The legal profession in the UK

 

Warming-up:

Why did you make up your mind to become a lawyer?

Did anybody advice you to choose a career?

What is the most attractive thing for you in the legal profession?

 

Vocabulary notes:

successor	спадкоємець, наступник
attorney	повірений, адвокат, юрист, прокурор
proctor	проктор, інспектор
litigation	судовий процес, тяжба
ecclesiastical	церковний
to consolidate	закріпити, об’єднати
to provide for	передбачувати
clerkship	посада секретаря клерка
entrant	абітурієнт; той, хто наново заступає на посаду
to admit	допускати, приймати
to enroll	реєструвати, заносити до списку, записуватися
officer	судовий виконавець
to be permitted to	мати дозвіл
to incorporate	змішувати, приймати, об’єднувати, інкорпорувати
liability	відповідальність
to be liable for	бути відповідальним за
to make a will	складати заповіт
estate	власність
to draw up documents	складати документи
conveyancing	передача власності
brief	короткий письмовий виклад справи, висновок
to brief	доручати ведення справи у суді
to approach	звертатися до
to represent the client at the trial	представляти клієнта в суді
right of audience	право виступати в суді
to compel	примушувати
defamation	наклеп
to sue	позивати, подавати позов до суду
negligence	недбалість
to owe	бути зобов’язаним
(the) Inns of Court	юридичні спілки, які готують адвокатів
the Bar	адвокатура
to lay down	затверджувати
attendance	присутність, відвідування
unsubstantiated	необґрунтований
to bias	схиляти, (погано) впливати
to comply	підкорятися, виконувати
to withdraw from	відмовитися
to settle pleadings	складати змагальні папери
to acquire	досягати, оволодіти (навичками), набувати
to relinquish	відмовлятися, передавати, поступатися
henceforth	з цього моменту
thenceforward	надалі

 

THE LEGAL PROFESSION

 

There are two branches of the legal profession in Britain: barristers and solicitors of the Supreme Court. In most other countries, including some parts of the Commonwealth, there is no such division.

Solicitors

The modern solicitor is the successor of three former ancient professions known as attorney (or representative), solicitor, and proctor. These assisted judges in the King’s Bench in the early stages of litigation or carried out the less skilled work in the ecclesiastical and Admiralty courts. By a succession of Solicitors Acts, 1939 to 1974, the profession has been unified and regulated (the 1974 Act consolidates the law). The regulations of the Law Society provide for:

(i) the scales of remuneration and fees of solicitors;

(ii) the terms and conditions of articles of clerkship for new entrants;

(iii) courses for the education and training of students;

(iv) the conduct of examinations;

(v) the discipline of all solicitors.

A person who has served articles (from 2-4 years) to a solicitor, and who passes the examinations of the Law Society, may be admitted a solicitor by having his or her name enrolled. Enrolled solicitors thereby become officers of the Supreme Court, and each receives a Certificate to Practise which is renewable annually. As from 1 October 1984 solicitors are permitted to advertise on certain terms and also advertise properties for sale. In accordance with the Courts and Legal Services Act 1990 they are also permitted to form partnerships with foreign firms.

Duties of a Solicitor. Most solicitors are employed in private practice, either alone/or in a partnership firm, with the right to incorporate with limited or unlimited liability. Others are employed in the public service, industry, and commerce.

Practising solicitors are consulted by, and receive instructions from lay clients on a wide variety of matters both civil and criminal, e.g. the making of wills, administration of estates, family matters, the formation of companies, drawing up of documents, conveyancing, and criminal offences of all kinds. In cases of unusual difficulty or where a trial is to take place in the superior courts, the solicitor takes instructions from the client, prepares a brief and approaches a barrister (counsel) to give an “opinion” or represent the client at the trial.

