Glossary
lenient – снисходительный (к подсудимому)
a Not Guilty Plea – заявление подсудимого о непризнании себя виновным
to increase – увеличить
to decrease – снижать
the level of seriousness – степень тяжести
on bail – на поруки
genuine remorse – искреннее раскаяние
custody – задержание; лишение свободы; содержание под стражей; тюремное заключение
the Probation Service – служба пробации
reduction – снижение
Task 1. Render the text.
Text 5
Roles and functions of a notary public in the uk
1. What are Notaries or Notaries Public? A Notary Public is an officer of the law whose function is somewhat like an international justice of the peace.
2. What is a Notarial Act? A "Notarial Act" is anything undertaken by a Notary Public (including witnessing signatures* to documents) in their capacity* as a Notary.
3. What is the most common function that a Notary undertakes? The most common function they undertake is to notarise documents, or complete Notarial Certificates of documents that are required in foreign countries.
4. Why does a Notary have a Notarial Seal? Each Notary Public has an official Notarial Seal. This seal is in a form that is unique to each Notary. The Notarial Seal is used by the Notary in completing the notarising (execution, witnessing or certification) of documents.
5. What does a Notary Public have capacity to do? A Notary Public has the legal capacity to:
(a) attest deeds, contracts and other instruments that are to be used in most countries;
(b) give a "Certificate of Due Execution" of documents. This Certificate, if duly authenticated by the Notary's signature and official Notarial Seal, is accepted in all countries where Notarial Acts are recognised, as proof of the acts done in the Notary's presence and attested by the Notary;
(c) draw up "Ship's protests" or other formal papers relating to occurrences on ship's voyages and navigation of ships as well as the carriage of cargo* in ships; and
(d) attest some other documents under specific legislation for use in the States and Territories. 6. Does a Notary keep records? A Notary Public is required to keep and maintain a Notarial Register of all Notarial Acts.
7. Does a Notary charge for their services? A Notary is entitled to, and usually does, charge fees* for undertaking all Notarial Acts. There is no set charges or fees. Notaries usually charge at rates equivalent to their usual hourly commercial charge for the time involved.
P.S. Information on Notarial Documents
If you would like a document notarised, or if you need a Notarial Certificate, these are available by making an appointment at the notary’s office.
Glossary
signature – подпись, роспись
capacity – правоспособность; компетенция
archbishop – архиепископ
senior – старший
cargo – груз
to charge fees – взымать плату
Listening Comprehension
Task 1.
Part I
Pre-listening activities
Be sure that you know the meanings of the following words and word phrases before listening to the interview with the solicitor.
'O′ and 'A' levels, the GCSE exams, a law degree, the Law Society, conveyancing, employment law, contract law, the sale of goods, consumer affairs and company law, an articled clerk, the amount of solicitor's fees, the drawing up of wills, to be competitive within the market place
B. Listen to the interview with the solicitor and fill in the blanks.
Interviewer(I): First of all, could you tell us exactly what your job is and how you obtained your qualifications?
Solicitor(S): Yes, of course. Well, I'm a 1)… in private practice, quite a small practice as it happens. I left 2)… after doing my 'O′ and 'A' levels.
I: The GCE exams.
S: That's right. They're now called the GCSE 3)…, I think. And then, with those behind me, I was able to get into 4)… and take a law degree. From there, I went to a 5)… … and studied for my solicitor's exams.
I: The exams set by the 6)… … .
S: Yes. You take 7)… or 8)… special subjects for the 9)…. In my case, it was conveyancing, employment law 10)...
I: Sorry, could you explain conveyancing?
S: Yes, well, that means everything involved in the sale of land, house conveyancing, estate developments, and so on.
I: Oh, right.
S: I also specialised in 11)… law, 12)… …, the sale of goods, consumer affairs and 13)… … .
I: Not criminal law?
S: No. Not in my case. Anyway, that had been covered to some extent in my university course.
I: I see. And then you were articled, is that right?
S: Yes, you spend 14)… … articled to a solicitor. It's often called 'sitting with Nelly′.
I: Sitting with Nelly? Nelly being the solicitor?
S: That′s right. I have an articled clerk myself at the moment. He sits with me, watches what I do; we very often discuss the 15)…, and he goes and looks at certain points for me...
