Legal Communication Nicola Sarjeant

Legal Communication – Nicola Sarjeant

Legal education

In English-speaking countries, the Bar is a term for the legal profession itself; while a bar association is the association which regulates the profession. A person who qualifies to practise law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him or her unable to practise law.

The following text describes the requirements for entering the legal profession in the UK, the USA and Canada.  Read the text. Is legal education in Korea is more similar to the UK, the US or Canada?

Studying law in the UK In the UK, a legal education usually begins with the completion of a bachelor degree in law, known as an LLB, which usually takes three years. In the subsequent vocational stage, a person who wishes to become a barrister joins one of the Inns of Court before beginning the Bar Vocational Course. The completion of this stage is marked by a ceremony referred to as the call to the Bar. A third stage, known as pupillage, is a year-long apprenticeship, usually at a set of barristers' chambers, which customarily consists of groups of 20-60 barristers.

Similarly, a person wishing to become a solicitor must also complete three stages: the first stage also involves gaining a law degree; the second stage requires passing a one-year Legal Practice Course (LPC); and the final stage entails working for two years as a trainee solicitor with a firm of solicitors or in the legal department of a local authority or large company.

Studying law in the USA In the USA, a legal education comprises four years of undergraduate study followed by three years of law school. (Prospective law students must take the Law School Admission Test (LSAT) before applying to law school.) A law-school graduate receives the degree of juris doctor (JD). In order to qualify as a lawyer (attorney), a law school graduate must pass the state bar examination.

Studying law in Canada Legal education in Canada is similar to that in the USA: usually three or four years of undergraduate study followed by three years of law school. (As in the USA, students must also take the LSAT.) A law-school graduate receives either an LLB or a JD, depending on the school (the degrees have equal status and validity). He or she must then complete about one year’s work (called articling) at a law firm, the legal department of a corporation or as a judge’s assistant. He or she must then take a Bar Admission Course. Upon passing the provincial bar exams, he/she is admitted to the Bar and qualified to practise law.

**In England there is a distinction between solicitors – who provide general legal advice and represent clients in lower courts – and barristers – who advise on specialist legal issues and are entitled to argue cases in higher courts**

Find terms with the word bar in the introduction in the text above which match these definitions. 1. a lawyer who is qualified to argue cases in court on behalf of clients ______2. in the UK, a training course which enables people who wish to become barristers and to acquire the skills and knowledge to prepare them for the specialized training of the pupillage ______3. a ceremony held at the end of this training course, when a candidate enters the profession ______4. organization regulating the legal profession ______5. in the USA, an important test taken by law-school graduates which, when passed, qualifies a person to practice law ______6. granted entrance to the legal profession ______7. to make a lawyer to stop practicing law due to an offence s/he committed ______

 The Korean government is changing the legal education system to make it more similar to the American system. Do you think this is a good idea? Why/why not? Legal Communication – Nicola Sarjeant

Lawyers

Several different words can be used to refer to a lawyer. Listen to three law students in the UK talking about the kind of work they would like to do when they have completed their law studies. Write the correct word for lawyer in the gaps.

Anna: So, what are you two planning to do later, when you've completed your degree? Daniel: Well, right now, I'm planning to become a 1)______, because I'd really like to plead [argue]cases in court. Anna: You've been watching too many of those American films, when the handsome young 2)______wins the case against the big, bad corporation! Daniel: Very funny. I just like the idea of arguing a case. I think it'd be exciting. What about you? Anna: Actually, I'd like to work for a big corporation and advise them on their legal affairs, as 3)______I've heard the work can be very challenging. What are your plans, Jacob? Jacob: I'm thinking about becoming a 4) ______. I'm not that interested in pleading cases in court. I'd rather do research and give legal advice - I think that'd suit me better.

Discuss: 1. Does Korean have more than one word for lawyer? If so, do they correspond to the different English words for lawyer mentioned above? If not, how do the concepts differ? 2. In England, lawyers are either barristers or solicitors. Is there the same distinction in Korea? 3. Who are you more similar to: Anna, Daniel or Jacob? Why?

Vocabulary 1. Combine the nouns in the box to make combinations to describe the work lawyers do. Some verbs go with more than one noun. cases clients contracts corporations decisions defendants disputes law legislation a. a. advise b. draft c. litigate1 d. practice e. represent f. research

2. What area of the law interests you most? Why?

banking bankruptcy constitutional contracts corporate criminal environmental family (=divorce) human rights immigration insurance intellectual property international trade labour & employment litigation patents & trademarks personal injury & tort real estate sports & entertainment tax wills & estates

1 to litigate means to cause (an argument between people or groups) to be discussed in a law court so that a judgment can be made Legal Communication – Nicola Sarjeant

Law Careers Once a lawyer is admitted to the Bar, s/he is entitled to practice law. There are several different paths one can take:  go into private practice o open up your own law firm o join a law firm as an associate. After several years of work you may be asked to become a partner and share in the profits of the law firm  work as in-house counsel in the legal department of a corporation  work for a public interest group - provide legal representation to those who cannot afford private counsel or fight for public causes for social change  work for the government o as a prosecutor in the criminal court o at a government ministry or agency o as a diplomat in the foreign services  get an advanced degree and teach law at a college or university  become a mediator or arbitrator – help people settle their difficulties without going to court  work in a non-traditional area such as legal publishing or as a law librarian

Law Firm Culture One factor which plays an important role in the culture of a law firm is its size. Law firms can range from a one-person solo practice (conducted by a sole practitioner) to global firms employing hundreds of attorneys from all over the world. A small law firm, which typically engages from two to twenty lawyers, is sometimes called a boutique firm, as it often specializes in a specific area of the law. A mid-size law firm generally has ten to 50 lawyers, while a large law firm is considered to be one employing 50~100 or more attorneys. Some ‘mega-firms’ have over 1000 lawyers.

Discussion 1. What are some are some advantages and disadvantages of working at a big firm compared to a small firm? 2. If you were going to work at a law firm, what size of firm would you like to work at? Why? 3. What other kinds of law-related jobs interest you? 4. What do you think of the British system of having different training and different roles for barristers and solicitors? 5. In Canada, unlike in the USA, future lawyers have to do a year of articling before they are admitted to the bar. Is this a good idea? 6. A lot of lawyers at big firms earn high salaries but have to work very long hours. In contrast, in-house or government lawyers work shorter hours but tend to earn less.  Which would you rather do? Why? 7. In North America, many law firms bill their clients for each hour worked. Big firms often set a quota of billable hours for their lawyers. (A billable hour is the time a lawyer spends working that can be billed to a client – not including surfing the internet, going to the bathroom, chatting to colleagues, reading journals, having lunch etc.) This could range from 1800 to 2400 billable hours per year. (To bill 2000 hours you would normally work over 3300 hours a year, or about 65 hours/week.)  Is this a reasonable expectation? What are some potential problems for lawyers / clients? 8. It is harder to pass the bar exam in Korea than in the USA. Is this a good thing? Why/why not? 9. In Korea there are about 11,000 lawyers2 (2.2 lawyers per 10,000 people), whereas in the USA there are about 950,0003 (31.7 lawyers per 10,000 people).  Do you think it is a benefit or detriment to society to have so many lawyers? Why/why not? 10. Being a doctor and being a lawyer are both prestigious jobs. Which one do you think is more highly regarded? Why?

2 http://www.advocatesinternational.org/pages/global/asia/southKorea.php 3 http://usinfo.state.gov/products/pubs/legalotln/lawyers.htm