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PARTII: A CAREERIN THELAW


ning 2:
20 ..:;: Several different words can be used to refer to a lawyer. Listen to three
law students in the UK talking about the kind of work they would like to do
when they have completed their law studies. Write the correct word for lawyer
in the gaps.

Anna:
Daniel:
Anna:
Jacob:

21 Discuss these questions.


1 Does your native language have more than one word for lawyer? Do they
correspond to the different English words for lawyer mentioned above?
If not, how do the concepts differ?
2 What is each type of legal practitioner in your jurisdiction entitled to do?
3 What English term do you use to describe your job or the job you would like
to do?
22 a Combine the nouns in the box with the verbs below to make combinations to
describe the work lawyers do. Some of the verbs go with more than one noun.
cases
disputes

clients

contracts

law

legislation

corporations

decisions

defendants

1 advise
2 draft
3
4
5
6

litigate
practise
represent
research

b Choose three 'verb + noun' pairs from above and write sentences using
them.
23 Choose the words from the box which can be combined with the word lawyer to
describe different types of lawyer. Say what each one does.
bar
corporate
defence
public-sector
sole
tax

government
trial

patent

practitioner

on:

In English-speaking countries, the Bar is a term for the legal profession itself, while a bar
association is the association which regulates the profession. A person who qualifies to
practise law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him
or her unable to practise law.
The following text is an excerpt from a guide written for schoolleavers about courses of
study in English-speaking countries. This section of the guide deals with the study of law
and the requirements for entering the legal profession in the UKand the USA.
24 Read the text and say whether legal education in your country is more similar
to the UK or the US model.

a
~

as

ata set of barristers'


of grollPs 020+60 barristers.
l solicitor must also complete
ga~I1iI1ga law degree; the second stage
Practice Course (LPC); and the final
as a trainee solicitor with a firm of
of a local authority or large company.

Studying

law in the USA

the
a legal education comprises four years of undergraduate study
followed by three
of law school. A law-school graduate receives the
degree of juris doctor G.D.). In order to qualifY as a lawyer, a lawschool graduate must pass the bar examination.

25 Find terms with the word bar in the introduction to this section and in the text
above which match these definitions.
1 a lawyer who is qualified to plead on behalf of clients
2 in the UK, a training course which enables people who wish to become
barristers and who have registered with the Inns of Court to acquire the
skills and knowledge to prepare them for the specialised training of the
pupillage
3 a ceremony held at the end of this training course, when a candidate enters
the profession
4 organisation regulating the legal profession
5 in the USA, an important test taken by law-school graduates which, when
passed, qualifies a person to practise law
6 granted entrance to the legal profession
7 to compel a lawyer to stop practising law due to an offence committed
Unit 1 The practice of law

c
26 Read the following CV (curriculum vitae)1 of a young British lawyer and answer these questions.
1
2
3
4
5

Where did he work in summer 2002?


What languages does he speak?
Where did he complete his first degree?
What was his main duty at the European Commission?
What is he doing now?

Nationality: British
Date of birth: 12 May 1982

EDUCATION

2000-2004

2DD2-2003

Universite Paris X, Paris, France


DEUG (French law degree), Nanterre
Part of the degree programme at University of Essex included an intensive
course in French. Among subjects studied: European Community Law,
Information Law, Civil Law and Penal Law

LEGALWORK EXPERIENCE
June 2004February 2005

Europeat\Co1.llmissioll, Brussels, Belgium


Legal Assistant witl1in the LegalDepartrnent
ofthe Service Commtine Relex
(SCR).Drafting opip.ions in EngliSl1 and French dealing with contracts awarded
for projects

Summers
2001 2004

G. R. Foster & Co. Solicitors, Cambridge, UK


Liaison with clients; conductil1gresearch into multiple legal areas,
including family law, tort law and contracts; assisting with trial preparation
Westlake Chambers, Bath, UK
Mini-pupillage, involving shadowing a number of counsel; assisted in
daily activities

Summer 2000

SKILLS AND QUALIFICATIONS

Languages:

Native English speaker; fluent in French (written and spoken);


upper -intermediate Swedish

Computing:

Proficient in Word, Windows, email

Membership:

The Law Society

Strong researching and writing skills


INTERESTS
Skiing, French history, chess
References available upon request
1 (US) resume or resume

nlng 3:
27 .. ~ Linus Walker has applied for a position at a law firm. Listen to his job
interview and answer these questions.
1 What does Mr Nichols say about the atmosphere of the firm?
2 What does Linus say about the size of the firm?
28 .. ~ Listen again and complete this organigram of the firm using the words in
the box.
Associate

Full Partners

1)

3)

Mr Robertson

Paralegal

Real Property

Salaried Partner

, Mr Michaels
Senior Partners

Department
Salaried Partner

Debtor-Creditor Department
4) ................

