I. Legal Profession A lawyer is a person who writes a 10,000-word document and calls it a "brief." -- Franz Kafka T can brainstorm expressions used for legal practitioners and activities which lawyers are involved in. 1. Lawyers in different countries do not hold the same titles or share the same role and status. Read the following text giving an outline of legal professions in civil law countries, England and the USA. In which country/countries do attorneys, solicitors, barristers, notaries or advocates work? People roughly acquainted with the legal profession in civil law countries may be tempted to make an equation between the two main strands found there, i.e. notaries and advocates, and the two kinds of lawyers existing in England, i.e. barristers and solicitors, but this is not the case, the latter being of quite a different nature. It is true that English solicitors may draw up various legal documents and make them official as their civil law counterparts do but their scope of work is by far wider. The English solicitors also prepare cases for barristers defending those accused of crimes in courts and may also defend themselves such persons in lower courts. The very term “notary” does not denote a separate profession in England or the USA. There, you can come across the term “notary public” which denotes a professional who has authority to witness and draw up only certain documents and make them official. In England this is performed by solicitors but in the USA this may be done by people who have not qualified as lawyers, or attorneys, as they commonly referred to there. Otherwise, American attorneys are all-rounders doing all kinds of legal work. Regarding this variety of terms for denoting lawyers it is therefore safest, for the purposes of international legal English, to use neutral terms, e.g. lawyer with a kind of specification, such as lawyer for the defense, lawyer for the prosecution, conveyancing lawyer, etc. However, as the international legal English naturally draws on the terminology of the Anglo- American legal system it is necessary to get to know with it. Comprehension check - Which country(ies)? attorney (attorney-at-law) solicitor barrister notary advocate key: attorney (attorney-at-law) - U.S., Czech Rep. solicitor - England barrister - England notary - England ≠ Czech Rep. ≠ U.S. advocate - Czech Rep. Created by the team of authors. 2. Solicitors and barristers - Listening POSLECH - PRVNÍ ČÁST Z LAW TODAY, Unit 5 (PROFESSIONAL TITLES): Listening 2x, sharing info in pairs, class check with the key + vocabulary lawyers in England solicitors barristers What do they do? initial preparation, argue cases in front of a litigations settled out of court, judge, draw up wills, give advice, prepare arguments for the investigate, court prepare documents Where do they work? in an office in a courtroom Who pays them? clients are employed by solicitors Do they have the right of only in lower courts yes, even in the highest audience? courts Additional information judges are usually chosen from the most senior barristers Based on: POWELL, Richard. Law today. 1st ed. Harlow: Longman, 1993, 128 s. ISBN 0582056357. Texty z následujících cvičení lze udělat jako skupinové prezentace, cvičení pak slouží jako kontrola the following texts as group minipresentations: - texty jsou vytažené v souboru “Texts for presentations” ● England ● US ● ČR - conditions to become a judge, ... ● ČR - legal trainees ● legal language Text 1 ● legal language Text 2 https://docs.google.com/a/go.muni.cz/document/d/1g- 0PVmwO1ZOSP9ErvrVHmUgIdGHxI1Uhh46u5DnDpLU/edit?usp=sharing 3. Qualifying for the profession A. England Fill in the letters to complete the words and describe similarities and differences in becoming a barrister and solicitor. Barristers are mem _ _ _ _ of the Bar Council o _ England and Wales and they gener _ _ _ _ operate in sets of “chambers” bu _ are not emp _ _ _ _ _ by a law firm as such. To bec _ _ _ a barrister you mu _ _ first obt _ _ _ either an undergr _ _ _ _ _ _ degree i _ law (LLB), or an undergraduate degree i _ any other subj _ _ _ followed b _ the conversion cour _ _. The sec _ _ _ step invol _ _ _ one-year Bar Professional Training Course. The la _ _ stage i _ completed by pupillage, i.e. one year spe _ _ as a pupil in barristers' cha _ _ _ _ _. Solicitors are mem _ _ _ _ of the Law Society. T _ become a solicitor, you ne_ _ not be a law gra _ _ _ _ _, but i _ is t _ _ most straight forw _ _ _ route. Law graduates sta _ _ with one- year Legal Practice Course. Upon successful comple _ _ _ _, they underta _ _ practice-based trai _ _ _ _, kno_ _ _ as a training contr _ _ _. It i _ a two-ye _ _ contract dur_ _ _ which trainee solicitors gai _ experience of wor _ _ _ _ in a fir _ of solicitors. As pa _ _ of th_ training, trainee solicitors mu _ _ also success_ _ _ _ _ finish the Professional Skills Course. Barristers are members of the Bar Council of England and Wales and they generally operate in sets