Стирание граней между барристерами и солиситорами

Ex. 1.Complete the questions put by Mr Brown to his son using the Indefinite Tenses. Give possible answeres. Work in pairs.

- Well, my boy, 1) _______ you (to know) anything about the legal system of Great Britain?

- What 2) ______ (to be) almost unique about the English legal system?

- Where 3) ____ a person (to go) when he 4) ___ (to have) a legal problem?

- I wonder how many solicitors and barristers there 5) ___ (to be) in Britain.

- What kind of problems 6) _______ a solicitor 7) _____ (to deal with)?

- Who 8) _____ (to advise) you on legal matters of all kinds?

- How 9) _______ you (to qualify) as a solicitor?

- When 10) _______ a person (to start) a business of his own if he 11) _____ (to want) to work as a solicitor?

- What 12) _____ (to be) barristers experts in?

- What examinations 13) ______ a person (to take) to qualify as a barrister?

- 14) _______ barristers (to have) public offices in any streets? Where 15) ____ they (to work)?

- Who 16) _______ you usually (to ask) to appear for you and argue your case if the defence 17) _____ (to be) to be heard in a Magistrate Court and in a Higher Court?

- Who 18) _____ (to have) the title of Queen’s Counsel and who 19) _____ (to bestow) it?

- When 20) _______ the British government (to eliminate) the distinction between barristers and solicitors? Prove your idea.

If you 21) _____ (to give) the correct answers to all these questions, I 22) _____ (to be satisfied) with your studies at the College of Law. I want to be sure that the money our family 23) _____ (to spend) on your brain will not be spent in vain.

Ex. 2.Translate the sentences containing used to + infinitive, would + infinitive into Russian. Take into account their meaning:

1. Mr Bush used to investigate the most serious crimes when he was working as an investigator. 2. Those reading the law used to live in the chosen Inn of Court. 3. Attorneys or advocates used to spend their days milling about the courts. 4. For 600 years ordinary people rather than professional judiciary used to keep the judicial process for keeping the peace. 5. In the middle ages a King and later his Chancellor used to accept petitions for equitable relief. 6. Until the mid-18-th century teaching of law used to be academic rather than professional. 7. People would apply the term “solicitor” to an attorney appearing in Chancery Court. 8. The three Royal Courts would sit at Westminster even in the absence of the king. 9. Although the King’s courts did not replace directly old local courts, if overlapping jurisdiction existed, litigants would often prefer common law courts. 10. At one time solicitors were general practitioners who would refer to experts in particular fields of law.

Ex. 3. Combine two simple sentences into a complex one with the subordinate clause of time or condition:

Model: First he’ll gain some experience as a house counsel. Then he’ll start his own practice (when).

– He’ll start his own practice when he gains some experience.

1. You must prove the guilt of the suspect. You will win the case. (if)

2. First you must spend two years as an articled clerk. Then you’ll become a solicitor. (after)

3. The attorney will prepare the necessary documents. He’ll send the copy to the client. (as soon as)

4. “Sir, you do not know it to be good or bad. Only the judge can determine it”. (till)

5. Please, don’t touch anything. The police will be here in no time. (before)

6. The counsel will not preserve the client’s confidence. He discloses his secrets. (if)

7. He will succeed, I think. He devotes much time to the development of his own practice. (in case)

8. He studies well. His legal education will probably last about five years. (providing).

Ex. 4.Use either the Present Continuous or the Present Simple:

1. – I am very busy now. I ______ (to prepare) the documents on a very difficult case.

– ______ (you /to do) it alone?

– No, two managing clerks _____ (to help) me.

2. A solicitor ______ (to deal) with matters outside the court.

3. The Law Society _____ (to regulate) the conduct of solicitors in England.

4. What kind of law (you/to practise)?

5. – What (the attorney/ to do) at present? – He _______ (to study) the particulars of the case.

6. I (not to believe) your evidence! You ______ (to lie)!

7. Legal service costs _______ (to increase) permanently due to inflation.

8. Attorney rarely _______ (to discuss) with their clients the possibility of losing the case.

9. (You/to know) what conveyancing (to mean)? – Conveyancing _______ (to mean) making all the legal arrangements for the buying and selling of land, houses and other buildings.

