UNIT 5

1. COURT STRUCTURE IN THE U.S.

As you may already know, in the US we have two separate court systems: the federal and the
state system. As for their specific activities, you need to know that federal courts hear criminal
and civil cases involving federal law. And you might expect that they also hear cases that involve
parties from different states, when the amount in dispute is more than $10,000. Federal courts
are known as the US District Courts. If you lose a trial in a US District Court, you may be able to
appeal to the US Circuit Court of Appeals in your region. And there are 13 circuit courts. The
court of final appeal is, of course, and you probably know this, the US Supreme Court.

Now, a few words about the court system. Most state courts... systems resemble the federal
courts in structure and procedure. All states have trial courts. They’re called county, or municipal
courts, depending on the state. State courts are often specialized to deal with specific legal
areas, such as family, traffic, criminal, probate, and small claims.

Let’s see what kind of cases the specialized courts actually hear. As expected, the family or
domestic relations courts hear actions involving divorce, separation, and child custody. They may
also hear cases involving juveniles and intrafamily offenses, for example fights within the family.
What do you think traffic courts do? … If you think they hear actions involving violations
committed by people while driving motor vehicles, you’re right again. Criminal courts hear cases
involving violations of laws for which violators could go to jail. Probate courses ... courts, excuse
me, handle cases involving wills and claims against the estates of people who die with or without
a will. And finally, small claims courts hear cases involving small amounts of money; and
depending on the state, the maximum amount may be $500, 750 or 1000. What’s special about
the small claims court is that individuals may bring cases to these courts without lawyers and the
court fees are very low. And fees are really low in these courts, making them affordable to most
people.

Now, let’s look at the court system from a different angle. What can you do if you lose your case
in a trial court? Of course you may appeal to an intermediate court of appeals or, in some states,
directly to the state supreme court. If a decision of the state supreme court involves only state
law, it can’t be appealed any further. The highest court in each state has the final say on the
interpretation of state laws and the state constitution, that is the laws and the constitution of
each and every state. And finally, if a state supreme court decision involves some federal law or
federal constitutional issue, it can then be appealed to the US Supreme Court.

Within the judicial branch, authority is divided between state and federal (national) courts. At
the head of the judicial branch is the Supreme Court, the final interpreter of the Constitution,
which consists of a chief justice and eight associate justices, and has jurisdiction over all other
courts in the nation. The Supreme Court hears cases in which someone claims that a lower court
ruling is unjust or in which someone claims that Constitutional law has been violated.

Its decisions are final and become legally binding. Although the Supreme Court does not have
the power to make laws, it does have the power to examine actions of the legislative, executive
and administrative institutions of the government and decide whether they are constitutional. It
is in this function that the Supreme Court has the potential to influence decisively the political,
social, and economic life of the country by giving new protection and freedom to the minorities,
for example, or by nullifying certain laws of the Congress, or even declaring actions of American
presidents unconstitutional.

The Supreme Court justices have no obligation to follow the political policies of the president or
Congress. Their sole obligation is to uphold the laws of the Constitution. However, the Supreme
Court, by choosing the cases it wishes to review, sets the tone of the judicial system. Supreme
Court decisions can affect the lives of all Americans and change society significantly.

2. Civil Courts in England and Wales

As the English legal system has evolved mainly through case law, in the structure of the courts
inferior courts are bound by the decisions made by the High Court. Similarly, the High Court is
generally bound by the decisions made by the Court of Appeal and the House of Lords. The court
which deals with a case for the first time, as opposed to a court where the case goes on by way
of appeal, is known as the court of first instance.

The High Court

The High Court includes the Royal Courts of Justice, based in London, as well as other branches,
known as District Registries, in larger towns throughout England and Wales. The High Court
consists of three divisions:

a) Chancery Division, which deals with matters such as trusts and disputes about ownership of
land, and also includes the Companies Court and the Patents Court.

b) Family Division, which deals with family matters such as some defended divorce cases,
legitimacy, and adoption.

c) The Queen’s Bench Division, the most used division of the High Court, which deals with all
matters that are not specifically allocated to the other divisions (e.g. contract and tort). It
includes the Admiralty Court and the Commercial Court.

