Before you read
Discuss these questions.
1 How do lay people describe a lawyer’s duties?
2 Why is a lawyer’s job so important?
3 Why are lawyers’ fees high?
Text A
The Job of the Lawyers
A lawyer in the United States is often called an “attorney”. Attorney at law is a person admitted to practise law in their respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc.
The main administrators of federal law enforcement are the ninety-four US attorneys, appointed by the President with the advice and consent of the Senate.
US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals. This kind of public exposure can help a US attorney launch a successful career in elected office.
Today, the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. Twenty-five years ago, there was one lawyer for every 700 people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth.
Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. The glamour of legal practice strengthens the attraction of its financial rewards. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life. However, it should not be forgotten that there are also lawyers whose lives are not so secure. The Wall Street attorney probably earns a high salary, but the small firm giving advice to members of the public on welfare rights or immigration procedures may have to restrict salaries in order to stay in business.
There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services. Federalism gives separate legal systems for each state plus the national government. Advertising can now create demand for legal services, too. Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the government. Is it any wonder that America needs all the lawyers it can train?
Vocabulary
admit v допускать
allure n привлекательность
appointee n получивший назначение
challenge v бросать вызов
defer v уступать; оставить
draft v составлять (документы)
exposure n выставление; показ; public exposure публичность
glamour n чары; волшебство
harbour v питать (чувства); утаивать, скрывать
issue n предмет спора; спорный вопрос
judicial district n судебный округ
outpace v обгонять
reward n вознаграждение; награда
unquenchable adj неутомимый, неугасимый
welfare n благосостояние
Reading tasks
Answer these questions.
1 What is an attorney in the US? How is he appointed?
2 What does the number of assistant attorneys in federal judicial districts depend
on?
3 Why is the number of lawyers in the US increasing?
4 What factors create demand for legal services?
5 What makes attorneys so important in American communities?
6 How do attorneys in the US realize their political ambitions?
7 What example in the text proves that US attorneys harbour political
ambitions?
8 Why is the job of the lawyer dangerous sometimes?
Vocabulary tasks
A Find in the text the English equivalents for the words below.
1 превышать
2 премия
3 адвокатская практика
4 уровень роста населения
5 средняя заработная плата
6 опытные юристы
7 система сдержек и противовесов
8 оставить спорные вопросы на рассмотрение суда
9 создать спрос на что-либо
Text B
What Lawyers Do
Lawyers, also called attorneys, act as both advocates and advisors in the USA. As advocates, they represent one of the opposing parties in criminal and civil trials by presenting evidence that support their client in court. As advisors, lawyers counsel their clients as to their legal rights and obligations and suggest particular courses of action in business and personal matters. Whether acting as advocates or advisors, all attorneys interpret the law and apply it to specific situations.
They advise what actions clients may take and draw up legal documents, such as wills and contracts, for clients. Lawyers must deal with people in a courteous, efficient manner and not disclose matters discussed in confidence with clients. They hold positions of great responsibility, and are obligated to adhere to strict rules of ethics.
The more detailed aspects of a lawyer’s job depend upon his or her field of specialization and position. Even though all lawyers are allowed to represent parties in court some appear in court more frequently than others. Some lawyers specialize in trial work. These lawyers need an exceptional ability to think quickly and speak with ease and authority, and must be, thoroughly familiar with courtroom rules and strategy. Trial lawyers still spend most of their time outside the courtroom conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.
Besides trials, lawyers may specialize in other areas, such as bankruptcy, probate, or international law. Environmental lawyers, for example, may represent public interest groups, waste disposal companies, or construction firms in their dealings with the Environmental Protection Agency (EPA) and other State and Federal agencies. They help clients prepare and file for licences and applications for approval before certain activities can occur. They also represent clients’ interests in administrative adjudication and during drafting of new regulations.
