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The Legal Profession




Семестр

Although many kinds of people working in or studying legalaffairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal mattersbecause of examinations he has taken and professional experience he has gained.

Most countries have different groups of lawyers who each take a par­ticular kind of examination in order to qualify to do particular jobs. In Ja­pan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge. In England, the deci­sion is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Solicitors have also a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister to argue their client's case. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his' arguments for the court and a solicitor spends most of his time in an office giving advice toclients, making investigationsand preparing documents.

If a person has a legal problem, he will go and see a solicitor. In fact there are at least 50,000 solicitors in Britain, and the number is increas­ing.

Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with pettycrimes and some matrimonialmatters in Mag­istrates' Courts. He prepares the case and the evidence. He actually speaks In Court for you.

In a civil action he can speak in the County Court, when the case is one of divorceor recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes.

A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a willthe best man to advise you is a solicitor.

Barristers are different from solicitors. Barristers are experts in the in­terpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy(the art of presenting cases in Court). Indeed, if you desire representationin any Court except the Mag­istrates' Court, you must have a barrister.

Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers* often in London. They belong to the institutions called Inns of Court,* which are ancient organizations rather like exclusive clubs.

In the USA the Justice Department is responsible for the faithful exe­cutionof the laws under the President's authority. The main administra­tors of federal law enforcement are the ninety-four U.S. attorneys, who are appointed by the President with the advice and consent of the Senate.

There is a U.S. attorney in each federal judicial district. Their stuffs of assistant attorneys vary in size with the amount of litigationin the district. U.S. attorneys have considerable discretion, which makes them powerful political figures. Their decision to prosecuteor not affects the wealth, free­dom, rights, and reputation of the individuals and organizations in the dis­trict.

 

(2887 t.un.)

NOTES:

chambers – адвокатская контора

(the) Inns of Court — юридические корпорации, готовящие адвокатов (четыре крупнейшие корпорации: the Inner Temple, the Middle Temple, Lincoln's Inn, Gray's Inn)

 

 

How does someone become a lawyer?

In some countries in order to practice as a lawyer it is necessary to get a University degreein law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, it is not in fact necessary to have a degree, although nowadays most people entering the profession do. The main requirementis to pass the Bar Final examination* (for barristers) or the Law Society Final examination* (for solicitor). Someone with University degree in a subject other than law needs first to takea pre­paratory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, law­yers will tell you that the time they spent studying for their law finalswas one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized. In Japan, where there are relatively few lawyers, the examinations are sup­posed to be particularly hard: less than 5 percent of candidates pass. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an arti­cled clerk, during this time his work is closely supervisedby an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.

The rate at which the legal profession grows is terrific. In the 21st cen­tury the number of lawyers will probably outpacethe rate of population growth.

Why is the career in law so popular? In the USA the average salaryof experienced lawyers in private practice is more than $100,000.

Lawyers' salaries are substantially greater than those of many other pro­fessionals. The glamour of legal practice strengthensthe attraction of its financial rewards.

(1514 t.un.)

NOTES:

the Bar Final examination — экзамен, который сдается при поступ­лении в Коллегию Адвокатов

the Law Society Final examination — экзамен, дающий право быть членом Общества юристов (профессионального союза солиси­торов)

 




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