Appeals against decisions made in the High Court can be made to the Court of Appeal. High
Court judges are appointed from the ranks of barristers and solicitors. They hear cases, and also
some legal matters which may be heard in private in the judge’s room (or chambers) and do not
have to be heard in open court. All judges in the different divisions of the High Court have
considerable judicial powers. Some of them may be promoted to the Court of Appeal or even to
the House of Lords. The Lord Justices of Appeal must either be judges already or barristers of 15
years’ standing.

The County Court

Each district in England and Wales has its own county court and a District judge is responsible for
his own court. Some of the larger courts in urban areas have more than one District judge, while
in some of the smaller areas several courts are grouped together with just one District judge
between them. A District judge is appointed by the Lord Chancellor and is a solicitor or barrister
of some years’ standing. Circuit judges, who travel from one court to another, also hear cases in
the county courts. A circuit judge must have been a barrister of 10 years’ standing.

Besides hearing civil litigation cases, some county courts, but not all, may deal with certain
divorce cases, admiralty, bankruptcy and race relations matters. Certain types of proceedings
relating to copyright, designs and patents may also be heard in county courts, but an even wider
range may be heard in the Patents County Court.

3. QUALIFICATIONS OF JURYMEN

The basic qualification of jurymen is that of citizenship as evidenced by inclusion in the Electoral
Register. Anyone between the ages of 18 and 65 registered as an elector who has lived in
England or Wales for five years or more since the age of 13 becomes liable for jury service.
Payments in respect of jury service for travelling, subsistence and financial loss are made to
jurors. Anyone who has been imprisoned in the past ten years is disqualified from serving on a
jury as is anyone who has been on probation during the previous five years.Peers, judges, M.P.s,
clergymen, barristers, solicitors, medical practitioners, members of H.M. Forces and police
officers are among the persons exempt from jury service. Mentally ill persons are illegible.

Note:The word “jurors” is preferred today to the rather old-fashioned “jurymen”

UNIT 6 INTELLECTUAL PROPERTY

4.Forms of protection for intellectual property

Intellectual Property law comprises a wide range of forms of protection for intellectual property.

These are the Intellectual Property Rights and each of them is tailored to protect a particular
type of intellectual property.
Choose for each description the right type of intellectual property.

a. This right protects the way in which a commercially produced article ‘looks’, the drawing or
the depiction of an original pattern, model, shape, or configuration that is chiefly decorative or
ornamental.

Cloze (1): design

b. This is a word or symbol used by a manufacturer or seller to distinguish the owner’s product(s)
from those of others. Its main purpose is to guarantee a product’s genuineness.

Cloze (2): trademark

c. This is a monopoly right granted by the government to an individual who has invented a
product or process.

Cloze (3): patent

d. This is a property right in an original literary, dramatic, artistic, photographic or musical work.
It also provides protection for sound recordings, films and published editions of literary works,
giving the holder the exclusive right to reproduce, adapt, distribute, perform and display the
work.

Cloze (4): copyright

You Should Know

The following words have something in common. What is it?

aspirin, escalador, cellophane, frigidaire, biro, sandwich, china

All of them were originally trademarks.

5. PROFILE OF A CONTEMPORARY OFFENDER

11 p.m.

Home after a full holiday with his college mates, Paul K. sits down at his desk in front of his
computer and opens it with a thrill: ‘The government’s most secure computer system… Tell me
about it! You are all going to see who Paul K. is…’

He taps in a few letters. ‘A crossword puzzle’, he mumbles, ‘… just a matter of time to find the
right key to it. … the good guys from the government will leave me all the time in the world! Oh!
… but I’ll lose my bet to Mike and Josh if I don’t get there by tomorrow noon… So, pleasant
dreams everybody. Paul is off to work!’