Some lawyers concentrate in the emerging field of intellectual property. These lawyers help protect clients’ claims to copyrights, art work under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions. They write insurance policies to conform with the law and to protect companies from unwarranted claims. They review claims filed against insurance companies and represent the companies in court.
The majority of lawyers are in private practice where they may concentrate on criminal or civil law. In criminal law, lawyers represent persons who have been charged with crimes and argue their cases in courts of law. In civil law, attorneys assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Some manage a person’s property as trustee or, as executor, see that provisions of a client’s will are carried out. Others handle only public interest cases civil or criminal which have a potential impact extending well beyond the individual client.
Lawyers sometimes are employed full time by a single client. If the client is a corporation, the lawyer is known as house counsel and usually advises the company about legal questions that arise from its business activities. These questions might involve patents, government regulations, contracts with other companies, property interests, or collective bargaining agreements with unions.
Attorneys employed at the various levels of government make up still another category. Lawyers that work for State attorneys general, prosecutors, public defenders, and courts play a key role in the criminal justice system. At the Federal level, attorneys investigate cases for the Department of Justice or other agencies. Also, lawyers at every, government level help develop programs, draft laws, interpret legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government.
Other lawyers work for private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil rather than criminal cases.
A relatively small number of trained attorneys work in law schools. Most are faculty members who specialize in one or more subjects, and others serve as administrators. Some work full time in nonacademic settings and teach part time. Some lawyers become judges, although not all judges have practised law.
Vocabulary
adhere to v (твёрдо) следовать; соблюдать
adjudication n рассмотрение спора; решение арбитража
behind выходящий за
claim n зд. притязание
conform with the law сообразно, в соответствии (с законом)
conventional adj основанный на договоре
courteous adj вежливый, учтивый
disadvantaged adj невыгодный
draft n составление проекта; v составить проект
draw up v составлять, оформлять
efficient adj деловой, эффективный; in efficient manner эффективно,
действенно
emerge v возникать, появляться
Environmental Protection Agency (EPA) Управление по охране
окружающей среды
executer n душеприказчик; исполнитель завещания
file v подавать документ в надлежащее учреждение; file an application
подавать заявление
for approval на утверждение
handle v управлять, осуществлять контроль, контролировать
impact n действие, влияние
Justice n правосудие; Department of Justice Министерство юстиции (в
США)
lease n аренда
litigation n судебный процесс
mortgage n заклад, ипотека
nonprofit adj некоммерческий
obligate v обязывать
probate n утверждение завещания
provision (of a client) n условие (клиента)
title n право; правовой титул
transaction n сделка, операция
trust n доверительная собственность; trustee n доверительный
собственник, опекун
unwarranted adj неоправданный, необоснованный
waste disposal company компания, занимающаяся уборкой отходов
with authority авторитетно
Reading tasks
Answer these questions.
1 How lawyers are usually called in the USA?
2 Who do they represent as advocates?
3 How do lawyers act as advisors?
4 How must lawyers deal with their clients?
5 What areas do lawyers specialize in? What are their functions?
6 How do lawyers work in the field of intellectual property?
7 What are lawyers’ functions in private practice?
8 What questions do lawyers deal with when they are employed by a single
client?
9 What is the role of attorneys in government?
10 Do lawyers work in law schools?
Language focus
Complete these sentences with modals cannot, will, may, must, can and explain their usage.
1 Depending upon the circumstances and the needs of the client, the lawyer _______ be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer ________ need to engage in factual investigation.
2 A lawyer _______ be a zealous advocate of the client, in this respect the lawyer _______ advocate on the client’s behalf and avoid conflicts of interest.
3 The judge ________ maintain orderin the courtroom.
4 The government ________ try you before a jury. It _______ try you before a
jury that is prejudiced.
5 If justices do something wrong, the Congress ________ impeach them.
B Ask about the parts of sentences given in bold type.
1 In civil law, attorneys assist clients with litigation, wills, mortgages and
Contracts.
2 Attorneys employed at the various levels of government play a key role in