UNIT 2: THE LEGAL PROFESSION

The objectives of this unit are:

to develop skills in: to teach and practise
these language items:
Section Speaking Listening Writing Reading

A. The Legal ƒ Group discussion ƒ Supplying a ƒ Multiple-choice ƒ finding synonyms

Profession in the UK based on questions summary with the exercise to check the ƒ providing legal
ƒ Negotiating missing information understanding of the terms based on their
from the text main points definitions
ƒ Filling in a chart ƒ Intensive reading ƒ using relative
clauses
B. Choosing a Career ƒ expressing opinions ƒ Scanning ƒ collocations
ƒ giving arguments ƒ the language of
ƒ pair discussion advertising
prompted by a text
C. Notaries Public ƒ eliciting/ providing ƒ writing a list of ƒ predicting ƒ asking and
information issues ƒ scanning a answering questions
ƒ role play (dialogue) ƒ drawing up a power Romanian text ƒ matching
of attorney definitions with their
corresponding legal
terms
D. Round Up ƒ transferring
acquired information on
a chart
 UNIT THREE: THE LEGAL PROFESSION
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A
A..11.. Pre-reading discussion
W w aabboouutt tthhee lleeggaall pprrooffeessssiioonn iinn R
Whhaatt ddoo yyoouu kknnoow Room
maanniiaa??
Work in groups and try to answer as many of the following questions as possible:

1. What are the main branches of the legal profession in Romania?

2. What is the difference between a lawyer, a public prosecutor and a judge?
3. What basic responsibilities and duties do the above mentioned professionals have?
4. Do you know the necessary steps one must take in order to become a lawyer in Romania?
5. How are Romanian lawyers organized on national and local level?
6. Are there any major differences between the legal profession in our country and in Britain?

A..22.. R
A Reeaaddiinngg
You are going to read a text about the legal profession in the UK. Read the whole text and check your
understanding of the main points by completing each sentence below with the correct alternative
from a, b and c.

1. Lawyers may exercise their profession

(a) as lawyers, solicitors and barristers;
(b) as solicitors and barristers;
(c) as solicitors, barristers and judges
2. The controlling body for solicitors is:
(a) the Law Society
(b) the Inns of Court
(c) the Bar Council
3. All lawyers undergo an extensive period of education through:
(a) practical training
(b) formal academic learning
(c) both
4. In the case of solicitors the practical training takes the form of:
(a) one-year training
(b) two-year training
(c) three-year training
5. A barrister must join:
(a) one of the four Inns of Court
(b) the Inns of Court
(c) the Law Society
6. The barrister’s task is:
(a) to present the case
(b) to express the arguments on the client’s behalf
(c) both
7. Solicitors
(a) deal directly with the client
(b) ensure that the barrister chosen is properly and fully instructed
(c) do both of the above and some other tasks as well
8. Barristers have:
(a) limited rights of audience
(b) full rights of audience
(c) rights of audience in lower courts

2
 The legal profession is divided into two branches, barristers and solicitors. The former are
legal practitioners, who have been admitted to plead at the bar and who are engaged in conducting
the trial or argument of causes; they have exclusive right of audience in the Supreme Court. The
latter assemble the materials necessary for presentation in court and settle cases out of court.
They may also practise in most inferior courts, such as county courts and certain proceedings of
the Crown Court.

Each have their own controlling bodies - the Bar Council and the Law Society respectively -
and an intending lawyer must decide, at a relatively early stage in legal training, whether to
practise as a solicitor or a barrister, because apart from the initial period of legal education
(usually a law degree course) the two branches are mutually exclusive in terms of personnel and
training, although rather less so in terms of their work. The controlling bodies exercise strict
codes of professional ethics and standards of practice: this is one of the ways in which the
exclusivity of the profession, and its claim to produce high standards of work, are maintained. Both
bodies act as disciplinary agencies to deal with any alleged breach of these codes, and for serious
breaches a member of either branch of the legal profession may be “struck off”.