4 hours later…

‘This is it!… I’ve got it… I’ve got the key! Congratulations Paul K., you are a genius!… and all the
world will soon share your revelation!’ He opens the first file on the screen: ‘Now let’s see…
confidential… from the Ministry of Justice to the Ministry of Finance… nice… that’s right!… wow!
See this one: highly confidential… to the President… how interesting!…’ He goes on wandering
through the files: ‘Classified... Government strategy bla bla bla... Code to procedures bla bla...
Good. Now let’s leave them a nice original message:’

”Everybody (clap your hands): PK Witty Is the smartest in the city. Tell us why we can’t lay hands
on the guy (Repeat) “

The paragraphs in the article below have been jumbled. Try to rebuild the text by putting the
paragraphs in a logical order. The first paragraph has been indicated.

6. CIVIL LIBERTIES AND CYBER CRIME FIGHT

A-

Cloze (1):

Critics say the treaty could easily be amended to allay most of their concerns. Unfortunately, it is
not clear whether there will be many changes before the Council finalises the convention, as
early as next month.

B-

Cloze (2):

What terrifies US civil liberties groups is that the same new powers exercised by the Feds will be
granted to policemen from countries that lack a strong tradition of limiting police power. To
compound the problem, US companies will in most cases have to comply with foreign
investigators, even when they are investigating activities that are not crimes on US soil. No
American likes the idea of police sniffing around the digital homestead.

C-

Cloze (3):
Besides, the Americans are concerned with the requirement from virtually every company that
links one computer to another to produce data which the government might want about any
crime. Business groups point out that the convention subtly invites a further violation of privacy
by insisting that law enforcement bears none of the cost of storing or producing computer data
law enforcers might need.

D-

Cloze (4):

The treaty’s core aim: to ensure that activities such as hacking and the release of computer
viruses are highly criminalised raises no concern in itself. The argument, however, is about the
balance between liberty and law enforcement. US critics say the convention drawn up by the
Council of Europe – a body with the mission of promoting democracy – favours enforcement
giving police broad new powers of surveillance in the digital world without protecting individuals
from the invasion of privacy which online surveillance could entail.

E-

Cloze (5):

But cost is not their only concern. The convention also invites potential civil liberties violations
through its provisions on corporate liability. As the treaty now stands, corporations are to be
held liable for the online activities of their employees, whether or not they were aware of them.
That will encourage employers either to increase monitoring of their employees or to cut them
off from the internet.

F-1

Technologies always render law enforcers temporarily impotent. In its early days, the telephone
was a perfect tool for criminals. But then came the wire tap: the law always catches up with
technology in the end.

G-

Cloze (6):
The challenge is to tame the lawlessness of the internet without leaving it shackled in chains of
state control. Democratic governments learned long ago how to balance the demands of liberty
and law enforcement in the offline world. Is it too much harder to do the same in cyberspace?

H-

Cloze (7):

Now even the most perfectible of criminal technologies, the free and lawless internet, is about
to be nabbed. Perhaps as early as today, European negotiators will finish the final draft of a
treaty on law enforcement in cyberspace under the auspices of the Council of Europe, a nation
intergovernmental body. Several other non- European governments, including US, have worked
on the treaty with the aim of eventually signing it.

A - 4;

B - 5;

C - 6;

D - 3;

E - 7;

F - 1;

G - 8;

H - 2.

computer fraud and others

Paragraph 1

Computer fraud makes headline news and it is thought that the number of cases of fraud
detected and prosecuted are just the tip of the iceberg. For example, a hacker could create an
account in his own name, followed by instructions via a computer terminal to the main
computer to transfer large sums into that account. The largest computer fraud ever attempted
was the transfer of $ 70 million from a National Bank to one of its employees. That is certainly
more attractive than walking into a bank with a shotgun. There seems to be a feeling that
stealing money or property by using one’s own brains to defeat a computer system is something
to be applauded and is not really serious crime. However, this sort of crime causes great anxiety
in the commercial world and is considered by authorities to be very serious.

Paragraph 2
A hacker may also release ‘viruses’ or ‘worms’ into computer systems. Viruses are computer
programmes designed to play practical jokes or, more seriously, destroy data and damage
computer files. Worms are designed to slow down the computer systems, but do not destroy
data.