10. Probate (to be) a type of work a lawyer _______ (to do) that (to deal) with making a will for a client who, when he/she _______ (to die), _______ (to wish) to leave his/her property to certain persons or charities and making sure that his/her wishes are carried out.

11. The lawyer _____ (to serve) effectively as an advocate only if he ____ (to know) all that his client ____ (to know), concerning the facts of the case.

12. (You/ to know) if the number of lawyers _______ (to increase) or _______ (to decrease) in the country nowadays?

Ex. 5.These are Jane’s notes for Monday. Say, what her plans are using the Present Continuous:

Model: 9 a.m., Monday. The lecture on criminal law. (attend)

She is attending the lecture on criminal law.

Ex. 6.Insert the proper forms to express the future actions:

1. The Government has been in the past and _____ in the future a major consumer of legal talent (to be). 2. This argument _____ the judge (not/to convince). 3. I don’t trust this juror. I _____ him (to challenge). 4. He’s a practitioner with long experience. I am sure he ______ the case (to win). 5. Jack is in trouble and needs a legal backing. – I know. I ______ his matter tomorrow (to discuss). 6. I’ve decided to retire from the Federal Agency. – Have you? What _____ you (to do)? 7. Did you send him a summons? – Oh, I’m sorry. I completely forgot. I ____ it now (to do). 8. Can I get your opinion on the case today? – No, you _______ it tomorrow (to get). 9. What you ______ (to do) at 11 tomorrow? – We ______ (to have) a seminar on civil law at this time. 10. In the afternoon I ______ (to take part) in some preliminary investigation.

Ex. 7.Make up sentences in the Present Perfect using the given verbs. Mind the words of time indication:

1. Hello, Ann. I (not to see) you for ages. Where you (to be) all this time? – I just (to come back) from England.

2. Much (to happen) in the science of law during the past decades.

3. Both common law and civil law schools (to find) a better balance between theory and practice lately.

4. Civil law faculties (to recognize) the importance of practical work.

5. Legal education (to become) less general and more professional in recent years.

6. In the latest publications there (to be) considerable pressure for change in the legal profession in Britain.

7. A number of law faculties (to institute) various reforms and experimental changes.

8. The shape of legal profession (to change) greatly and more and more solicitors specialize in only one or two fields of law.

9. A barrister is a lawyer who (to reach) a professional standard accepted by the Council of Legal Education.

10.Once a person (to pass) the law examinations of the Council he becomes a member of one of the four Inns of Court and is called to the Bar.

11.For centuries the Inns of Court (to be) the training institutions and professional societies for barristers.

Ex. 8. Make up questions with “How long?” and “When?” using the Present Perfect, the Past Indefinite or the Present Perfect Continuous.

Model: He is a judge.

How long has he been working as a judge?

When did he start working as a judge?

1. The University of Law trains lawyers for the country. 2. Common Law system applies the doctrine of precedent. 3. Common Law is the basis of the procedure. 4. I am investigating a computer theft. 5. The barrister is arguing his client’s case before the court. 6. Dr Smith gives lectures at the Law Department. 7. He is busy now. He is taking part in questioning.

Ex. 9.Answer the questions using the time indication words suggested in brackets; change the tense forms accordingly:

Model: ¾ When did you last speak to your advocate? (for ages)

— I haven’t spoken to him for ages.

1. When did he last investigate a murder? (for years)

2. When did the Bar last admit new members? (since June)

3. When did you last give evidence to the court? (for many years)

4. When did Steve Williams last violate the Rules of Professional Conduct? (for ages)

5. When did this attorney last lose a case? (in a long while)

6. When was this patrolman last on duty? (for the last few days)

7. When did you last deal with a common law action? (since last year).

Ex. 10. Mr Bruce, a retired policeman, came to see his former colleagues at the police station and found that many things were different. Complete the sentences using the verbs in brackets in the Past Perfect Tense.

Model: Some of his colleagues were no longer there. They (to retire).

– They had retired.

1. John Smith was no longer single. He (to marry) the secretary. 2. Their boss captain Johnson didn’t work there. He (to get) a promotion. 3. Bob Brown was dead. A criminal (to shoot) him. 4. Sam Jenkins got a promotion. He (to pass) a special exam and (to become) a detective. 5. His friend Bruce was no longer a failure. He (to disclose) several serious crimes. 6. Miss Green gave up working. She (to get married) and (to leave) the country.

