Divide into groups – pro and con – and conduct a debate on the necessity of capital punishment.
Appoint the ‘Chair’ of the debate who will give the floor to the speakers of both teams.
Use the active vocabulary from the Unit.
Chapter VIII LEGAL PROFESSION
Unit 26
Before you read
Discuss these questions.
1 What titles for lawyers do you know?
2 What kind of work do they do?
Professional Titles
Throughout the world, the word “ lawyer ” is used to mean someone who has legal knowledge or who is engaged in the practice of law. Those unfamiliar with the legal system are often confused by the variety of titles used for members of the legal professions. There are many English words which may denote a lawyer, and different jurisdictions use different titles for lawyers: “advocate, attorney, barrister, solicitor”.
For example, a lawyer in the United States is often called an “ attorney ”, which in England is a title formerly used by solicitors.
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.
Study the titles of legal professions with their definitions given in the list below.
| Advocate | 1 A person, who defends or supports a cause or proposal. The civil law equivalent of a barrister, as in Scotland. 2 A person who assists, defends, pleads, or prosecutes for another; pleads the cause of another before a tribunal or judicial court. |
| Agent | One who is authorized to act for or in place of another. There are agents in business (managing agents, commercial agents, advertising agents), in policy (foreign agent, public agent), agents designated by law to receive litigation documents for a nonresident corporation (statutory agent). |
| Arbitrator | A neutral person chosen to resolve disputes between parties, especially by means of formal arbitration. |
| Attorney | 1 In American English a lawyer. There is a US attorney in each federal judicial district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district. 2A person appointed to act for another in business or legal matters. 3 One who practises law. |
| Attorney- general | 1 The chief legal officer appointed by the government (Brit). 2 The chief law officer of a state or of the US, responsible for advising the government on legal matters and representing it in litigation (US). |
| Bailiff | 1 A law officer whose job is to take the possessions or property of people who cannot pay their debts (Brit). 2 A court officer who maintains order with the parties, attorneys and jury during court proceedings (US). 3A sheriff’s officer who executes writs and serves processes (US). |
| Barrister | In England and Northern Ireland a lawyer who is admitted to plead at the bar and who may try or argue in superior courts. Barristers defend or prosecute in the higher courts. 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). A barrister (in Scotland “advocate”) can normally only deal with clients through a solicitor. |
| Clerk | A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute. |
| Coroner | A public official whose duty is to investigate the causes and circumstances of any death that occurs suddenly, suspiciously or violently. Coroners have medical or legal training (or both). |
| Detective | A police officer whose job is to investigate and solve crimes. |
| Investigator | A person who conducts an official inquiry. After receiving information that a crime has been committed the investigator commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, details suspects. |
| Judge | A presiding court officer with authority to hear and decide cases in a lawcourt, elected or appointed. |
| Jurist | One who has a thorough knowledge of law. A jurist is a great expert in the law who is normally an academic lawyer, writer or consultant (but may also be a judge or a practising lawyer). |
| Juror | A member of the jury. You become a potential juror after your name is selected at random from voters registration records. The job of a juror is to listen to the evidence and to decide what really happened. To be a good juror you should use common sense, and be fair and honest. |
| Jury | A group of people (usually 6 or12) legally selected and sworn to inquire into any matter of fact who decide the facts of a case (usually criminal) and give a decision of guilty or not guilty called a verdict. The judge directs the jury on matters of law. |
