4 Legal Profession 1 Which country solicitor barrister

4 Legal Profession 1

Which country? solicitor barrister attorney (attorney-at-law) notary advocate

Which country? solicitor - England barrister - England attorney (attorney-at-law) - U. S. , Czech Rep. notary - England ≠ Czech Rep. ≠ U. S. advocate – Czech Rep. X „an advocate“ in English = zástánce, obhájce, in Scotland - právní zástupce

Professional titles - listening The word lawyer describes … In Japan … In England What do they do? Where do they work? Who pays them? Do they have the right of audience? Additional information Barristers Solicitors

Professional titles - listening In England What do they do? Where do they work? Barristers argue cases in front of a judge, prepare arguments for the court in a courtroom Solicitors initial preparation, litigations settled out of court, draw up wills, give advice, investigate, prepare documents in an office Who pays them? are employed by solicitors Do they have the right of audience? yes, even in the highest courts Additional information judges are usually chosen from the most senior barristers clients only in lower courts

In pairs compare barristers and solicitors using some of the linking words (note the sentences down) Unlike barristers who …, solicitors … Barristers …. On the contrary, solicitors … In addition to …, solicitors also …

Minipresentations Group 1 – England Group 2 – U. S. A Group 3 – Czech Republic Group 4 – Legal trainees in the Czech Rep. Group 4 – Legalese X Plain Language – Text 1 Group 5 – Legalese X Plain Language – Text 2

Group presentations read the text agree on the main points prepare a visual present as a group: • everybody must speak • introduction – main body – conclusion • natural delivery (no reading)

Barristers - qualifying for the profession Barristers are mem _ _ of the Bar Council o _ England 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 _ _ first obt _ _ _ either an undergr _ _ _ degree i _ law (LLB), or an undergraduate degree i _ any other subj _ _ _ followed b _ the conversion cour _ _. The sec _ _ _ step invol _ _ _ one-year Bar Professional Training Course. The la _ _ stage i _ completed by pupillage, i. e. one year spe _ _ as a pupil in barristers' cha _ _ _.

Barristers - qualifying for the profession Barristers are members of the Bar Council of England 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 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 - qualifying for the profession 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 oneyear Legal Practice Course. Upon successful comple _ _, 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.

Solicitors - qualifying for the profession 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.

US attorneys - qualifying for the profession 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.

US attorneys - qualifying for the profession 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.

US judges - qualifying for the profession 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 _ _ _ _ (vedou kampaň) for their position like congressmen. All federal judges are _ _ _ _ _ (jmenováni) by the president and serve a life term.

US judges - qualifying for the profession 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.

CR: judges, attorneys, public prosecutors, executors, notaries? having no criminal record a master’s degree in law at a Czech university a master’s degree in law being a Czech citizen having passed a special examination possessing the moral qualities that will guarantee they will exercise their function properly at least 25 years old/at least 30 years old having completed necessary practice

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, notary

THE LEGAL TRAINEE Section 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, advokátní koncipient __________ vedený Komorou _________ zapsat do seznamu _________ plnou způsobilost _________

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. mezinárodní smlouva ________ odsouzení za trestný čin ________ vyškrtnutí ze seznamu ________ opatření _______ podle zvláštního právního předpisu ________

Language Practice A. lawyer B. attorney C. counsel D. prosecutor E. solicitor F. barrister G. judge H. notary public I. paralegal J. trainee 1. a person legally allowed to act on behalf of clients 2. a person learned in law 3. a person acting for one of the parties in legal proceedings 4. a lawyer (England) arguing cases at the court 5. a person conducting criminal proceedings 6. a lawyer (England) with a certificate to practise law 7. a lawyer licensed to act in legal affairs (witnessing and drawing up documents) 8. a person presiding over a court 9. a person undergoing professional training at a law firm 10. a legal assistant

key: A 2, B 1, C 3, D 5, E 6, F 4, G 8, H 7, I 10, J 9 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

Language Practice take statements a) Our solicitors will _________ from claimants and any witnesses to an accident. represent clients b) Should lawyers _________ they know are guilty? instruct a barrister to c) We need to _________ attend the Tribunal on behalf of our client's son. d) A US lawyer does not automatically have the right of audience in a Canadian court. _________

Language Practice example: local judge

Language Practice law degree, law society, law graduate, law undergraduate; local judge, local elections, local council, local Bar; udergraduate degree; Bar Council

Speaking A) Which profession and in which country do you find attractive? Why? Which profession do you find difficult to qualify for? Why?

