New_Method

A call to the Bar

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 school leavers 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 UK and the USA.

11. Read the text and say whether legal education in your country is more similar to the UK or the US model.

Studying law in the UK

In the UK, a legal education usually begins with the completion of a bachelor degree in law, known as an LLB, which usually takes three years. In the subsequent vocational stage, a person who wishes to become a : barrister joins one of the Inns of Court before beginning the Bar Vocational Course. The completion of this stage is marked by a ceremony referred to as the call to the Bar. A third stage, known as pupillage, is a year-long apprenticeship, usually at a set of barristers' chambers, which customarily consists of groups of 20— 60 barristers. Similarly, a person wishing to become a solicitor must also complete three stages: the first stage involves gaining a law degree; the second stage requires passing a one-year Legal Practice Course (LPC); and the final stage entails working for two years as a trainee solicitor with a firm of solicitors or in the legal department of a local authority or large company.

Studying law in the USA

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

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Vocabulary 3

barrister - адвокат, выступающий в высших судах attorney – юрист, адвокат, поверенный (в суде)

in-house counsel – консультант, поверенный в делах корпорации solicitor – солиситор, стряпчий

the Bar – адвокатура, коллегия адвокатов

to disbar – лишить права адвокатской практики LLB – звание солиситора

Inns of Court – один из четырех адвокатских объединений, к которому необходимо принадлежать каждому адвокату

Bar Vocational Course – курс обучения (по окончании юридического факультета) на получение квалификации адвоката

call to the Bar – принять в коллегию адвокатов

pupilage – один год адвокатской практики по окончании курса Bar Vocational Course

barristers’ chambers – группа адвокатов, офисы адвокатов a trainee - стажер

juris doctor (J.D.) – юридическое звание

bar examination – письменный экзамен на присвоение квалификации, дающей право вести юридическую практику

Using exercises 9-11 write down the English for the following phrases

1.В американских фильмах часто бывает показана карьера успешного юриста, легко выигрывающего дела в суде против крупных корпораций.

2.Быть поверенным в делах корпорации непростая работа для юриста.

3.Я решил стать стряпчим, так как для меня представляет интерес проводить исследования и давать юридические советы и справки.

4.В Великобритании юридическое образование начинается с прохождения 3-х летнего курса обучения и получения степени бакалавра.

5.Человек, желающий стать адвокатом, выступающим в высших судах, должен вступить в один из 4-х адвокатских объединений до получения квалификации адвоката.

6.Третья ступень включает в себя один год адвокатской практики в одной из адвокатских контор, в которой обычно работают от 20 до 60 адвокатов.

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What is important when choosing a legal profession? Ground your opinion.

-studying at a prestigious University

-aspirations

-salary

-premises

-abilities

-age

-demand

-talent

-?

A lawyer’s curriculum vitae

12. Read the following CV (curriculum vitae) of a young British lawyer and answer these questions.

1 Where did he work in summer 2002?

2 What languages does he speak?

3 Where did he complete his first degree?

4 What was his main duty at the European Commission? 5 What is he doing now?

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Law firm structure

13.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?

14.Listen again and complete this organigram of the firm using the words in

the box.

Speaking. Describing a law firm

15.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 for …

…is/are in charge of … …report to …

16.Describe the structure of a law firm with which you are familiar or the one just described . Refer to the positions and duties of the personnel.

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Practice Areas

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

Speaker 1 ...

1.has a few years' working experience.

2.works as a clerk at a mid-size commercial law firm.

3.will get to know other departments of the firm.

4.meets with clients regularly.

5.plans to specialise in commercial litigation.

Speaker 2 ...

1.is a sole practitioner.

2.works in the area of employment law.

3.deals with wage disputes.

4.represents clients in mediation.

5.has many clients who are small businesses.

Speaker 3 ...

1.works in the area of secured transactions.

2.carries out trade-mark registrations.

3.assists clients who are in artistic professions.

4.serves as an expert witness in court.

5.is a partner in a large IP firm.

Speaker 4 ...

1.is a senior partner in a mid-size law firm.

2.specialises in competition law.

3.represents clients before the employment tribunal.

4.deals with infringements of the Competition Act.

5.has clients 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.

18. 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?

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Law Firm Culture

19. 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?

20. 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?

21. 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 advantages

22. 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?

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II. Company Law. Company formation

Lawyers play important roles in the formation of a company, advising clients which entities are most suited to their needs and ensuring that the proper documents are duly filed.

You are going to hear a conversation between an American lawyer, Ms Norris, and her client, Mr O'Hara. The lawyer describes how a specific type of corporation is formed in the state of Delaware.

23.Listen to the conversation and tick the documents required for formation that the lawyer mentions.

1.DBA filing

2.articles of incorporation

3.stock ledger

4.general partnership agreement

5.stock certificates

6.IRS & State S Corporation election

7.bylaws

8.organisational board resolutions

24.Company types (USA) Look at the following table, which provides information on the documents required to form and operate the different company types in the United States. Based on what you heard in Exercise 4, which type of business association was the lawyer discussing with her client?

Forming a business in the UK

You will hear a dialogue in which a lawyer, Mr Larsen, discusses some of the characteristics of two business entities with Mr Wiseberg, a client who is interested in forming a company in the UK.

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25.Listen to the phone conversation and tick the two company types the men are discussing.

1.sole proprietor

2.UK limited partnership

3.UK private company limited by shares

4.UK private company limited by guarantee

5.UK public limited company

6.US C corporation

7.US S corporation

26.Listen again and decide whether these statements are true or false.

1. The client has not yet decided what type of company he wants to form. 2. The client has never founded a company before.

3. The lawyer points out that the two types of company differ with regard to the matter of personal liability.

4. The shares of a US C corporation can be freely traded on a stock exchange. 5. Both company types mentioned by the lawyer can be formed by a person who is a citizen of another country.

6.The UK company type discussed places a restriction on the number of people permitted to buy shares in the company.

7.The fastest way to form a company is to submit the documents directly to Companies House.

27. Complete the sentences below using the phrases a - f.

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