This exclusivity is further promoted by the impact of training and socialisation. All lawyers
undergo extensive periods of education, both through formal academic learning and through
practical training in legal work. In the case of solicitors, this practical training takes the form of a
two-year period, after obtaining a law degree and completing the one-year Legal Practice Course, in
a training contract with a firm of practitioners. For intending barristers, the period of training is
rather more complicated and less financially secure, but possibly more intensive because of the
immersion of the novice in the traditions and practices of the Bar. Apart from undertaking various
examinations in the law, the prospective barrister must also join one of the four Inns of Court,
where the life of the barrister is learned. The various rules and institutions of the Bar serve to
socialise the novice into the established ways of that branch of the profession, where customs,
traditions and etiquette play so great a part. Barristers’ professional, and often much of their
social, life involves an exclusive and somewhat socially isolated experience where the company in
which they move comprises, very often, other barristers and judges who are members of the same
Inn.
For many people, the image of the typical lawyer and his work is that presented in the formal
setting of the courtroom. Here, it is traditionally the barrister, in wig and gown, who presents the
case and expresses the arguments on the client’s behalf; the solicitor’s task is to deal directly with
the client, to ensure that the barrister chosen is properly and fully instructed, to collect and
collate all relevant evidence (such as witnesses, statements, letters, photographs and so on) and to
ensure that all relevant persons are present in court on the day of the trial.

This image of lawyers and their work is, however, somewhat misleading: the traditional
division of functions in the courtroom has gradually been broken down. Although only barristers
have full ‘rights of audience’ (that is, the right to address the judges’ bench directly on the client’s
behalf) in all courts, solicitors have full rights of audience, too, in magistrates’ and county courts,
and in some Crown courts.

Source: Harris, Phil (1997) An Introduction to Law, Butterworths

3
INFO BOX. Do you know what the following terms mean?

Inns of Court Bar Council

Any of the four autonomous institutions, one or
more of which English barristers must join to
receive their training and of which they remain
members for life: the Honourable Societies of
Lincoln’s Inn, the Middle Temple, the Inner
Temple, and Gray’s Inn. These powerful bodies
examine candidates for the Bar, “call” them to the
Bar, and award the degree of Barrister.
Garner, Bryan A (ed. in chief) (1999) Black’s Law
Dictionary St. Paul, Minn.: West Group
Crown Court
An English court having jurisdiction over major
criminal cases. Crown Courts date from 1971, when
they assumed the criminal jurisdiction of the Assize
Courts and all the jurisdiction of the Courts of
Quarter Sessions.
Garner, Bryan A (ed. in chief) (1999) Black’s Law
Dictionary St. Paul, Minn.: West Group
The Law Society
A professional organisation in England, chartered in
1845, governing the education, practice, and
conduct of articled clerks and solicitors. A clerk or
solicitor must be enrolled with the Law Society to
be admitted to he legal profession.
Garner, Bryan A (ed. in chief) (1999) Black’s Law
Dictionary St. Paul, Minn.: West Group
The common name for the General Council of the
Bar of England and Wales which in 1894 replaced
the Bar Committee. It comprised the Law Officers,
the Chairman and Vice-chairman, 48 elected
practising barristers, additional members appointed
on account of their position or to represent any
section of the Bar not adequately represented, and
persons co-opted Honoris Causa. It was supported
by contributions from the Inns of Court and
subscriptions. It issued rulings and gave guidance
on professional etiquette and conduct but had no
disciplinary power. It was concerned generally with
the independence, honour and integrity of the Bar
and the improvement of the administration of
justice. In 1974 it, and the Senate of the Four Inns
of Court, was replaced by the Senate of the Inns of
Court and the Bar and a new Bar Council came into
existence exercising through its Bar Committee,
exclusive jurisdiction in matters of professional
conduct and etiquette falling short of disciplinary
proceedings.
Walker, David (1980) The Oxford Companion to
Law OUP

A
A..33.. Fill in the blanks with words from the text.