Legal language – examples and features specific performance, action, ratio decidendi, defendant, (law)suit, „I do solemnly swear“, tort, nuisance, aforesaid, . . .

Text 1 legalese …. . . . . plain language movement …. principle of accessibility …

Text 1 legalese can be explained as the specific language of law which is difficult to understand for non-lawyers plain language movement can be explained as a philosophy which believes that documents should be written in such a way that all readers can understand it easily principle of accessibility can be explained as the assumption that everybody is entitled to understand the documents which are binding for them or which state their rights

Text 1 1. Why does legalese cause misunderstanding? 2. Who can have problems with understanding legalese? 3. Who initiated the Plain Language Movement? 4. Which changes are included in the Plain Language Movement?

Text 1 1. Why does legalese cause misunderstanding? legal speaking and writing contain many words and phrases that are specific to law, which can confuse people

Text 1 2. Who can have problems with understanding legalese? non-lawyers, and in some cases even lawyers themselves

Text 1 3. Who initiated the Plain Language Movement? lawyers, bar associations and governments in many English-speaking jurisdictions

Text 1 4. Which changes are included in the Plain Language Movement? eliminating legal expressions which have a plain English equivalent, avoiding Latin expressions and archaisms, using short sentences and headings

Plain language - expectations law firms will lose their profits plain language will not create binding documents using plain language will make legal documents less authoritative plain language will save time plain language will be taught at universities documents in plain language will be less precise plain language will become compulsory legalese will disappear from legal documents

Plain language - expectations law firms will lose their profits F plain language will not create binding documents. F using plain language will make legal documents less authoritative F plain language will save time T plain language will be taught at universities T documents in plain language will be less precise F plain language will become compulsory T legalese will disappear from legal documents F

TEXT 2 1. What were people afraid of before introducing plain English into legal documents? 2. Describe examples how plain English increases law firms profits. 3. Which strategies have been implemented to support the Plain English Movement? 4. How is accuracy and precision preserved in plain English texts?

Legalese Hereinunder Aforementioned Hitherto Thereof thereupon Inter alia henceforth Plain Language

Legalese Plain Language Hereinunder below Aforementioned above Hitherto with/attached Thereof of thereupon then Inter alia among other things henceforth from now on

for the reason that. . . because/for the applicant bears the burden on proving. . at that moment in time. . . in combination with … it is possible that she will be able to … it is a requirement to establish sufficient evidence to show …. in the absence of. . . acquire knowledge … as a consequence of. . . it is apparent that. . .

the applicant bears the burden on proving. . the applicant proves at that moment in time. . . then in combination with … and it is possible that she will be able to… she may it is a requirement to establish sufficient evidence to show …. they must prove in the absence of. . . without/absent acquire knowledge … learn as a consequence of. . . because of it is apparent that. . . clearly

give (someone) a legal right T L E N I E T keep away from I A O D V exclude T E I L E I M A N make certain that (something) will occur NESEUR make something known to others V A E L E R provide a substitute for P L R E A E C

give (someone) a legal right entitle keep away from avoid exclude eliminate make certain that (something) will occur ensure make something known to others reveal provide a substitute for replace

James didn’t want to go to court, so the solicitor advised him what to do to avoid _____ the trial. The court ruled in favour of the claimants, entitled they were ______ to a remedy. The prosecutor was successful in proving revealed the guilt; his evidence ______ that the defendant had been involved in the robbery. Sarah is looking for a lawyer, her defence replaced counsel needs to be _______ because of serious illness.