Paragraph 3

A more sinister side to computer hacking is the case of computer systems concerned with ‘high-
risk’ activities such as the control of nuclear power stations, defence systems, airplane flight
control and hospital records. The dangers stemming from hacking into these systems is self-
evident and the potential for terrorism is worrying. Ultimately, the key to overcoming the
problems lies with those responsible for computer systems in high risk areas to make sure that
the systems are as secure as possible.

Paragraph 4

There is disagreement on how hackers should be punished. Many people feel that hackers are
dangerous and should receive jail terms and pay large fines like other white-collar criminals.
Others argue that hackers break into systems as a hobby, do not intend any harm, and can be
rehabilitated. The latter could add that the enthusiastic young hacker has done the computer
industry a great service by highlighting the deficiencies in the security aspects of many computer
systems. Some are of the opinion that rather than subjecting these hackers to criminal
proceedings, perhaps the computer industry should consider making use of their skill and
expertise. And maybe one day, a great computer corporation will sponsor a computer hacking
scholarship for the purpose of increasing knowledge and understanding of computer systems.

8. VAT PAYABLE ON FAKE PERFUMES

The European Court of Justice ruled recently that, under European law, Value Added Tax is
payable on the supply of counterfeit perfumes.

Two British traders, John Goodwin and Edward Unstead, were accused of being involved in the
manufacture and sale of counterfeit perfumes without being registered for Value Added Tax
purposes.

As part of their defense to criminal proceedings in the UK, the defendants argued the European
VAT legislation precluded the charging of VAT on the manufacture, production, distribution and
sale of counterfeit perfume products.

That argument was rejected by the trial judge, but on appeal, the English Court of Appeal
expressed the view that VAT was payable on the sale of counterfeit perfumes for consideration.
(1) , as it was uncertain of the matter, it stayed proceedings (2) referred the issue to the
European Court of Justice in Luxembourg for a proper interpretation of the relevant European
legislation.

The European Court first referred to the European legislation, which provides that VAT is payable
in two instances.

(3) , it is payable on the supply of goods or services effected for consideration within the
territory of a country by a taxable person acting as such.

(4) , VAT is payable on the importation of goods. The legislation sets out to achieve
harmonisation in the area of VAT and is based on the principle of fiscal neutrality.

(5) levying VAT, that principle excludes differentiation between lawful and unlawful
transactions.

(6) , there is an exception to the charging of VAT where, because of the special
characteristics of certain products, all competition between a lawful economic sector and an
unlawful section is precluded.

The defendants argued that there was no lawful market in counterfeit perfumes in the UK. Such
a contract of sale would be void for illegality and would also infringe various rights, such as
copyright and trademarks.

In earlier judgements the European Court ruled that VAT was not payable on the unlawful
importation of drugs into the European Union or unlawful supply of similar products for
consideration within an EU member state in so far as such products are confined within
economic channels strictly controlled by the competent authorities for use for medical and
scientific purposes.

(7) , in those earlier cases, the Court decided that the provisions of European legislation
concerning VAT did not apply to products which, because of their special characteristics, may not
be placed on the market or incorporated into economic channels.

This exception did not apply to the supply of counterfeit perfumes in the present case since they
where not goods which cannot be placed on the market because of their

intrinsic nature or special characteristics.

(8) transactions concerning counterfeit perfumes infringe certain rights, such as trademarks
and copyright, any resulting prohibition on their supply is not linked to their special
characteristics but merely reflects the detrimental impact on the rights of third parties.

(9) , there is a possibility of competition between counterfeit perfume products and lawfully
traded perfume products.

There is a lawful market for trade in perfume products on which the supply of counterfeit goods
may have a specific impact.

(10) such goods cannot, unlike narcotics and counterfeit currency, be regarded as falling
outside normal commercial channels of commerce.

(11) , VAT was payable in full on the goods in the present case.

(adapted from Financial Times, 9/6/98)

Your score is 2/11.