The legal profession is divided into (1) _______ branches: (2) _______ and (3) _______.
Their controlling bodies are (4) _______ and (5) _______. Both bodies act as disciplinary agencies
to deal with any (6) _______ of their codes. For serious (7) _______ a member of either branch
of the (8) _______ profession may be “(9) _______”.
All lawyers undergo extensive periods of (10) _______, both through academic (11)
_______ and practical (12) _______ in legal work. In the case of solicitors this practical training
takes the form of a (13) _______ period. For (14) _______ the period of training is more
complicated. The prospective barrister must also join one of the four (15) _______, where the life
of the barrister is learned. Traditionally the (16) _______ in wig and gown (17) _______ the case
and expresses the arguments on the client’s (18) _______. The solicitor deals with the (19)
_______, chooses a properly and fully instructed (20) _______, collects relevant (21)
_______ and ensures that all relevant persons are present in (22) _______ on the day of the (23)
_______ . Although only barristers have full (24) _______ in all courts, solicitors have rights of
audience in (25) _______ courts, (26) _______ courts and in some (27) _______ courts.

4
A
A..44.. Study the following table and supply the missing information from the text.
SOLICITOR
A legal practitioner in the UK. The
position and the rights, duties, obligations
and privileges are now regulated by
statute. The UK still has a distinction on
the one hand between the ordinary lawyer
who is a man of affairs and a generalists
who (in England especially) does not
essentially appear in courts, and on the
other hand the barrister or advocate.
However, the distinction is becoming
blurred with the creation of the solicitor
advocate.
Stewart, W J & Robert Burgess (1996)
Collins Dictionary – Law Glasgow:
Harper Collins, Publishers
Controlling
body
Education and
training
Duties
Rights of
audience
A.5. Group discussion
1. Individually, on the basis of what you have read in the text, write down in one sentence what you
consider to be the most important difference between the way the legal profession is organised in
England and Romania.
2. Then read out what you have written to the members of your group, while one person acts as a
scribe, putting down the different ideas.
5
BARRISTER
A member of the Bar, the professional body of
barristers also known as Counsel or if the
Counsel has taken silk to become a QC –
Queen’s Counsel (or KC, King’s Counsel when
the monarch is male), Senior Counsel. The
barrister becomes such by virtue of being called
to one of the Inns of Court (Lincoln’s Inn, Inner
Temple, Middle Temple and Grays Inn). His
liability for mistakes is not the same as that of
other professional persons because of the public
interest in having litigation concluded. He is
bound by the ‘cab rank’ principle by which any
barrister in practice must accept any instructions
to appear before a court on a subject that he
professes to practice and at a proper fee. he has
a duty to the court that is paramount and so is
not in any sense a ‘mouthpiece’. His fees are an
honorarium not a contractually due payment and
so he cannot sue for them but may refer a
defaulting solicitor to the Law Society. Similar
terminology is used in the Republic of Ireland.
However a Senior Counsel there is a person
called to the Inner Bar by the Chief Justice with
the approval of he Government, and obviously
is not to be designated QC or KC.
Stewart, W J & Robert Burgess (1996) Collins
Dictionary – Law Glasgow: Harper Collins,
Publishers
3. Working together in your group, try to negotiate a single joint statement, which must then be
read aloud to the entire class.
4. Continue negotiating until you reach a final conclusion.
A
A..66.. L
Laanngguuaaggee W
Woorrkk
A
A..66..11.. Laanngguuaaggee A
L Awwaarreenneessss
Read the text once again and try to answer the questions on the left:

6
1. Does the underlined word mean
‘practising’ lawyer?
2. Can you replace this infinitive with
a that clause? Is it a good idea to do
this?
3. Can you say ‘a two-years period’?
Why (not)?
4. Can you rephrase this expression
using another one with the same
meaning?
5. Explain the role of this construction.
6. Could you replace ensure with
assure?
LANGUAGE BOX
TO ASSURE = to tell (sb) positively or confidently [e.g. I assure you they’ll be
TO ENSURE = to make sure, guarantee [ e.g. The book ensured his success.
The legal profession is divided into two branches, solicitors and
barristers. Each have their own controlling bodies - the Law Society and
the Bar Council respectively - and an intending lawyer must decide, at a
relatively early stage in legal training, whether to practise as a solicitor
or a barrister, because apart from the initial period of legal education
(usually a law degree course) the two branches are mutually exclusive in
terms of personnel and training, although rather less so in terms of
their work. The controlling bodies exercise strict codes of professional
ethics and standards of practice: this is one of the ways in which the
exclusivity of the profession, and its claim to produce high standards of
work, are maintained. Both bodies act as disciplinary agencies to deal
with any alleged breach of these codes, and for serious breaches a
member of either branch of the legal profession may be “struck off”.
This exclusivity is further promoted by the impact of training and
socialisation. All lawyers undergo extensive periods of education, both
through formal academic learning and through practical training in legal
work. In the case of solicitors, this practical training takes the form of
a two-year period, after obtaining a law degree and completing the one-
year Legal Practice Course, in a training contract with a firm of
practitioners. For intending barristers, the period of training is rather
more complicated and less financially secure, but possibly more intensive
because of the immersion of the novice in the traditions and practices
of the Bar. Apart from undertaking various examinations in the law, the
prospective barrister must also join one of the four Inns of Court,
where the life of the barrister is learned. The various rules and
institutions of the Bar serve to socialise the novice into the established
ways of that branch of the profession, where customs, traditions and
etiquette play so great a part. Barristers’ professional, and often much
of their social, life involves an exclusive and somewhat socially isolated
experience where the company in which they move comprises, very
often, other barristers and judges who are members of the same Inn.
For many people, the image of the typical lawyer and his work is
that presented in the formal setting of the courtroom. Here, it is
traditionally the barrister, in wig and gown, who presents the case and
expresses the arguments on the client’s behalf; the solicitor’s task is to
deal directly with the client, to ensure that the barrister chosen is
properly and fully instructed, to collect and collate all relevant evidence
(such as witnesses, statements, letters, photographs and so on) and to
ensure that all relevant persons are present in court on the day of the
trial.
This image of lawyers and their work is, however, somewhat
misleading: the traditional division of functions in the courtroom has
gradually been broken down. Although only barristers have full ‘rights of
audience’ (that is, the right to address the judges’ bench directly on the
client’s behalf) in all courts, solicitors have full rights of audience, too,
in magistrates’ and county courts, and in some Crown courts.
Source: Harris, Phil (1997) An Introduction to Law, Butterworths
perfectly safe with us]
7
 Please ensure that all the lights are switched off at night.]
TO INSURE sb./smth. (against) = to make a contract that promises to pay
somebody an amount of money in case of accident, injury, death,
etc., or damage to or loss of something [I lost my camera on
holiday and I wasn’t insured for it. All our household goods are
insured against accidental damage.]
Hornby, A S (1989) Oxford Advanced Learner’s Dictionary OUP

A
A..66.. 22 Find synonyms in the text for the following words or expressions:
11.. authority having the power to control something e.g. controlling body
22.. breaking or neglecting of a law/ agreement ____________
33.. to collect together and arrange ____________
44.. unwritten laws observed by members of a profession ____________
55.. hall in which a court is held ____________
66.. inexperienced person/ beginner ____________
77.. information proving something ____________
88.. involve oneself in something ____________
99.. person summoned to testify in court ____________
1100.. removed from membership of a professional body ____________
1111.. rules of conduct observed by professional groups ____________
1122.. staff ____________
1133.. stated without being proved ____________
1144.. the seat of a judge in court ____________
1155.. to work as a lawyer/doctor ____________