Ex. 11.Use to be, there + be or to have in the correct form:

1. In most countries ____ only one legal profession. 2. This means that all lawyers ____ roughly the same professional education leading to the same legal qualification. 3. In England the system ______ different. 4. Solicitors and barristers ______ both qualified lawyers, but they ______ a different legal training, and once they ______ qualified they usually do different types of legal work. 5. This ______ why it is said that ______ two “branches” of the legal profession. 6. English lawyers ______ either solicitors or barristers. 7. They cannot ______ both at the same time, but it ______ possible for a solicitor to become a barrister and for a barrister to become a solicitor. 8. Legal executives ______ no rights of audience, but can appear in front of a judge on uncontested matters. 9. The legal profession as such ______ never been popular. 10. Indeed, the first thing revolutionaries usually do on seizing power ______ to overthrow the legal system, blaming it for all ills. 11. ______ rules of behaviour, codes of professional conduct, which provide that when lawyers ______ in court they must always ______ courteous to one another. 12. Many people who ______ legal problems ______ worried about going to a solicitor for advice because of legal fees they ______ to pay.

Ex. 12.Use the correct form of the verbs in the Active Voice.

1. Anyone who (to seek) the advice and help of a solicitor or a barrister is known as a client.

2. The lawyers never (to tell) one another the professional secrets of their side of the case and they must always try as hard as they can whether their professional opponents (to be) people they (to like) or (to dislike).

3. Not everybody (to have) anything to do with the law, and a lawyer who (to represent) defendants in criminal cases is often asked, “Why you (to defend) somebody if you (to know) he (to be) guilty”?

4. The answer (to be): anyone who is charged with the crime and who (to deny) being involved in it must have a fair trial.

5. If a person (to ask) to defend him, the lawyer (to use) all his knowledge and skill to present his client’s case in the best possible light.

6. The profession of a solicitor (to develop) over the past years. They (to act) as legal advisers and recorders of a case as it (to progress).

7. After hundreds of years, times (to change) now and specially qualified solicitor advocates (to appear) in the High Court and in the Crown Court.

8. In simple cases the solicitor usually (to leave) the barrister to get on with the case in court on his own; in more difficult cases, the solicitor (to sit) behind the barrister in court and (to assist) in the presentation of the case.

9. For centuries the Inns of Court (to be) the training institutions and professional societies for barristers.

10. Changes in the legal profession (to alter) their role substantially. In 1997 the Lord Chancellor (to make) the first appointment of some distinguished solicitors to become Queen’s Counsels.

11. In the next few years it is expected that the government (to press) the Bar Council to allow barristers to deal with the public directly.

12. – How long you (to prepare) for the case hearing?

– I (to begin) this work some days ago, and I hope that I (to do) everything by tomorrow.

Ex. 13. Translate into Russian paying attention to the emphatic constructions:

1. It was not until I sued on the breach of contract that my neighbour agreed to repay damage.

2. We have discussed the variant when parties don't sign any contract. Let's now consider what happens when they do sign a contract.

3. It is usually family members who are concerned with registering the death, paying the dead person's debts and tax liabilities and acquiring the property.

4. It is the writing with your signature on it which will be binding, not the oral promise made before the signing.

5. It is not unlikely that the reason for company winding up is its bankruptcy.

Ex. 14. Respond to the following by using emphatic constructions according to the models.

Model 1: Use “do, does, did”

I think this contract creates no legal obligations.

— Any contract ...

— Any contract does create legal obligations.

1. You have the right to enjoy good reputation if you deserve it.

— But I ...

2. I was not going to accept this offer.

— But you ...

3. He was not obligated to support Mrs. Brown's children.

— But he ...

4. He claims that Allison has no right under the contract.

— Actually Allison ...

5. It was very doubtful that the court would declare the contract void.

— The court ...

6. I think he may enter the contract of insurance.

— He really ...

7. As far as I know the owner of the goods didn't promise to pay Smith a commission.

— Actually he ...

Model 2: Use “It is … that”

English law has directly influenced the law of former British colonies.

It is English law that has directly influenced the law of former British colonies.