(1) However

(5) For the purposes of

(9) Furthermore

(2) and

(6) However

(10) Thus

(3) First

(7) In effect

(11) As a result

(4) Second

(8) Although
UNIT 7 LEGAL CAREERS I
1. THE LEGAL PROFESSION IN THE UK

The legal profession in the United Kingdom 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, P. An Introduction to Law, Butterworths (1997)

1. Lawyers may exercise their profession

a) as lawyers, solicitors and barristers

b) as solicitors and barristers

c) as solicitors, barristers and judges

Feedback B - Correct Option

2. The controlling body for solicitors is:

a) the Law Society

b) the Inns of Court

c) the Bar Council

Feedback A - Correct Option

3. All lawyers undergo an extensive period of education through:

a) practical training

b) formal academic learning

c) both

Feedback C - Correct Option

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

Feedback B - Correct Option

5. A barrister must join:

a) one of the four Inns of Court

b) the Inns of Court

c) the Law Society

Feedback A - Correct Option

6. The barrister’s task is:

a) to present the case

b) to express the arguments on the client’s behalf

c) both

Feedback C - Correct Option

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

Feedback C - Correct Option

8. Barristers have:

a) limited rights of audience

b) full rights of audience

c) rights of audience in lower courts

Feedback B - Correct Option

1. Status and definition of the profession

Cloze (1): SOLICITOR

A legal practitioner in the UK. The position and the rights, duties, obligations and privileges are
now regulated by statute. Practising solicitors must possess a practising certificate issued
annually by the Law Society. Solicitors form much the larger part of the English legal profession.

Cloze (2): BARRISTER

A member of the Bar (the professional body of barristers), i.e. a legal practitioner admitted to
plead at the Bar, also known as Counsel. A barrister must be a member of one of the Inns of
Court, by whom he is called to the Bar when admitted to the profession.

2. Controlling body

Cloze (3):BARRISTER

the Bar Council

Cloze (4):SOLICITOR

the Law Society

3. Education and training

Cloze (5):SOLICITOR

law degree

+ one-year Legal Practice Course

+ a two-year period of practical training

Cloze (6):BARRISTER

law degree

+ a rather strenuous period of training

(various law examinations + joining one of the four Inns of Court)

4. Duties

Cloze (7):SOLICITOR

Deals directly with clients

Assembles the materials necessary for presentation in court

Chooses and instructs a barrister

Ensures that all relevant persons are present in court on the day of the trial

Settles cases out of court

Cloze (8):BARRISTER

Pleads at the bar

Is engaged in

conducting the trial or

argument of causes

5. Rights of audience

Cloze (9):BARRISTER

full rights of audience in all courts

exclusive right of audience in the Supreme Court

Cloze (10):SOLICITOR
in most inferior courts (magistrates’ courts, County Courts, certain proceedings of the Crown
Court)

THE BRITISH LEGAL PROFESSION IN BRUSSELS

Why Brussels?

Solicitors have been remarkably successful in exporting their services and conquering new
markets. England & Wales has a very liberal regime for foreign lawyers and the Law Society there
does not impose any additional restrictions on solicitors wishing to practice overseas – other
than the fact that they must respect the local rules in force. Solicitors, always on the lookout for
new markets, started turning their attention to Brussels back in the 1960s. In July 1962, Simmons
& Simmons (the first firm to do so) optimistically opened up offices in the city in anticipation of
Britain joining the Common Market. However, political developments dictated otherwise with De
Gaulle’s surprise veto on British membership. When Britain did actually join in 1973, British
firms, little by little, became interested in setting up in Brussels – characterized by a steady flow
rather than a stampede – and seizing the opportunities offered by an additional system of law. In
fact, the majority of firms set up in Brussels in the late 1980s and the early 1990s. In parallel, in
1990, the Law Society of England & Wales was the first national bar or law society to set up a
Brussels representative office in order to represent the interests of the profession to the EU
institutions.

Although the costs of setting up a Brussels office are substantial, to date more than 40 British
firms have done so (although with the recent spate of cross/border mergers and other looser
forms of alliances, notably between British and German firms, the notion of a “British” firm is
being diluted). They tend to be fairly small in size, with the average firm consisting of one
partner and two or three assistant solicitors, and as many, if not more, lawyers from other
jurisdictions. Most of them are offshoots of big London firms but a few of them are exclusively
Brussels-based. Interestingly, in a number of British firms, British lawyers are outnumbered by
their continental counterparts. In total, there are approximately 150 solicitors working in
Brussels in a variety of different guises – private practice and in-house lawyers, consultants and
officials in the EU institutions.