Solicitors’ rights of audience in the magistrates’ courts, county courts and limited rights of audience in the Crown Court and the Supreme Court have now been extended by the Courts and Legal Services Act 1990,

The relationship between solicitor and client is based on professional confidence, and a solicitor cannot be compelled to disclose in court communications made in a professional relationship. Nor is a solicitor liable for defamation in respect of statements made in court during the course of a trial. Solicitors are, however, liable to be sued for damages for negligence in the conduct of their profession: e.g. where they have carelessly lost documents entrusted to them. In certain situations it has also been held that a solicitor might owe a duty of care in tort to a third party (Ross v. Caunters, 1980 and Al-Kandari v. J.R. Brown & Co., 1987).

Barristers

Anyone wishing to become a barrister must join one of the four Inns of Court: Gray’s Inn, Lincoln’s Inn, Inner Temple, or Middle Temple. These four Inns of Court are unincorporated bodies of medieval origin, owned and controlled by their senior members called the Masters of the Bench.

The Senate of the Inns of Court and the Bar, formed in 1974, can be regarded as the governing body of the Bar today, since the Inns follow the general policy laid down by the Senate and the judges have agreed that disciplinary powers shall be exercised in accordance with the Senate’s regulations.

Intending barristers must make a certain number of attendances (known as “keeping term”) at their Inn, and to qualify for Call to the Bar they must pass the examinations conducted by the Council of Legal Education. After passing the examinations a barrister intending to practise must undertake one year’s pupilage in chambers. After six months barristers have the right of audience in any court of law in England and Wales. As noted above, they may take instructions only from a solicitor, not from a lay client direct. Unlike the solicitor, they may not sue for their fees and are not liable in negligence in the conduct of a case.

Duties of a Barrister. A barrister intending to practise must choose in which part of the law he or she intends to specialize. A barrister is essentially an advocate whose task is to present his or her client’s case effectively in court. Counsel’s duty to put their client’s case does not extend to advancing the client’s unsubstantiated belief that the judge is biased and corrupt. In this case the barrister must either refuse to comply with the client’s instructions or withdraw from the case - Thatcher v. Douglas (1996). Their work includes the drafting of opinions on difficult points of law, the settling of pleadings and advice on evidence and procedural matters.

The difference between the two branches of the profession may be summarized as follows:

Barristers are advocates; solicitors are not necessarily so.

Barristers have the right of audience in all courts; solicitors have only a limited right.

Barristers specialize in certain branches of the law; solicitors tend to be general practitioners.

Barristers deal with legal matters; solicitors may be consulted about many non-legal matters, e.g. family, business or financial matters.

Barristers are instructed by solicitors, who are instructed by the lay client.

Barristers cannot sue for their fees; solicitors can.

Barristers may not be liable for negligence in the conduct of a case; solicitors may.

Solicitors are controlled under the Solicitors Acts, 1839-1974; barristers are controlled by their Inns of Court and the recently established Senate, non-statutory bodies.

Queen’s Counsel

When a barrister has acquired a substantial practice, application may be Counsel made to the Lord Chancellor to “take silk”, i.e. become a Queen’s Counsel.

If the applicant’s request is granted, letters patent are issued and he or she will then be called “within the bar” thus relinquishing their former status of “outer” or “utter” barrister. Henceforth they wear a silk gown.

By this new status the successful applicant will expect to attract more important cases and to command higher fees. He or she will no longer draft pleadings, conveyances, or similar documents. Thenceforward they will have the assistance of junior counsel who will be briefed with them. A Queen’s Counsel is distinguished by the letters Q.C. after their name, and is referred to as a “Leader”.

 

Task 1. Give the English equivalents of the following words and expressions:

Судові Іни, складати заповіт, доручати молодому юрисконсульту ведення справи в суді, передбачувати, мати дозвіл співробітничати з іноземними фірмами, звертатися до баристера, представляти клієнта в суді, складати документи, бути відповідальним за недбале ведення справи, мати право виступати в суді, наклеп, передача власності, відмовитися від справи, виконувати інструкції клієнта, впливати на суддю, відмовлятися від колишнього статусу, складати змагальні папери, бути примушеним.