1. Usually the creator of the work owns a copyright.

2. In deciding what is reasonable an English court will refer to similar previous cases.

3. The welfare of children is the biggest concern of family law.

4. Mr. Jackson was ordered by the court to make financial provisions for his ex-wife and for their children.

5. Such mistakes could cost a buyer of land a lot of money.

6. The principles of tort and contract are particularly relevant to consumer matters.

7. Consumer laws imply certain terms into consumer agreements.

8. The children’s trustees will be the legal owners of their money and will have the right to invest it.

Model 3: Use “It was not until … that”

When did married women get equal property rights with men? – In 1935.

It was not until 1935 that married women got equal property rights with men.

1. When could the police take some actions? – When a trespasser committed a crime.

2. When was he allowed to make some copies? – When he paid.

3. When did the court issue a decree dissolving the marriage? – When the husband proved that his wife's mental illness was incurable.

4. When was the law on election passed? – It was only in the nineteenth century.

Ex. 15. Translate the sentences into English.

1. Много изменений произошло в профессии юриста за последнее десятилетие. 2. В настоящее время в Великобритании разделение обязанностей солиситора и барристера стало не таким строгим. 3. Солиситоры часто выступают не только в судах низшей инстанции, но и в высших судах. 4. Английские солиситоры добились значительного успеха в расширении своих прав, и поэтому существует надежда, что в будущем англичане отменят старую систему. 5. Сейчас нет необходимости для барристеров работать только в конторах адвокатов. 6. С 1990 года барристеры имеют право делать объявления о своих услугах в газетах. 7. Профессия юриста чрезвычайно популярна в современном обществе. 8. Если человек решил стать юристом, ему нужно быть терпеливым и трудолюбивым. 9. Вам нужно сдать множество профессиональных экзаменов и обрести опыт. 10. Важно решить, в какой области права вы хотите специализироваться. 11. Адвокатская практика дает возможность представлять интересы клиентов в суде. 12. Барристеры могут заниматься практикой самостоятельно, работая не в офисе, а дома.

Task: read and translate the following text.

The English word “law” refers to limits upon various forms of behaviour. There is a vague distinction between man-made law and moral precepts. Law can be defined as a set of rules which form the pattern of behaviour of a given society. Law is one of the most basic social institutions – and one of the most necessary. No society could exist if all people did just as they pleased, without regard for the right of others. Nor could a society also have certain obligations toward one another. The Law also sets penalties for people who violate these rules and it states how government shall enforce the rules and penalties.

Law essentially serves two functions in modern society. First, it serves to order and regulate the affairs of all “persons” be they individuals, corporations or governments. Secondly, law acts as standard of conduct and morality. Through both of these functions law seeks to promote and achieve a broad range of social objectives. Law can appear as the highest achievement of civilization. In man’s capacity to legislate against his own defects we can discern his chief claim to stand clearly above the animal level.

Law seems to exist apart from man and is not even noticed by him until somebody violates its orders or until it is called upon to defend interests that have been the object of encroachments.

The student of law is concerned with the questions of relationships between individual citizens and the state, as well as the relationships between states. The study of a legal process is the study of how decisions are made, who makes them, what the decisions are, how they influence subsequent events.

We commonly speak of both law and laws – the English law, or the laws of England; and these terms point to two different aspects under which legal science may be approached. The laws of a country are separate, distinct, individual rules; the law of a country however much we may analyse it into separate rules, it is something more than the mere sum of such rules. It is rather a whole, a system which orders our conduct, in which the separate rules have their place and their relation to each other and to the whole. Thus each rule which we call a law is a part of the whole which we call the law. Lawyers generally speak of law; laymen more often of laws. This distinction between law as a system and law as enactments is brought out more clearly in those languages which use different words for each.

In a developed state the sphere in which the law operates proves to be quite extensive. It embraces all the spheres of production, distribution and exchange. Law fixes the forms of administration and the constitutional system, and determines the legal status of citizens and activity of the state mechanism (state law, administrative law). It fixes the existing property relations and operates as a regulator of the measure and forms of distribution of labour and its products among the members of society (civil law, labour law). Finally, the law lays down the measures for combating encroachment on the state system, the existing order of social relations, together with the forms in which this is done (criminal law, procedural law, corrective labour law).

However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society’s needs and attitudes.

Word Study

Ex. 1. Read the international words and guess their meaning. Mind the stress.

Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.