| Lawyer | A person trained and qualified in the law who does legal work for other people.A general term for a member of the legal profession, e.g. a judge, advocate, attorney, barrister, solicitor, law teacher. A person whose job is to advise people about laws, write formal agreements, or represent people in court. |
| Legal adviser (-or) | A person who is an expert in the law and gives legal advice. |
| Magistrate (Br) | An official who acts as a judge in the lowest courts of law; syn. Justice of the Peace (JP). |
| Magistrate (US) | A judicial officer appointed by judges of federal district courts having many but not all of the powers of the judge. They may conduct civil or misdemeanour criminal trials. |
| Notary (also notary public) | A public officer, especially a lawyer, who attests or certifies documents to make them authentic, and performs official acts in commercial matters, such as protesting negotiable instruments. |
| Ombudsman | Someone who deals with complaints made by the public against government departments, banks, ensurance companies, etc. There are Banking Ombudsman, Insurance Ombudsman. In Britain the main government Ombudsman is called the Parliamentary Commissioner for Administration. |
| Prosecutor | A lawyer hired by government to conduct criminal proceedings. The person who presents the case in a criminal court against a person accused of a crime. He is a lawyer who represents the interests of the state in criminal trials and the country in all legal matters involving the country in criminal cases. The prosecutor has the responsibility of deciding who and when to prosecute. Also known as prosecuting attorney. |
| Sheriff | 1The chief officer appointed by the King or Queen in counties and certain cities of England and Wales with legal and ceremonial duties (often High Sheriff, Brit.). 2An elected officer responsible for keeping law and order in a county (US). |
| Solicitor | A lower court trial lawyer who prepares legal documents, advise clients, and sometimes speaks for them in the courts; prepares cases for barristers in the higher courts. |
Vocabulary
advocate n 1 защитник; 2 адвокат; 3 поверенный
agent n 1 агент; 2 поверенный
arbitrator n третейский судья; арбитр
attest v заверять
attorney n 1 адвокат; поверенный (в суде); 2 уполномоченный;
3 юрист, занимающийся адвокатской практикой
attorney-in fact n лицо, действующее по доверенности
attorney-general n 1 англ. генеральный прокурор;
2 амер. генеральный прокурор штата; министр юстиции
attorney-at-law n адвокат
authentic adj аутентичный, подлинный, имеющий силу
bailiff n 1 англ. судебный пристав; 2 амер. судебный пристав, который следит за порядком в суде; 3 заместитель шерифа, который: а) приводит в исполнение судебный приказ; б) исполняет должностные функции (вручение приказов о вызове в суд и др.)
barrister n барристер, адвокат, который имеет право подавать в суд
исковое заявление, а также выступать в суде
barrister-at-law n адвокат высшего ранга, выступающий в суде
clerk n клерк, секретарь суда
commence v начинать
confuse v смешивать; спутывать; сбивать с толку
coroner n следователь, ведущий дела о насильственной или
скоропостижной смерти
detail v выяснять подробности
discretion n свобода действий
evidence n улики, доказательства
execute a writ v приводить в исполнение судебный приказ
investigator n следователь (англ.); private investigator (detective n) n
= сыщик (детектив)
judge n судья
jurist n юрист
juror n присяжный заседатель
jury n присяжные
lawyer n юрист; адвокат
legal adviser (-or) n юрисконсульт, советник по правовым вопросам
magistrate n 1 англ. магистрат (должностное лицо, осуществляющее правосудие), судья; мировой судья; 2 амер. федеральный магистрат; судья суда низшей инстанции с суммарной и ограниченной юрисдикцией по уголовным и иногда гражданским делам
notary n нотариус
ombudsman n омбудсман (чиновник, рассматривающий претензии граждан к правительственным служащим. В РФ аналогичный омбудсману институт носит название Уполномоченного по правам человека).
preside v председательствовать
prosecutor n обвинитель – лицо, возбуждающее и осуществляющее уголовное преследование; crown prosecutor n главный (государственный) обвинитель; chief prosecutor n главный обвинитель; public prosecutor n прокурор
serve process v исполнять должностные функции (вручение приказов о вызове в суд и др.)
sheriff n шериф
solicitor n адвокат, поверенный, юрисконсульт
summon v вызывать в суд
Reading tasks
Answer these questions.
1 What does the investigator do after receiving information that a crime has
been committed?