'

Associate

Secretary

5)

Paralegal

6) ................

Associate

Paralegal

Associate

Paralegal
Associate

ng 3:

bing

29 Look at the following phrases used by Mr Nichols to describe the firm. Which
can be used to speak of a department or company, and which of a person?
Which can be used for both?

... is/are headed by...


... is/are assisted by ...
... is/are managed by...
... is/are

responsible

...

in charge

is/are

for
of

...

...

... report to ...


30 Using the phrases in Exercise 29, describe the structure of a law firm with
which you are familiar or the one just described in Listening 3. Refer to the
positions and duties of the personnel.
Unit 1 The practice of law

..
31

.. ~ Listen to five lawyers talking about their firms, practice areas and clients.
Tick the information you hear about each speaker.

Speaker 1 ...
1
2
3
4
5

has a few years' working experience.


works as a clerk at a mid-size commercial law firm.
will get to know other departments of the firm.
meets with clients regularly.
plans to specialise in commercial litigation.

Speaker 2 ...
1 is a sole practitioner.
2
3
4
5

works in the area of employment law.


deals with wage disputes.
represents clients in mediation.
has many clients who are small businesses.

Speaker 3 ...
1 works in the area of secured transactions.
2
3
4
5

carries out trade-mark registrations.


assists clients who are in artistic professions.
serves as an expert witness in court.
is a partner in a large IP firm.

Speaker 4 ...
1 is a senior
2 specialises
3 represents
4 deals with
5 has clients

partner in a mid-size law firm.


in competition law.
clients before the employment tribunal.
infringements of the Competition Act.
in the telecommunications sector.

Speaker 5 ...
1 owns shares in his firm.
2 argues cases in court.
3 works in the area of real property law.
4 represents landlords but not tenants.
5 teaches courses on litigation at the law university.

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

32 Discuss these questions.


1 Which kind of firm do you work in or would you like to work in?
2 Which areas of the law have you specialised in or would like to specialise in?

ni

5:

33 Read this excerpt from an article in a law-school newspaper about


law firm culture. Which type of firm would you prefer to work for? Why?

size. Law firms


from a one-person
practice (conducted

34 ..;:: Listen to Richard, a law student, talking to a group of first-year law students
at an orientation event at law school. He tells them about his experience as a
clerk in different law firms. Answer these questions.
1 Why do the professors encourage students to do work experience?
2 How long have Richard's clerkships generally lasted?
3 What is Richard's final piece of advice?
35 ..;:: Listen again and tick the advantages of small and large law firms Richard
mentions. In some cases, he says both types of firm have the same advantage.

36 Discuss these questions.


1 Do you have any experience working as a clerk in a law firm? In what ways
was it similar or different from Richard's experience?
2 What kinds of tasks and responsibilities do clerks in your firm have?
3 Do you agree with the way Richard characterises small and large law firms?

Unit 1
To improve your web-based research skills, visit www.cambridge.orgjeltjlegalenglish.click
Research Tasks and choose Task 1.

on

Unit 1 The practice of law

Unit 1A / Foundation

THE LEGAL PROFESSION


WORKING IN LAW
Exercise 1
Look at this list of legal occupations. All of these people work in law. We call all of the people who work
in these jobs, the legal profession. Match the jobs with one of the descriptions.

Solicitor

Attorney

Barrister

Lawyer

This person is a lawyer who gives legal advice and opinions to solicitors. He or she passed the
exams of the Bar Council of England & Wales at the end of his or her studies.

This person is a lawyer who gives legal advice to individuals and companies. He or she passed his
or her exams in the USA at the end of his or her studies and is usually a member of the American
Bar Association.