I: So, you're 'Nelly'.
S: Yes, that's right.
I: And that hasn't changed since you yourself qualified.
S: No, that hasn't changed at all. Neither has the level of pay for the 16)… … .
I: It's very low, is it?
S: I think you could say that, yes. And I know my articled clerk would agree!
I: But the 17)… itself is changing, isn't it? I mean, there have been quite a lot of developments recently.
S: Oh, yes, indeed. One could say that, for the solicitor, the law is becoming less of a 18)… and more of a business. One has to take 19)… considerations into account much more than in the past. The public, quite rightly, are now questioning the amount of solicitor's 20)…, and want an estimate of costs before going to 21)…. And, in the case of conveyancing, we have to be particularly aware of asking the right price for our services. You have to realise that house conveyancing is really the 22)… and 23)… of a solicitor's business, along with the drawing up of 24)… . Up to a few years ago, we used to have the monopoly on 25)… . But now, building societies, who have their own legal departments, are also authorised to deal with this, so our prices have to be 26)… within the market place.
C. Listen to the interview again and be ready to discuss the following points
• Qualifications
• Fields of specialization
• 'Sitting with Nelly′ or being an articled clerk
• The law is becoming less of a profession and more of a business
Part II
Pre-listening activities
Be sure that you know the meanings of the following words and word phrases before listening to the second part of the interview with the solicitor.
layman, enter pupillage, to get tenancy, gown, advocacy
B. Listen to the second part of the interview with the solicitor and fill in the blanks.
I: Hm. Could you say a little bit about the differences between being a 1)… and a 2)…?
S: Well, as you know, they are two different areas of the 3)… …. Having qualified – having obtained a 4)… … – you then either go down the avenue towards becoming a barrister or train to 5)… … … . The solicitor is the one who has personal contact with the public. If you have a 6)… … problem you go into the High Street where you find a 7)… … and you approach him as one would an ordinary family 8)….
I: Rather than go to a specialist …
S: Exactly. A solicitor's practice deals with all aspects of the 10)… on a general basis, whereas the barrister is a sort of 11)…. At the present time, a solicitor only 12)… … in the lower 13)…. When it comes to Crown Court or High Court cases, the barristers have almost a monopoly. They are the people who appear in front of the 14)… . Solicitors do not.
I: Almost a monopoly?
S: Yes, there are now advocate solicitors – a relatively 15)… … – who have the right to appear in Crown 16)… or High Court 17)… .
I: And more changes are on the way, aren't they?
S: Yes. It's generally accepted that there will soon be more 18)… whereby solicitors will be allowed to appear in 19)… … .
I: So, as things stand at the moment, if a member of the public – a layman – wants to contact a barrister directly 20)...
S: He can't. 21)… cannot as yet be approached by the general public. So you go to a 22)… and then, if you need representation in a 23)… …, you normally go to barrister's chambers accompanied by 24)… … . Of course, a solicitor can contact a barrister directly for, for example, a written opinion on some complex question of 25)…. But for the general public, it's rather like going to a 26)… after seeing your G.P. (i.e. general practitioner) However, this system is gradually breaking down and, with the 27)… …, things will 28)… considerably.
I: Don't barristers see this 29)… … as a threat?
S: Well, yes, many barristers certainly do. But, as a 30)…, I'm bound to say that I think it's a move in the 31)… ….
I: And how will this affect you and your 32)…?
S: Well, as I said, we're a small practice. But we're looking to expand. And one way of doing so is in the fusion of the 33)… …. The small practices – especially the one-man solicitor outfits – are disappearing. Practices are becoming multi-disciplined; when you go into a 34)… …, there is a specialist in each individual 35)…. And eventually we will have barristers within the practice as specialists in their own field.
I: How, in fact, is a barrister's training 36)… … a solicitor's?
S: Well, like a solicitor, you would sit professional 37)… and then enter pupillage, the barrister's equivalent to articled clerkship, except that it only lasts for a 38)…. You would be attached to a barrister's chambers under a master and there you learn your trade with him.
I: When is a barrister called to the Bar?
S: Oh, this happens before the term of pupillage.
I: So, being called to the Bar doesn't mean setting up as a 39)….