When asked what led them to set up in Brussels, the responses vary. In many ways, it was felt
that having a Brussels office was necessary in that it demonstrated a commitment to European
law which was becoming increasingly pervasive. Furthermore having a physical presence was
client-driven to a certain extent. Major clients expected firms to have a Brussels office in order
properly to represent their interests to the EU institutions. Proximity to the Brussels movers and
shakers, therefore, was as much symbolic as it was a necessary commercial development.

It should also be pointed out that there are two sets of barristers’ chambers in Brussels, Brick
Court Chambers and Mockton Chambers, both of which specialize in EC work.

What kind of work do Brussels-based lawyers undertake?

The majority of firms in Brussels are engaged in European competition law and international
trade law. Although very few are interested in advising on Belgian law, Clifford Chance Pünder (as
it is now called) set up in 1968 initially to do real estate work, taking advantage of the first wave
of significant inward real estate investment by foreign investors. As an illustration of the growing
importance of European competition law, one firm even said that the trigger behind the setting
up of its Brussels office in the late 1980s was the advent of the implementation of the Merger
Regulation (a landmark piece of legislation for competition lawyers). Competition work involves
lots of advocacy with Commission officials, Members of the European Parliament and even
Commissioners themselves on occasion. The cases frequently make headline news, such as
recent Mannesmann deal or the Bosman case on the transfer of football players.

However, the reasons lawyers flock to Brussels are not only to deal with lucrative multi-million
pound deals. A couple of firms (in particular, Eversheds and Renouf Co) have carved out niche
practices servicing the growing number of British expatriates in Brussels and dealing with such
issues as wills, family law and general private client work. Many firms claim that they are
uniquely placed, on account of their legal background and political nous (acquired whilst
working in Brussels), to solve clients’ problems creatively. There are a number of examples of
where this sort of creative thinking has led to happy outcomes. One particular firm Runoff & Co
has successfully assisted clients in influencing the institutions to amend proposals for new
legislation, and to change interpretation of existing legislation or the way in which it is applied, in
circumstances where considerable damage would otherwise have resulted to the client’s
business.

Lawyers, in many ways, are well suited to lobbying 150 activities, which, in essence involve the
construction and advancement of persuasive arguments to further a client’s case. A familiarity
with the legislative procedures is also essential. One British firm DLA, headed up by Lord
Clement Jones, actually employs two public affairs specialists to carry out lobbying activities for
its clients. This is seen as a natural adjunct to the more traditional legal work carried out by the
firm. DLA has been at the fore-front in relation to lobbying on e-commerce issues for a range of
clients. Other firms, such as CMS Cameron McKenna, get involved in lobbying on trade law issues
and assist in other lobbying where requested – for example, by assisting clients and their public
affair advisers on the legal aspects of lobbying campaigns. On the other hand, some firms, such
as Herbert Smith, whilst not employing lobbyists themselves, work closely with Brussels- based
consultancies when real lobbying is required.
And what of the lawyers actually working within the EU institutions? Unlike many other EU
member states, not many lawyers from Britain have stood as candidates for the European
Parliament. It is interesting to note, however, that there are now eight British lawyers Members
of the European Parliament Timothy Kirkhope, Diana Wallis, Jonathan Evans, David Sumberg, all
of whom solicitors, and Baroness Ludford, Professor Neil MacCormick, Lord Inglewood and
Theresa Villiers, all of whom are barristers which is more than double the previous intake.

Setting the pace

Whilst lawyers of many nationalities can be found in Brussels, the particular contribution of
British lawyers in blazing a trail, so to speak, is illustrative of their pioneering nature, coupled
with their finely-honed commercial instincts. British lawyers are active throughout the globe and
their talent for seeking out new markets is unrivalled. The prospective enlargement of the EU to
take up to eleven central and eastern European countries will serve to increase this trend as
these countries gradually align their legislation with that of the EU and call on experienced legal
advisers to assist them in the task. The success of British lawyers in cornering a generous slice of
the Brussels market has provoked both envy and admiration - if proof be needed, there it is!