This person is a lawyer who gives legal advice to individuals and companies. He or she passed the
exams of the Law Society of England & Wales at the end of his or her studies.

This the general job title that we use for people who work as a solicitor, barrister or attorney.

Exercise 2
Read this text about working in law. The most important words are in the key vocabulary below. Decide if
the statements on the next page are true or false.
Key vocabulary
l

lawyer

practise

barristers

law firm

attorney

judge

training contract

acting for

qualified

legal practice

partnership

represent

litigation

advocacy

pleading a case

specialise

right of audience

appear

solicitors

clients

There are two types of lawyer who practise in


England. They are called barristers and solicitors.
In the USA and most other countries, lawyers dont
make this division a lawyer is simply known as an
attorney at law, or an attorney.
In both England and the USA, it is not possible to
take a special exam to be a judge. If you decide
that you want to be a judge, you must get a lot of
experience as a lawyer first, then apply to be a
judge and wait to see if you are chosen.
Most law students in England become solicitors.
When they finish their university studies they do a one
year legal practice course and then a two-year
training contract with a law firm. After that, they are
qualified solicitors. Many solicitors work for a legal
practice, which is usually a partnership of solicitors
Catherine Mason & Rosemary Atkins 2007

who work together. Solicitors practise in many areas


of law, although each solicitor usually chooses to
specialise in one particular area. They represent their
clients both in and out of court. We often describe
this as acting for a client. The process of making a
claim in the civil court is called litigation.
Barristers are self-employed lawyers and dont work
in partnerships in the way that solicitors do. They
are specialists in advocacy, which is the skill of
speaking for someone in court. We call this
pleading a case. They also give opinions on areas
of law to solicitors and the solicitors clients. It is
not just barristers who have the right of audience
in court solicitors are also allowed to represent
their clients in court and many solicitors appear in
court every day. It is not true to say that a client
always needs a barrister in court.
3

Unit 1A / Foundation

There are two types of lawyer practising in England.

 True

 False

Last year I finished my training contract and I started working for a


large international law firm. I am now a qualified lawyer.

 True

 False

Only barristers can speak on behalf of clients in court.

 True

 False

Many solicitors work together in partnerships but barristers dont.

 True

 False

In the USA and England lawyers can take a special exam to be a judge.

 True

 False

MAKING A CLAIM IN THE CIVIL COURT


In the English and American legal systems we divide the law into two main areas. These are criminal law
and civil law.
This means that everything that is not a criminal matter is a civil matter.

Exercise 1
Look at these situations and decide if the person needs a criminal lawyer or a civil lawyer.
In other words, is it a criminal matter or a civil matter?
a

Mr Bellerby is opening a new factory. He


needs to visit a lawyer to get a contract for
all of his employees to sign.


civil

Mrs Robson is thinking about what she wants


to happen to her house and possessions after
her death. She needs to visit a lawyer to get
the correct document, which is called a will.


criminal

criminal

civil

Mr Flynn owns a restaurant. He has a


contract with a company to deliver fruit and
vegetables to his restaurant. The company
didnt deliver them on the agreed date, so
Mr Flynn lost money because he could not
open his restaurant that day. Mr Flynn needs
to see a lawyer about asking the delivery
company to give him the money he lost.


civil

The police are taking Mr Dean to the police


station because they say he stole a car. He
needs a lawyer to come and visit him there
to tell him what to do.

Mr Allen is a bank manager. The bank is


saying that some money is missing. Mr Allen
has a new car and expensive clothes. The
police are coming to ask Mr Allen some
questions. He needs a lawyer immediately.

criminal

civil

criminal

criminal

civil

Help desk
What do these words mean?
criminal law the law that punishes acts
against a person or against property that people
consider to be harmful to the whole community.
The state prosecutes criminals.
civil law the law concerning the rights and
duties of private individuals and companies
rather than criminal matters.

a matter a subject or situation, e.g. a criminal


matter, a civil matter.
a will a legal document in which a person gives
details of what they want to happen to their
property after their death.
to steal (stole) to take something that belongs
to someone else with the intention of keeping it.

Catherine Mason & Rosemary Atkins 2007

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