S: No, no. You are called to the Bar by one of the Inns of Court when you 40)… … … . Then, after your year's pupillage, you hope to get tenancy which means, literally, being given an office in the chambers where you have been a 41)… . It's when you get tenancy that you become a 42)… .
I: And are there, shall we say, grades of barrister?
S: Well, there are Q.C.s – Queen's Counsels – who, in order to become this, have to 'take silk'.
I: Which means?
S: Well, it means in effect that they are promoted. But it's their own 43)… . It's not 44)… that they have earned in any way. They decide to 'take silk' themselves. The gown that Q.C.s wear 45)… … is made of silk, hence the expression.
I: And what's the difference between a Q.C. and an ordinary 46)…?
S: Well, as Q.C.s they concentrate completely on 47)… .
I: You mean they don't do anything else except 48)… … in 49)…?
S: Basically, 50)… . All the preparatory 51)… is done by their seconds. And being a Q.C. is often a stop on the way to becoming a 52)….
I: And have you ever had any 53)… to become a 54)…?
S: Oh, good heavens 55)…. If I’d any ambition in that direction, I’d have become a 56)…. No, in the present system, I think, I’ve chosen the right direction. I have direct 57)… with 58)… … and I get enormous satisfaction from giving them the 59)… … I can provide as their solicitor.
C. Listen to the second part of the interview again and be ready to discuss the following points
Differences between being a barrister and a solicitor
Advocate solicitors – a relatively new profession
Approaching changes in accordance with the new legislation
Differences between a barrister’s training and a solicitor's training
Levels of barristers
D. Listen to both parts of the interview with the solicitor and decide if the following statements are true or false. Give reasons for your answers.
1. The solicitor being interviewed did not study criminal law for his Law Society exams.
2. A trainee solicitor is articled for a period of up to two years.
3. The period of articled clerkship is not well paid.
4. A solicitor can be compared to a general practitioner (GP) because he deals with all aspects of the law.
5. A solicitor has right of audience in the lower courts.
6. A client approaches a barrister directly.
7. Barristers have an exclusive monopoly of the right of audience in the higher courts.
8. Many barristers don't appreciate the coming changes in legislation.
9. Pupillage is a barrister's equivalent of an articled clerkship.
10. A trainee barrister is called to the Bar after his year's pupillage.
11. A pupil is attached to chambers and is trained by a 'master' barrister.
12. Taking silk' is the way in which the Law Society promotes barristers to being Queen's Counsel.
13. The solicitor on tape would have liked to be a barrister.
E. Guided summary
Fill in the blanks in the following text to obtain a summary of what you have heard on the tape.
The most common way to enter the legal profession is to take a first (1)... in law and then to specialise either as a (2)... or a (3)... . If a person chooses the former career, he will have to pass examinations approved by the (4)... and then remain for (5)... years as an (6)... .This means that he will work with a qualified solicitor who will train him and, (7)... he (8)... is paid, he acquires valuable practical experience.
A solicitor's work is very varied - from 'bread and butter' tasks like (9)... or (10)... up wills to defending his client in person in the (11)... courts. The basic difference between a solicitor and a barrister is similar to that between a general practitioner (family doctor) and a (12)... .The public has contact only with a (13) ... . A layman cannot go to a barrister's (14)... without being accompanied by a (15)..., (though there are signs that this system is gradually breaking down). A solicitor may also ask a (16)... for a written (17)... on a complex legal question.
A barrister has an almost exclusive (18)... in the (19)... courts. After being (20) ... (which refers to being admitted to the profession by one of the (21)...), he or she has to undergo a period of (22)... (the equivalent of an (23)... except that it lasts for only (24)...), where he is attached to (25)... and trained by a (26)... barrister. Later on, a barrister may decide to (27) ' ... ', i.e. become a (28) ... . Such barristers wear (29)… gowns, and the fact that they have (30) … who prepare proceedings for them allows them to concentrate exclusively on (31)… .
Task 2.
Pre-listening word check
Be sure that you know the meanings of the following words and word phrases before listening to the interview with Janet Stephenson, the Bar Chairman.