2 Who deals with witnesses and suspects?
3 What is an advocate?
4 Whose duty is to present a case in a court?
5 Who acts for other people (esp. a corporation)?
6 Who makes a judgement about or settles an argument between two parties?
7 What is an attorney in the USA?
8 What makes attorneys so important in American communities?
9 What is the difference between the bailiff’s functions in Great Britain and the
USA?
10 Who can argue cases in the higher law courts in Britain?
11 What kind of problems does a solicitor deal with?
12 What are barristers experts in?
13 What is the job of a juror?
14 What is the job of a judge?
15 How is the juror selected?
16 What qualities should a good juror have?
17 How is a lawyer called in the USA?
18 What is the job of a lawyer?
19 What other terms for ‘lawyer’ do you know?
20 What power does a notary have?
21 Who conducts the prosecution before the court?
22 Who proposes the penalty to be imposed on a guilty person?
23 What is a sheriff in: a) Britain? b) in the USA?
24 What kind of problems does an ombudsman deal with?
25 Who are Magistrates?
Speaking
Examine the diagram and compare it with the information given in the list. Explain what these people are and what they do.
 |  |  | |||
Language focus
Add a question tag to each sentence.
1 A lawyer is a person who practises law, …?
2 Judges shall be inviolable, …?
3 The investigator based his conclusion on the verification, …?
4 Multinational companies employ expensive lawyers to ensure that their
contracts are valid, …?
5 To be a good juror you should use common sense, …?
Vocabulary tasks
A Choose the correct answer: a), b) or c).
1 The job of a... is to listen to evidence and to decide what really happened.
a) solicitor
b) juror
c) notary
2 A... deals with causes and sudden deaths.
a) coroner
b) advocate
c) barrister
3 One who lives in the USA and acts for clients in a lawcourt is called an....
a) judge
b) prosecutor
c) attorney
4 Mr. Brown was recommended as a... who was a great expert in the law.
a) agent
b) jurist
c) lawyer
5 The men were arrested for armed robbery and sentenced to seven year imprisonment by the....
a) solicitor
b) judge
c) advocate
6 Don't sign anything until you've consulted a....
a) coroner
b) juror
c) lawyer
7 The chief...told the court that Johnson was guilty of a horrible crime.
a) agent
b) notary
c) prosecutor
8 A... has the legal power to make a signed document official.
a) advocate
b) judge
c) notary
9 If you want legal advice in Britain you go to a....
a) solicitor
b) investigator
c) arbitrator
10 As... 007 he appears in a series of novels written by I.Fleming.
a) clerk
b) jurist
c) agent
B Match the legal terms on the left with their definitions on the right.
1 investigator a a police officer whose job is to investigate a crime
2 advocate b a lawyer who practises law, especially in the USA
3 barrister c a person who conducts an official inquiry
4 attorney d a group of people who listen to the facts of a case in
court and decide whether the accused person is guilty
or not
5 jury e a person who pleads the cause of his client before a
court
6 bailiff f a person who has the right to speak in higher
lawcourts
7 detective g court officer in the USA who keeps order in court of
law
C Match the parts of the sentences.
1 The jury finds the defendant a with the Police Department.
2 The judge decided that the evidence b to deal with that case.
3 We have agents dealing c before making investments.
4 An advocate is a lawyer d to the scene of the
explosion.
5 The jury decided that he was e an arbitrator in an argument.
6 She was asked to be f guilty of murder.
7 A team of special investigators have gone g not guilty.
8 She hired a private detective h with our legal matters.
9 He is a detective i that Johnson was guilty of a
horrible crime.
10 Consult an independent legal adviser j was not relevant to the trial. 11 A special prosecutor was appointed k to find her husband.
12 The chief prosecutor told the court l who presents a client's case
in a lawcourt.