A
A..66..33 Further Vocabulary Practice
How many words have you learned so far?
Provide the legal terms corresponding to the following definitions:

11 e.g. Magistrate’s Court aa its principal function is to provide the forum in which all criminal
prosecutions are initiated; it has limited jurisdiction in civil matters
22 bb any of the civil courts forming a system covering all of England and
Wales
33 cc the right of an advocate to be heard in legal proceedings

44 dd part of the Supreme Court of Judicature which has an unlimited

jurisdiction over all criminal cases tried on indictment and also acts as
a court for the hearing of appeals from magistrates’ courts
55 ee person who is trained and qualified in legal matters

66 ff a legal practitioner admitted to plead at the Bar, acting for parties in

courts and tribunals; s/he also undertakes the writing of opinions
77 gg a state official with power to adjudicate on disputes and other matters
brought before the courts for decision
88 hh a body established by law for the administration of justice by judges
and magistrates
99 ii a justice of the peace (JP) sitting in the lowest court; most of them
are lay persons and have no formal legal qualifications
1100 jj the professional body for solicitors in England and Wales furthering
the professional interests of solicitors
1111 kk a legal practitioner who possesses a practising certificate; undertaking
the general aspects of giving legal advice and conducting legal
proceedings

8
1122 ll person who argues a case for a client in court
1133 mm a representative organisation for furthering the interests of barristers
1144 nn ancient legal societies situated in central London; every barrister must
belong to one of these societies
1155 oo a person who judges less serious cases in a local lawcourt; a magistrate
Definitions adapted after Oxford Dictionary of Law (1997) OUP and Oxford Advanced Learner’s Dictionary(1989) OUP
A
A..66..44 Grammar focus
Study the following examples from the text. What is the function of the underlined part in each
sentence? Is it possible to remove the underlined words in either of the sentences and still retain the
main sense?

1. … the prospective barrister must also join one of the four Inns of Court, where the life of the barrister
is learned.
2. … the company in which they move comprises, very often, other barristers and judges who are members
of the same Inn.

Now check the following grammar box, in which the two types of relative clauses are defined.

RELATIVE CLAUSES
DEFINING NONDEFINING
A defining relative clause specifies which person
or thing we mean. It cannot be separated from the A non-defining relative clause contains extra
person or thing it describes. information. In writing it is separated by
commas, and in speech, if used at all, is usually
indicated by intonation.
E.g. She despised men who were weak.
[She despised those men who were weak.]

E.g. She despised men, who were weak.

[She despised all men; they were weak.]

Can you find any other examples of defining and nondefining relative clauses in the text?

First match the beginnings of the sentences in column I with their endings in column II. Then consider
whether a comma is necessary to separate them. When both a defining and a non-defining relative
clause can be used, try to find the difference of meaning between them. See the examples below.

a. The judge addressed the jury members whose attention had been captured by the defending lawyer.
(only those jurors who were fascinated with the defence plea)
b. The judge addressed the jury members, whose attention had been captured by the defending lawyer.
(all the jurors)

11 22 33 44 55 66 77 88
GG

9
I II
1. The judge addressed the jury members… A. … where people could take their cases if they
were dissatisfied with common law rulings.
2. Equity used to be administered in the Court B. … who is guilty of professional misconduct…
of Chancery…
3. A barrister … … may be disbarred. C. … for breach of which he is liable to an
action for damages.
4. The solicitor owes a contractual duty of care D. … which include giving advice to clients, and
to his client… preparing legal documentation.

5. Solicitors have functions… E. … to create new rules of law when none

exists to solve the case.
6. Judges have discretionary power… F. …whose task is to present his client’s case
effectively in court.
7. Anyone… … must undergo training at one of G. … whose attention had been captured by the
the four Inns of Court. defending lawyer.

