.
advocate - Czech Rep.
Created by the team ofauthors.
2. Solicitors and barristers - Listening
POSLECH - PRVNÍ ČÁST Z LAW TODAY, Unit 5 (PROFESSIONAL TITLES):
Listening 2x, sharing info in pairs, class check with the key + vocabulary
lawyers in England / solicitors / barristersWhat do they do? / initial preparation,
litigations settled out of court,
draw up wills, give advice, investigate,
prepare documents / argue cases in front of a judge,
prepare arguments for the court
Where do they work? / in an office / in a courtroom
Who pays them? / clients / are employed by solicitors
Do they have the right of audience? / only in lower courts / yes, even in the highest courts
Additional information / judges are usually chosen
from the most senior barristers
Based on: POWELL, Richard.Lawtoday. 1st ed. Harlow: Longman, 1993, 128 s. ISBN 0582056357.
Texty z následujícíchcvičenílzeudělatjakoskupinovéprezentace, cvičenípaksloužíjakokontrola
the following texts as group minipresentations: - textyjsouvytažené v souboru “Texts for presentations”
●England
●US
●ČR - conditions to become a judge, ...
●ČR - legal trainees
●legal language Text 1
●legal language Text 2
3. Qualifying for the profession
A. England
Fill in the letters to complete the words and describe similarities and differences in becoming a barrister and solicitor.
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 _ _ firstobt _ _ _ either an undergr ______degree i _ law (LLB), or an undergraduate degree i _ any other subj _ _ _ followed b _ the conversion cour _ _. The sec _ _ _ stepinvol _ _ _ one-year Bar Professional Training Course. The la _ _ stage i_ completed by pupillage, i.e. one year spe _ _ as a pupil in barristers' cha _ _ _ _ _.
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 successfulcomple _ _ _ _, 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.
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 either 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 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.
Based on:
B. the USA
Read the text and translate the Czech words into English and compare becoming a judge in US and Czech Republic.
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.
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 ______(vedoukampaň) for their position like congressmen. All federal judges are ______(jmenováni) by the president and serve a life term.
NOTE: LL.B. = Bachelor of Laws, LL.M. = the Master of Laws
juris doctorate = J.D.= U.S. professional doctorate
Check with the key + comprehension & vocab (compare becoming a judge in US and Czech Rep.)
Key:
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.
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.
Based on:
.
C. the Czech Republic
The legal professions in the Czech Republic include judges, public prosecutors, attorneys, notaries and executors/bailiffs. Who are the following conditions necessary for?
this can be done quicky as a class eliciting answers, or as a discussion in groups
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
Legal Professions in the Czech Republic
The conditions for being appointed a judge: Czech nationality, legal capacity, good character, university education, personal experience and moral qualities guaranteeing that the judge will duly perform his/her functions, passing a professional judicial examination, the age of 30 at the time of his/her appointment.
Eligibility to be appointed a public prosecutor: Czech citizenship, legal capacity, good character, university education in law, moral qualities guaranteeing that the public prosecutor will duly carry out his/her duties, passing a professional examination, the age of 25 at the date of appointment.
The conditions which must be met to act as an attorney: registration in the list of lawyers maintained by the Czech Bar Chamber, legal capacity, a university education in law, at least three years’ prior legal experience as a trainee, good character, passing a professional examination for lawyers.
The conditions to become notaries: Czech nationals, legal capacity, good character, a university education in law, at least five years’ experience of notarial activities, passing a professional examination for notaries.
Persons may become executors if they are Czech nationals, hold legal capacity, have a university education in law, are of good character, have at least three years’ experience of execution activities and have passed a professional examination for executors.
Based on: ,
4. Do you know the conditions for becoming a legal trainee in the Czech Republic? Below is an extract from the Czech act on legal profession, 1996. Translate the words in bold into Czech.
THE LEGAL TRAINEESection 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, 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. / ______
______
______
______
______
______
______
______
______
Zákon o advokacii
ADVOKÁTNÍ KONCIPIENT
§ 36
Advokátnímkoncipientem je ten, kdo je zapsán v seznamuadvokátníchkoncipientůvedenémKomorou.
§ 37
(1) Komorazapíše do seznamuadvokátníchkoncipientůkaždého,
a) kdomáplnouzpůsobilost k právnímúkonům,
b) kdozískalvysokoškolskévzdělání v oboruprávo
1. vmagisterskémstudijnímprogramustudiemnavysokéškole v České republice1b), nebo
2. studiemnavysokéškole v zahraničí, pokud je takovévzdělání v Českérepubliceuznávánozarovnocennévzděláníuvedenému v bodě 1 nazákladěmezinárodnísmlouvy, kterou je Českárepublikavázána, anebopokudtakovévzděláníbylouznánopodlezvláštníhoprávního předpisu1c), a současnětakovévzděláníodpovídáobsahem a rozsahemobecnémuvzdělání, kterélzezískat v oboruprávonavysokéškole v Českérepublice,
c) kdo je bezúhonný,
d) komunebylouloženokárnéopatřenívyškrtnutízeseznamuadvokátníchkoncipientůnebonaněhož se hledí, jako by mu totokárnéopatřenínebylouloženo, a
e) kdo je k advokátovi, usazenémuevropskémuadvokátovi, kespolečnostinebo k zahraničníspolečnosti v pracovnímpoměrusjednanémnastanovenoutýdennípracovnídobupodlezvláštníhoprávníhopředpisu14c).