Agenda, radical proposals, taxation, to tax lawyers, to earn fees, publicly-funded work, at each other's throats, to change the image of the barrister, a pin-stripe suit and a bowler hat, decadent, to be more financially rewarding, to uphold certain traditions, cost effective, wigs
B. Listen to the interview with Janet Stephenson, the new Bar Chairman and fill in the blanks.
Interviewer (I): Today I'm talking to 1)… …, the new 2)… ... . Now, Janet, you have a year in office. How do you intend to use that year? What is the most 3)… … on your agenda?
Janet (J): Well, there are a number of very 4)… proposals being put forward by the 5)… which will have an enormous effect both on members of the Bar and on small firms of 6)… .
I: Like what, for example?
J: Well, notably the proposals concerning taxation changes. They will have a dramatic effect on the entire 7)… … .
I: In what way exactly?
J: Well, the government wants to 8)… … according to when they earn their fees rather than when they receive them. This poses an enormous problem for both 9)… and 10)…, particularly small firms of solicitors doing publicly-funded work.
I: So, for once, 11)… and 12)… won't be at each other's throats.
J: I don't think that's a very fair comment. We do have our differences, it's true - particularly when Lord Mackay reformed the rights of audience - but, in this particular case, when solicitors will be as badly hit as we are, we have good cause to join forces with the Law Society.
I: You are not what one might call a typical 13)… …, are you? Your background, the fact that you are a woman...
J: That's true, yes, and I hope to be able to 14)… the image of the 15)… a little. People don't realise how lucky they are with the 16)… … in this country, and yet the man-in-the-street still has this image of the barrister as very 17)…, male, middle-class, wearing a pin-stripe suit and a bowler hat. And it doesn't help when the media continue to 18)… this stereotype. They seem to derive some sort of pleasure from stirring up public opinion against us.
I: Why do you think that is?
J: Well, they have this idea that we are privileged, overpaid and generally rather decadent, I think. They attack us rather as they like to 19)… the monarchy from time to time.
I: And you don't think this image is justified?
J: Not at all. You mentioned my background. I come from a very ordinary background, I had a grammar school 20)…, and I wouldn't say that I'm 21)…!
I: Is that because you work in 22)… cases and not commercial ones?
J: To a degree, yes. I think it's fair to say that criminal 23)… are the poor relations.
I: And it's the commercial lawyers who rake it in.
J: Let's say that their briefs can be more financially rewarding.
I: So you wouldn't say you are as conservative as previous Bar Chairmen?
J: It depends. In many ways no, but I do want to uphold certain traditions.
I: Like keeping 24)… out of the 25)… …?
J: No, not at all. I am not opposed to greater numbers of 26)… advocates in the higher 27)… if they are adequately qualified, but I do believe that the pressures and economics of running a solicitor's office will usually make it preferable to use specialist advocates. And, unless you are one of the big firms of solicitors, barristers are very cost effective. 28)… … of solicitors in Exeter or somewhere can get the best quality of advocacy at a very reasonable price. It's not worth the while of most fully-qualified solicitors to 29)… to 30)…, with all the delays and hanging about and the rest of it.
I: I gather you are also rather conservative when it comes to wigs.
J: Yes. I just feel that wigs make us anonymous, rather like a 31)… … . And they help to define the various roles in 32)… .
C. Listen to the interview again and be ready to discuss the following points
• Taxation
• Relations between solicitors and barristers
• The barrister's image
• Upholding certain traditions
Task 3.
Part I
A. Follow the first part of an interview with an American lawyer. She is talking about the legal system in her country. Please note that the points made reflect her personal views, and may differ from other lawyers' points of view.
Interviewer (I): How do the American legal professions differ from the British ones?
Lawyer (L): Well, to begin with, there are fewer distinctions. Of course, for someone going into a legal profession, there are several careers to choose from: legal secretaries, clerks of courts - the civil servants' of the legal system
I: Ah, You say 'clerk' [kl:k] not 'clerk' [kla:k]
L: Yes, that's right. But I think our clerks [kl:ks] are much the same as your clerks [kla:ks].
I: And if you choose to be a lawyer?
L: Well, you go to law school - it's a 3-year degree following a Master’s degree.
I: So you can't take a Bachelor’s degree in law?
L: You can, but it's more of a general studies course. You don't really do much law.
I: And is there a bar exam?