8. A barrister is an advocate… H. … wishing to specialise as a barrister.

10
SSeeccttiioonn B
B C
CHHO
OOOSSIIN
NGGA
ACCA
ARRE
EEER
R
BB..11.. Would you like to work for a large or a small firm of lawyers? Scan the advertisements for legal
positions below and choose one such job that might appeal to you.

11
12
13
 B
B..22.. Present your choice in front of the class by supporting it with arguments including:
¾
¾ educational and experience requirements you might have/be able to meet
¾
¾ advantages and disadvantages of accepting such a position
¾
¾ responsibilities/duties involved
¾
¾ specific skills required (computer and keyboard skills; communication skills; administrative and analytical
skills)
¾
¾ personal qualities (adaptability, decisiveness)
¾
¾ financial/career benefits and satisfactions that working in that particular branch might offer you.
Has the presentation of the ad (choice of words, style, layout) influenced you in any way?

B
B..33.. L
Laanngguuaaggee aaw
waarreenneessss
TThhee aaddvveerrttiisseem meennttss aabboovvee ccoonnttaaiinn ccoollllooccaattiioonnss ((rreegguullaarr ccoommbbiinnaattiioonnss ooff wwoorrddss)) ddeessccrriibbiinngg sskkiillllss oorr
aabbiilliittiieess rreeqquuiirreedd ooff aapppplliiccaannttss ffoorr vvaarriiou
ouss jjoobbss.. DDeecciiddee w whhiicchh vveerrbbss iinn tthhee ccoolluummnn ccaann bbee ccoom mbbiinneedd
w i t h t h e n o u n s p r i nt e d i n t h e r o w b e l o w . T h e n
with the nouns printed in the row below. Then scan the texts to find some more examples.s c a n t h e te x t s t o f i nd s o m e m o r e e x a m p l e s .

recommen- research horizons knowledge matters legal case- work- Ability

dations /development team load load
make √
undertake
adapt to
demonstrate
contribute to
handle
decide
extend
do
expand

BB..44.. Read the following text and, in pairs, discuss the issues prompted by the questions
on the right. Then compare your answers with the rest of the class.

Even lawyers with the same qualifications and professional titles may be a. How do Romanian
doing very different kinds of work. Most towns in the United States, for lawyers practise law?
example, have small firms of attorneys who are in daily contact with What is the general
ordinary people, giving advice and acting on matters such as consumer
tendency nowadays?
affairs, traffic accident disputes and contracts for the sale of land. Some
may also prepare defences for clients accused of crimes. However, in both
the United States and other industrialized countries, lawyers are becoming
more and more specialised. Working in small firms, lawyers now tend to
restrict themselves to certain kinds of work, and lawyers working in large
firms or employed in the law department of a large commercial enterprise
work on highly specific areas of law. One lawyer may be employed by a b. Provide examples for
mining company just to ____________________(1). Another may work for the type of work that
a newspaper ______________________ (2). Another may be part of a lawyers in situations (1),
Wall street firm of over a hundred lawyers who specialise in (2) and (3) may have to
___________________ (3).
do.
As well as the type of work, the working conditions and pay among
members of the legal profession also vary greatly. 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 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 c. Which branch of legal

14
 procedures may have to restrict salaries in order to stay in business. There professionals enjoys the
are lawyers in developing countries whose business with fee-paying clients highest financial rewards?
subsidizes the work they agree to do for little or no payment for citizens’
rights groups. (…) In countries where the government ensures that all people
have access to a lawyer in an emergency, there are firms that specialize in
dealing with people who would not be able to pay for legal services out of
their own pocket. For example, in England anyone facing criminal prosecution
is entitled to choose a firm of lawyers to represent him. If his income is d. Are Romanian citizens
below a certain level he will not be asked to pay: the firm will keep a record entitled to free legal
of its costs and will apply to the government-funded Legal Aid Board for assistance? In criminal or
payment. civil cases?
Adapted after Powell, R. (1993) Law Today Longman