5. Language Practice
5.1 Match the terms to the definitions
- lawyer
- attorney
- counsel
- prosecutor
- solicitor
- barrister
- judge
- notary public
- paralegal
- trainee
- a person legally allowed to act on behalf of clients
- a person learned in law
- a person acting for one of the parties in legal proceedings
- a lawyer (England) arguing cases at the court
- a person conducting criminal proceedings
- a lawyer (England) with a certificate to practise law
- a lawyer licensed to act in legal affairs (witnessing and drawing up documents)
- a person presiding over a court
- a person undergoing professional training at a law firm
- 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
Created by the team ofauthors.
5.2 Fill in the gaps with the following phrases, use each phrase only once:
have the right of audience
represent clients
take statements
instruct a barrister
a) Our solicitors will ______from claimants and any witnesses to an accident.
Our solicitors will take statements from claimants and any witnesses to an accident.
b) Should lawyers ______they know are guilty?
Should lawyers represent clients they know are guilty?
c) We need to ______to attend the Tribunal on behalf of our client's son.
We need to instruct a barrister to attend the Tribunal on behalf of our client's son.
d) A US lawyer does not automatically ______in a Canadian court.
A US lawyer does not automatically have the right of audience in a Canadian court.
Created by the team ofauthors.
5.3 Create as many meaningful 2-word collocations from the following words as you can:
example: local judge
law degree/society/graduate/undergraduate;
local judge/elections/council/Bar;
………………………………………………………………………………….
undergraduate degree;
Bar Council
………………………………………………………………………………….
Created by the team ofauthors.
+ PPT Báry (Lesson 4 - Collocations Bara.pptx)
6. Speaking
A) Which profession and in which country do you find attractive? Why? Which profession do you find difficult to qualify for? Why?
Created by the team ofauthors.
B) Groups of 3 - Who are you? Make sentences using the information from the table below, the other two will guess the profession. Sometimes, there can be more activities associated with one profession, and the same activity can be associated with more professions.
Example: I’m a person who sits at court and decides cases. -> judge
Check vocab in bold:
judge
attorney
prosecutor
solicitor
barrister
executor
paralegal
trainee
pupil
corporate in-house counsel
notary
place / activityin the office
at court
in a law firm
in England and Wales
in the USA
in the CR / draw up wills
represent people
advise clients
decide cases
go through an apprenticeship to become a barrister
sentence criminals
charge suspects with crimes
do research
assist lawyers
confirms the authenticity of the documents
prepare contracts
represent the state in criminal proceedings
be a member of the Bar
enforce executions
provide specialists advice
work within a company to deal with their legal matters
undergo professional training
have the right of audience
...
Another speaking activity - Discussion: a Czech student of law, an English student of law, a US student of law - explaining and comparing legal professions (phrases for asking for clarification, explaining, …)
Created by the team ofauthors.
II. Legal Language: Legalese and Plain English
Judge: The charge here is theft of frozen chickens. Are you the defendant?
Defendant: No, sir, I'm the guy who stole the chickens.
1. Pre-reading: You have already come across several texts on legal topics. How would you describe legal language? What are its typical features? Name some examples of legal vocabulary or phrases. Complete the mind-map below with features and examples of legal English.
First, T brainstorms vocab in class or groups, if necessary some help - words Ss should know from previous lessons: action, stare decisis, a (law)suit, tort, defendant, … T can add some more: nuisance, I do solemnly swear, The truth, the whole truth, and nothing but the truth,
Next, generalise the features and fill-in the mind map, e.g.
Based on: Gillian Brown and Jill Northcott, Edinburgh, Legal English Teacher Training Course. 2002
2.:Read Text 1 and explain the key terms - legalese, plain language movement, principle of accessibility.
Text 1:
They say that lawyers have a language all of their own. The language lawyers use when speaking and writing contains many words, phrases and writing styles which are specific to the profession. These words are known as ‘legalese’. Legalese often confuses people who are non-lawyers because they simply are not familiar with the language. In some cases, lawyers, judges and the courts have even found it difficult to understand the real meaning of words or documents because of legalese. Clients of law firms also have problems figuring out whether a legal advice or a contract is actually helpful to them because they cannot really understand the contents.
In many English speaking jurisdictions like the United States and Australia, this problem was recognised about twenty years ago. Lawyers, various bar associations and governments agreed that a change was needed. This gave rise to what is known as the Plain Language Movement. This is a philosophy that believes that documents of all kinds (including legal documents) should be written in a way so that a person can understand them easily the first time they read them. This means eliminating legal expressions which have a plain English equivalent, avoiding Latin expressions and archaisms, using short sentences and headings. People are entitled to understand the documents that bind them or state their rights. This is known as the principle of accessibility.
Based on text by Martin Udall
Your explanation:
legalese …......
legalese can be explained as the specific language of law which is difficult to understand for non-lawyers
plain language movement ….