L: Oh yes. You take that in the State of your choice. This is where federalism comes into play. You see, although some states have reciprocal agreements which allow lawyers from other states to practise there, there are still quite a lot of interstate restrictions. One state, for example, Lousiana, still uses Napoleonic Law and not standard American law as a basis for its Bar exams!
I: So, how do would-be lawyers choose their State?
L: Well, if you want to practise in the private sector, you go for interviews with private law firms - maybe firms dealing with corporate law or criminal law or whatever you wish to specialise in. The firms could be anywhere in the States. So, if a firm is interested in you, they fly you out to the State in question and you take your Bar exams there.
I: And what if you want to work within the state system? What openings are there?
L: Well, to start with, working in the state system is considered to be a very humanitarian thing to do. You get paid a good deal less than in the private sector. You're hired by a city, a state or by the national government to represent people who can't afford an ordinary lawyer. This is called the Legal Aid system.
I: Do people have to have a lawyer to plead for them in court?
L: No, not in the minor courts. Every American has the right to plead his or her own case. Sometimes, law students can get certificates to help people in minor cases, but it's not too common.
I: And I suppose you can be hired on the other side of the fence - to plead for the government or the local administration.
L: Yes. Once you've become a lawyer, you may be appointed to be a general prosecutor. In this case, you are called on to prosecute in all sorts of cases. Then you can be appointed or voted into judgeships.
I: You mean some judges are appointed and others elected? How does this work?
L: Well, it's rather complicated. For example, judges in appellate courts are appointed by the Governor of the State whereas local judges in small towns are often elected.
I: So, there is an election campaign - with posters and so on...
L: That's right.
I: I must say that seems strange to us over here.
L: Well, it's even strange to us sometimes!
B. Answer the following questions.
1. What is the first difference between the British and American legal professions as mentioned by the lawyer?
2. Which word do the two speakers not agree on, and how does the lawyer define it?
3. Why is it not very useful for a prospective lawyer to take a bachelor's degree in law in the United States?
4. What is meant by the statement: «This is where federalism comes into play»?
5. What is odd about the State of Louisiana?
6. How do would-be lawyers go about getting a job in the private sector?
7. What is the attitude of people to those working in the state system and why?
8. Who can plead in the minor courts?
9. How does a lawyer become a judge?
10. What surprises the English interviewer?
Part II
A. Before doing listening comprehension task be sure you are familiar with the following words:
malpractice - противозаконное действие; злодеяние, должностное преступление;
obstetrician - акушер, акушерка
Listen to the second part of the conversation and complete the text.
interviewer (I): What about the public's attitude to lawyers? In Britain they have a reputation for being a somewhat elitist profession, bound up in jargon and tradition...
lawyer (L): I think our lawyers have quite a different reputation. Rightly or wrongly, they are associated more closely with money than with anything else. I think this comes from the fact that America has become an unreasonably (1)... society. People will sue for (2)… at the drop of a hat. I expect you've heard the joke that wherever you see ambulance driving away from a traffic accident, you'll see a lawyer.
I: To look after his client's (3)…?
l: Well, first of all to propose his or her services, and then to (4)... … a maximum of damages either from the person responsible for the accident or from the hospital.
i: From the hospital?
l: Oh yes. In fact, there's a great deal of tension right now between the medical and (5)... professions because of the number of cases involving malpractice. Did you know, for example, that in the States an obstetrician can be held responsible for any problems a child has up to age of 21?
i: Good heavens!
l: So, if anything happens to a human being under 21, they have the right to (6)... … malpractice.
i: It's surprising anyone would want to be an obstetrician these days!
l: Exactly. So what happens is, doctors (7)… themselves against malpractice. When you're talking about the possibility of a million dollar (8)... , malpractice insurance comes very expensive, so doctors raise their (9)... .
i: And does this have much effect on the doctors' own judgment? On what sort of operation they will or won't do?
l: Certainly. In the operating room, doctors now make decisions based on (10)... … . If the operation involves considerable risks, they will often prefer not to take the risks, or else they might find themselves in court!
i: And what about the government's attitude to this?
l: At the present time, the trend is towards (11)... .There's a great fear of there being too strong a national or (12)... government. This was the Reagan banner of the eighties: back to (13)... !