Source: The Law Societies - Joint Brussels office

regime = (here) a system or method of conducting things; rules and regulations applying to a
certain area

stampede = sudden rush by a lot of people who all want to do the same thing or go to the same
place (in other contexts, it may refer to animals doing the same)

offshoot = (here) branch, small-scale office set up by big firms; (general meaning) something that
has developed from something else

counterpart = equivalent, person with a similar function or position in a firm/ organisation

guise = (here) position, function, different from one’s usual job/work; (general meaning) an
appearance or form which makes something seem new or different

advent = beginning or coming into existence of something important

advocacy = supporting something publicly

niche = a special position/ type of work, which suits the firm and which they want to preserve

nous = intelligence or common sense (an old- fashioned, informal word)

adjunct = addition, supplementary/complementary work

finely-honed = refined; developed carefully and minutely for a special purpose over a long
period of time

unrivalled = without a rival, unparalleled

Many words in English are formed by adding a prefix at the beginning or a suffix at the end. Here
are three of the most productive prefixes in English:

OVER (e.g. oversize) meaning “too much”

UNDER (e.g. undergraduate) meaning “lower in rank or position/ not enough”

OUT (e.g. outclass) meaning “more than, surpassing”

1. Certain notions of national sovereignity are no longer suitable for the modern world.

Cloze (1):

2. This is a major reform which will benefit millions of people but it should have been done a
long time ago.

Cloze (2):

3. As a qualified solicitor he cannot use his multiple skills in his present job.

Cloze (3):

4. Paradoxical as it may seem, the company has fewer workers than necessary at the moment.

Cloze (4):

5. In certain countries from East-Asia the population grows faster than the economic resources.

Cloze (5):

6. It is no exaggeration to say that the legal reform will soon trigger economic progress.
Cloze (6):

7. Even in the age of globalisation, there are still too many people with poor living conditions and
few educational opportunities.

Cloze (7):

8. Is a Secretary of State higher in position than an MP?

Cloze (8):

9. I have the bank’s agreement to take out $5000 more than I have in my bank account.

Cloze (9):

10. The personnel in charity institutions pay 20% less income tax than the standard rate.

Cloze (10):

Your score is 10/10.

1.… are outdated.

2. … has long been overdue.

3.… he is overqualified ...

4. … is understaffed.

5 … the population outgrows the economic resources.

6. It is no overstatement …

7. … too many underprivileged people.

8. Does a Secretary of State outrank an MP?

9. I have an overdraft agreement with the bank.

10. … are undercharged by 20% on their income.

Look at the following sentences from the article The British legal profession in Brussels
answering the question “What led lawyers to set up in Brussels?”.

Which of the sentences express reason and which purpose?

1. In 1990, the Law Society of England and Wales set up a Brussels representative office in order
to represent the interests of the profession to the EU institutions.

Cloze (1):

2. One firm even said that the trigger behind the setting up of its Brussels office in the late
1980s was the advent of the implementation of the Merger Regulation.

Cloze (2):

3. The reasons lawyers flock to Brussels are not only to deal with lucrative multi-million pound
deals.

Cloze (3):

4. Clifford Chance set up in 1968 initially to do real estate work.

Cloze (4):

Your score is 2/4.

1. purpose

2. reason
3. reason and purpose

4. purpose

UNIT 8 LEGAL CAREERS II

EGAL CAREERS II is the eighth unit of the course English for Legal Purposes, and
it was designed as a self-study material in 2 sections: APPLYING FOR A JOB and
JOB OPPORTUNITIES.

Along with the specific vocabulary, the course also focuses on grammar
structures and functional language used in carrying out a number of practice
tasks.

We hope you will find the range of topics and materials interesting and
challenging and the activities stimulating, engaging your thinking capacities,
while giving you opportunities to use your existing knowledge and skills.

Remember that the aim of this course is to encourage and help you with your
learning.