Task 2. Find the corresponding Ukrainian equivalents of the following expressions:

 

not be liable for negligence in the conduct of a case, draft pleadings, the right of audience in all courts, successor, join one of the four Inns of Court, acquire a substantial practice, officers of the Supreme Court, follow the general policy laid down by the Senate, conveyance, limited or unlimited liability, make a certain number of attendances at their Inn, in the early stages of litigation, sue for the fees, relinquish the former status, prepare a brief, unsubstantiated belief, new entrants, comply with the client’s instructions.

 

Task 3. Write down the word-families of the following words:

liability, conveyance, brief, advocate, pleading.

 

Task 4. Match the verbs and the nouns:

1. incorporate with	a. a barrister
2. sue for	b. legal matters
3. relinquish	c. the former status
4. present	d. a will
5. draw up	e. the case effectively in court
6. make	f. the client’s instructions
7. comply with	g. documents
8. be consulted about	h. the case
9. approach	i. fees
10. withdraw from	j. limited or unlimited liability

 

Task 5. Read the text again to find out if the following statements are true or false:

1. Barristers are paid directly by clients.

2. Professional examinations must also be passed before anyone can become a solicitor.

3. Solicitors can present cases in lower courts.

4. The solicitor is the first point of contact with the law for a client in the UK.

5. The barrister is the specialist with particular skills in advocacy, a consultant who will examine the case and decide what line to take in court.

6. There are only a few solicitors who are allowed to present cases in the higher courts.

7. The Bar is an advocacy profession.

8. After passing the examinations a solicitor intending to practice must undertake one year’s pupilage in chambers.

9. Practicing barristers receive instructions from lay clients on a wide variety of matters both civil and criminal.

10. A barrister and a solicitor are both qualified lawyers.

Task 6. Fill in the gaps in the text below with the appropriate words and word-combinations from the box:

 

solicitors, one of the four Inns of Court, the lower courts, judges, guilty, a brief, a Queen’s Counsel, defamation, barristers, negligence

 

1. “Preparing … for counsel” means a solicitor writes a detailed description of a case so as to inform the barrister of all the facts and main legal points.

2. … are trained lawyers, nearly always ex-barristers, who sit in court, hear and decide legal matters.

3. In Britain a person is innocent unless found ….

4. Barristers may not be liable for … in the conduct of a case.

5. … carry out routine matters.

6. … are called in to advise on really difficult points.

7. A solicitor may represent the accused only in ….

8. … is distinguished by the letters Q.C. after their name.

9. Anyone wishing to become a barrister must join ….

10. A solicitor is not liable for … in respect of statements made in court during the course of a trial.

Task 7. Complete the following sentences:

 

1. When a barrister has acquired a substantial practice, he may become ….

a) a judge;

b) a Queen’s Counsel;

c) the Crown Prosecutor.

2. In England the decision of a law student is between becoming …

a) a barrister or a solicitor;

b) a barrister or a judge;

c) a solicitor or a prosecutor.

3. The solicitor usually deals with …

a) petty crimes and matrimonial matters;

b) arguing cases;

c) presenting cases in any court.

4. Barristers specialize in …

a) arguing cases in front of a judge and representation in Magistrates’ Courts;

b) advocacy;

c) employing solicitors.

5. … in the UK is an independent qualified lawyer.

a) a solicitor;

b) a magistrate;

c) a barrister.

 

Task 8. Find the words and expressions with the following meanings:

 

a. connected with the law, required by the law;

b. gathering of people for the purpose of hearing a speaker, etc.;

c. speaking or pleading in the court;

d. an English lawyer who specializes in arguing cases and representation in any court;

e. professionally working;

f. an English lawyer who gives advice to clients, investigates, prepares documents;

g. support of a client in a Court;

h. barrister’s offices;

i. allowed to speak in court;

j. lawyer who prepares a case for court.

 

Task 9. Replace the parts in a bold type with the synonyms:

1. This affair requires experience and hard work.

2. Who is responsible for the inquiry?

3. Could you recommend me what barrister to choose?

4. He is not an attorney and has no freedom to decide on the case.

5. What reasons to suspect him of robbery have you got?