SSeeccttiioonn C
C N
NOOTTA
ARRIIEESS PPU
UBBLLIIC
C
C
C..11..11.. In the definitions of the documents below, the headwords are missing. Supply them correctly, by
choosing from among the ones in the box.
power of attorney will affidavit statement instrument
codicil deed conveyancing document
1. __________________ = official power which gives someone the right to act on someone’s behalf in legal
matters
2. __________________ = written statement which is signed and sworn before a solicitor and which can
then be used as evidence in court hearings
3. __________________ = a general term for a legal document
4. __________________ = declaration of fact; an allegation by a witness
5. __________________ = legal document by which a person gives instructions to his executors as to how his property should
be disposed of after his death
6. __________________ = a later addition to a will, especially one that changes part of it
7. __________________ = legal document which has been signed, sealed and delivered by the person making it
8. __________________ = document which legally transfers a property from a seller to a buyer
Definitions adapted after Collin, PH (1986) Dictionary of Law Peter Collin Publishing and Oxford Advanced Learner’s
Dictionary(1989) OUP
C
C..11..22.. Which of the following legal professionals are entitled to perform notarial functions.

judges barristers notaries public justices of the peace counsels consuls

solicitors ambassadors attorneys lawyers legal advisors magistrates

C. 2. INFO BOX

In most civil law countries, the practising legal profession is officially divided to some extent, at least
between lawyers and notaries. The notary occupies a special position in civil law systems. Unlike the common
law figure with the same name, the civil law notary is an important legal personage. The notary has three
major functions: drafting certain documents, such as marriage contracts, wills, mortgages, and conveyances;
certifying documents which then have a special evidentiary status in court proceedings; and serving as a
depository for the original copies of wills and the like.
There are a limited number of notary’s offices established by law. A law graduate who wishes to be a
notary must pass a special examination and then for a vacancy.
Unlike the regular lawyer, a notary is supposed to be impartial and to instruct and advise all parties
involved in the transactions he/she handles. Because of the nature of these transactions, the notary often
becomes a trusted family legal advisor whose assistance is needed in connection with the property aspects of
such major events as marriages, divorces and death of a family member.
There are very few notaries public in England, and most are also practising solicitors. The few
specialist notaries practise in London, where they deal mainly with the preparation of documents for use in
foreign countries.

15
 Sources: Glendon, Mary Ann, Michael Wallace Gordon & Christopher Osakwe (1994) Comparative Legal Traditions St. Paul,
Minn.: West Publishing Co. &Litigation 2000: Courts , Judges and Lawyers???

A notary public has functions that in the UK are performed by solicitors or government
departments. (A)Can you draw up a list of the main responsibilities of a Romanian notary taking
into account the information in Romanian below? (B)On what conditions may a law graduate
become a notary public in Romania?

LEGEA NR. 36 DIN 12 MAI 1995 A NOTARILOR PUBLICI ŞI A ACTIVITĂŢII NOTARIALE

Cap. 1 Dispoziţii generale

Art. 3 Notarul public este investit să îndeplinească un serviciu de interes public şi
are statutul unei funcţii autonome.
Art. 4 Actul îndeplinit de notarul public, purtând sigiliul şi semnătura acestuia, este
autoritate publică şi are forţa probantă prevăzută de lege.
Art. 5 Actele notariale pot fi efectuate şi de misiunile diplomatice şi oficiile
consulare ale României, precum şi de alte instituţii în condiţiile şi limitele
prevăzute de lege.