D Match questions in column A with answers in column B.
| A | B |
| 1Who conducts an official inquiry? 2Whose duty is to present a case in a court? 3Who can argue cases in the higher courts in England? 4What kind of problems does a solicitor deal with? 5Who acts for or in place of other people? 6What is an advocate? 7What power does a notary have? 8What is a sheriff in the USA? 9Who conducts criminal proceeding? 10What other terms for a lawyer do you know? | aA notary makes a signed document official. bA prosecutor. cAn advocate, attorney, barrister, solicitor. dAn elected officer responsible for keeping law and order in a county. eA lawyer who presents a client’s case in a court. fAn investigator. gIt’s an advocate’s duty. hAn agent. iA barrister can. jA solicitor prepares legal documents, advises clients, and sometimes speaks for them in the courts. |
E Write down what are:
1 the advocate’s duties
2 the investigator’s duties
3 the acts, performed by the investigator
4 the categories of people summoned and questioned by the investigator
5 the prosecutor’s duties
6 the acts, performed by the agent
7 the attorney’s powers / authority
8 the bailiff’s duties
9 the qualities of a good juror
10 the sheriff’s duties in the USA
F Read the following words and try to guess the meaning of their derivatives. Then distribute them into three columns – nouns, verbs, adjectives.
advocate lawful adviser(-or) arbitrary
arbitrate investigator investigate lawless
advise prosecution prosecutor investigation
lawyer advisable law prosecute
| I nouns | II verbs | III adjectives |
G Complete the following sentences with an appropriate word.
1 Our (judges, agents, prosecutors) work in the Middle East.
2 Last year all his furniture was seized by (bailiffs, lawyers, clerks).
3 If a person in Britain has a legal problem he will go and see (a barrister, an
arbitrator, a solicitor). In the USA he will go and see (a barrister, an attorney,
an advocate).
4 (Jury, A judge, A barrister) is an expert in the interpretation of law.
5 Don’t sign anything until you’ve consulted (a coroner, a lawyer, a juror).
6 The job of (a judge, a sheriff, a juror) is to listen to evidence and to decide
what really happened.
7 The chief (lawyer, notary, prosecutor) told the court that Johnson was guilty of
a horrible crime and asked for the maximum sentence.
8 The (solicitor, advocate, judge) sentences him to seven years imprisonment
for armed robbery.
H Distribute the legal professions under proper headings.
| Out-of-court | In court | Investigation |
I Compare the professions.
- solicitor and barrister
- judge and arbitrator
- attorney and prosecutor
- detective and coroner
- clerk and notary
- bailiff and sheriff
J Collocations.
Match the verbs and nouns. Use a dictionary to help you if necessary.
1 instigate a) a client
2 bring b) a prosecution
3 prefer c) a copyright
4 prepare d) a suspect
5 reach e) a fee
6 settle f) out of court
7 charge g) a verdict
8 arrest h) a case
9 defend i) a brief
10 infringe j) an accusation
K Use an appropriate phrase from Exercise J to complete each sentence.
1 A prosecution can prefer an accusation or ………. a ………. against
someone suspected of committing a crime.
2 In the UK, only the Crown Prosecution Service can ………. a ………. against
someone on a criminal charge.
3 By copying my novel and selling it as your own, you have not only ……….
my ………. but also betrayed my trust as a friend.
4 The two sets of lawyers agreed not to go to trial but to ………. out of ……….
5 Some lawyers do not ………. a ………. if the client asks for very simple
advice.
6 The jury took three days to ………. a ………..
7 All lawyers must ………. their ……….even if they doubt their innocence.
8 As a solicitor in a large company, I spend a lot of time ………. for barristers.
9 The police had sufficient evidence of his guilt to ………. the ………..
Over to you
Being a lawyer is regarded as one of the best professions in many countries. Think about what the different areas of specialization are, and which you would choose, or have chosen, and why. Make notes under the headings: choice of specialization; number of years of training; income expectations; responsibilities; kinds of clients; need for foreign languages; likely challenges and opportunities. Add any other points that occur to you.