of 'chambers' but are not employed by a law firm as such. To become a barrister you first must obtain either an undergraduate degree in law (LLB), or an undergraduate degree in any other subject followed by the conversion course. The second step involves one-year Bar Professional Training Course. The last stage is completed by pupillage, i.e. one year spent as a pupil in barristers' chambers. Solicitors are members of the Law Society. To become a solicitor, you need not be a law graduate, but it is the most straight forward route. Law graduates start with one-year Legal Practice Course. Upon successful completion, they undertake practice-based training, known as a training contract. It is a two year contract during which trainee solicitors gain experience of working in a firm of solicitors. As part of the training, trainee solicitors must also successfully finish the Professional Skills Course. Based on: http://ox.libguides.com/content.php?pid=141334&sid=1205905 http://www.barcouncil.org.uk/becoming-a-barrister/how-to-become-a-barrister/ http://www.lawsociety.org.uk/careers/becoming-a-solicitor/ http://www.prospects.ac.uk/solicitor_entry_requirements.htm http://www.traineesolicitorsurgery.co.uk/how-to-become-a-solicitor B. the USA Read the text and translate the Czech words into English and compare becoming a judge in US and Czech Republic. Prospective lawyers in the USA need to finish four years of college with good grades and _ _ _ _ (složit) the Law School Admission Test. Then they _ _ _ _ _ _ (navštěvují) a law school for 3 years to get law degree. However, in order to practice law in a particular state, they need to be _ _ _ _ _ _ _ _ (přijati) into the State Bar. This is done by passing the bar examination. Once they clear the bar examination they are officially _ _ _ _ _ _ _ (dovoleno) to practice law in that state. Judges _ _ _ _ _ _ _ (předsedají) over local, state and federal courts and are either appointed or elected. The minimum educational requirement to be a judge in the United States is a bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority of judges have experience working as a lawyer. Most local and state judges are _ _ _ _ _ _ _ (voleni) in local elections. Some judges actively _ _ _ _ _ _ _ _ (vedou kampaň) for their position like congressmen. All federal judges are _ _ _ _ _ _ _ _ _ (jmenováni) by the president and serve a life term. NOTE: LL.B. = Bachelor of Laws, LL.M. = the Master of Laws juris doctorate = J.D.= U.S. professional doctorate Check with the key + comprehension & vocab (compare becoming a judge in US and Czech Rep.) Key: Prospective lawyers in the USA need to finish four years of college with good grades and pass the Law School Admission Test. Then they attend a law school for 3 years to get law degree. However, in order to practice law in a particular state, they need to be admitted into the state bar. This is done by passing the bar examination. Once they clear the bar examination they are officially allowed to practice law in that state. Judges preside over local, state and federal courts and are either appointed or elected. The minimum educational requirement to be a judge in the United States is a bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority of judges have experience working as a lawyer. Most local and state judges are elected in local elections. Some judges actively campaign for their position like congressmen. All federal judges are appointed by the president and serve a life term. Based on: http://www.mylawresource.com/index.php/legal-education/79-becoming-a-lawyer-in-the-usa http://www.ehow.com/way_5514286_requirements-become-judge-united-states.html http://wiki.answers.com/Q/How_can_you_become_a_judge. C. the Czech Republic The legal professions in the Czech Republic include judges, public prosecutors, attorneys, notaries and executors/bailiffs. Who are the following conditions necessary for? this can be done quicky as a class eliciting answers, or as a discussion in groups having no criminal record judge, attorney, public prosecutor, executor, notary a master‟s degree in law at a Czech university judge, public prosecutor, executor / a master‟s degree in law attorney, notary being a Czech citizen judge, public prosecutor, notary having passed a special examination judge, attorney, public prosecutor, executor, notary possessing the moral qualities that will guarantee they will exercise their function properly judge, attorney, public prosecutor at least 25 years old public prosecutor / at least 30 years old judge having completed necessary practice judge, attorney, public executor, executor, notary Legal Professions in the Czech Republic The conditions for being appointed a judge: Czech nationality, legal capacity, good character, university education, personal experience and moral qualities guaranteeing that the judge will duly perform his/her functions, passing a professional judicial examination, the age of 30 at the time of his/her appointment.