Cap. 2 Competenţa notarilor publici

Art. 8 Notarul public îndeplineşte următoarele acte notariale:
a) redactarea înscrisurilor cu conţinut juridic, la solicitarea părţilor;
b) autentificarea înscrisurilor redactate de notarul public, de parte personal sau de
avocat;
c) procedura succesorală notarială;
d) certificarea unor fapte, în cazurile prevăzute de lege;
e) legalizarea semnăturilor de pe înscrisuri, a specimenelor de semnătură, precum şi
a sigiliilor;
f) darea de dată certă înscrisurilor prezentate de părţi;
g) primirea în depozit a înscrisurilor şi a documentelor prezentate de părţi;
h) actele de protest al cambiilor, al biletelor la ordin şi al cecurilor;
i) legalizarea copiilor de pe înscrisuri;
j) efectuarea şi legalizarea traducerilor;
k) eliberarea de duplicate de pe actele notariale pe care le-a întocmit;
l) orice alte operaţiuni prevăzute de lege.
(…)
Art. 16 Notar public poate fi cel care îndeplineşte următoarele condiţii:
a) are numai cetăţenia română şi domiciliul în România şi are capacitatea de
exerciţiu a drepturilor civile;
b) este licenţiat în drept – ştiinţe juridice – sau doctor în drept;
c) nu are antecedente penale;
d) se bucură de o bună reputaţie;
e) cunoaşte limba română;
f) este apt din punct de vedere medical pentru exercitarea funcţiei;
g) a îndeplinit timp de doi ani funcţia de notar stagiar şi a promovat examenul de notar
public sau a exercitat timp de cinci ani funcţia de notar, judecător, procuror, avocat sau o
altă funcţie de specialitate juridică şi dovedeşte cunoştinţele necesare funcţiei de notar
public.

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C
C..33.. Notary public/client role-play

A foreign businessman who has been working in Romania for some years has to return urgently to
the UK. He has no time to sell his flat therefore, he must give power of attorney to a British
colleague who will act on his behalf.
One of you is the client and one of you the notary. You have a 15-minute appointment to discuss the
situation and collect the necessary data. Use the information on the role cards given to you by your
teacher.
What kind of questions would the notary public ask the client in order to elicit this information?

USEFUL PHRASES:

Eliciting information Asking for an expert opinion

How could I be of help to you? What would you advise me to do?

What can I do for you? I wonder if you could help me to …?
Would you please enlarge upon …? What, in your opinion, would be the ….?
Could you repeat that? Would you like to/be so kind (as) to explain …?
Please say that again. How could I …?
Sorry? Pardon? Where would I find ….?
I’m afraid I didn’t (quite) understand/ catch Do you really think I should …?
what you said. Would you agree that …?
What exactly do you mean by XXX ?
Tell me some more about …
Would you care to detail the situation?
What has led you to …?
I would like you to define/ explain/ describe …

Making polite requests

Can you/will you/ would/could you …?

Would you mind …?
I wonder if you could …?
Do you think you could …?
I wish you would…
I would like you to …
I would appreciate it if you could …
Would you be good enough/so kind (as) to …?
You should take into consideration …
You might consider …

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C.4. Writing.
Now on the basis of your discussion draw up a power of attorney using the information you elicited.
Guide yourselves after the following example:

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS that I, ( name) of

(address) do hereby constitute and appoint my attorney (name and address)
as my Attorney in Fact, to act in my name, place, and stead for the purpose of
signing all documents of every nature, type and kind with regard to the sale of
land and premises located at (address) , for he total sale price of
(figures) , said land and premises being more particularly described as
follows: (description of the property)
___________________________________________________________.

FURTHER, my Attorney, ( name) , is hereby authorised and

empowered to take such action and to sign and execute any and all instruments
of every nature and kind as may be required in order that the above-described
premises may be sold.

Dated at (palce) , this (figure) day of (months), (year).

In presence of:
_____________________ _____________________
(Witness) (Signature)

State of ,
County
At (place) , this (figure) day of (months), (year).
personally appeared (name) who acknowledged the above
instrument, signed and sealed by her, to be her free act and deed.
____________________
Notary Public

Section D
D : ROUND-UP

Use this space to record useful language related to the topic of this unit.

___e.g. conveyancing document ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

__________________________ ______________________________

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