Enjoy:)

A global legal job market

The evolving global marketplace for legal services presents a unique challenge for a
profession that has historically preferred organic and opportunistic growth. New entrants,
specialization and the internationalisation of the legal market provide the impetus for
change in the structure and nature of law firms, particularly in the UK and Europe.
Traditionally, the overseas offices of law firms tended to be outposts servicing the local
needs of important clients. This model has been broken down by the need for in-depth
cross-border product expertise driven by the expansion of international capital
markets.Thus, US firms are well established in the UK, Europe and many emerging
markets. Prominent law firms have greatly increased their global capacity by building up
networks in the main Eastern European Centres.

Staffing the global law department

For law firms to open up and become productive in new markets, import of the skills and
experience is necessary. The main weapons available to law firms are headhunting
(search) and selection (advertising). Headhunting is an entirely client driven process. It
identifies key individuals who make a strategic difference to the client’s ambitions and
have a clearly definable skill set. The capability of the individual is the defining factor in
the process. Selection is a candidate driven process, which focuses solely on mobility in
the market. It is an effective tool for a firm wishing to be opportunistic or requiring critical
mass rather than a specific mix of skills. Increasingly, the law market is moving towards
using headhunters for the most senior strategic appointments and selection for the more
junior and middle-ranking roles.

Profile of the ideal lawyer

A survey on the abilities or skills of the global lawyer required by legal departments has
yielded the following profile. In addition to substantive knowledge (in intellectual property,
project finance, conveyance, international business law, commercial law, or other areas),
the respective candidate:

a) speaks English fluently;

b) has the ability to structure complex transactions and business operations;

c) has good business judgment;

d) has some practical know-how about how to get things done;

e) relates well to business people and can become an integral part of the business team;

f) adapts well to different business settings and legal cultures;

g) acts in accordance with legal and business ethics;

h) has those vital qualities of openness, resourcefulness and resilience.

A. The current legal market is presented as:

Cloze (1):

organic and opportunistic

Cloze (2):

in continuous change

Cloze (3):

going international

Cloze (4):

in continuous specialisation and internationalisation

B. Law firms currently recruit new staff by way of:

Cloze (5):

job advertisements in newspapers

Cloze (6):

professional personnel recruiters

Cloze (7):

human resource professionals

Cloze (8):

acquaintance recommendations

C. The abilities and skills of the ideal lawyer according to the survey are:

Cloze (9):

wide range

Cloze (10):

minimal

A. in continuous specialisation and internationalisation;

B. professional personnel recruiters

C. wide range

take in - to deceive

break into - to go into a building by force in order to steal

bring forward - to change to an earlier date

break off - to stop because of failure

hold up - to delay
take over - to buy a company or a business by offering to buy most of its shares

wind up - to put a company into liquidation

put in - to invest

bring up - to refer to something for the first time

put down – to pay as a deposit

APPLYING FOR A TRAINING CONTRACT

The best advice I can give to students applying for training contracts is to get prepared.
You need to have thought carefully about what it is you want, what areas of law you are
interested in, identified a number of suitable firms (for a reason you can explain), and
demonstrated commitment, motivation and energy in undertaking your research. It is
also important that you have analysed in advance what it is commercial lawyers do, what
skills they have, and whether, genuinely, you have the skills and the ambition that would
make you succeed. Demonstrating an understanding of the business world is another
important factor today; all work experience you have undertaken in whatever area
should assist you in building up your commercial awareness but keeping an eye on the
business, legal and financial press will assist you too.

Research should be undertaken using the facilities your careers services can offer you,
for example, Prospects Legal, the Training Contract Handbook, Lex magazine and
individual firms’ websites. You will find it useful to be familiar with Legal Business, as well
as the Lawyer and the Law Society’s Gazette. These will be able to provide you with
more relevant up-to-date information on what is happening and current transactions.
Gaining an insight into the legal world is vital and now almost an essential part of your
CV when applying for a training contract. It looks good to have had a number of different
experiences to show genuine interest and a wide exposure. Mini pupillages at the bar
can be arranged whilst in any year at University, as is the case with most placements in
high street firms. Most City firms don’t take vacation students until after the second year,
but getting local experience in your first year is a sensible option. Undertaking several
open days and at least two vacation placements in larger City firms is probably the
minimum you should be doing (although I for one definitely recommend you also use
your summer for travelling rather than back-to-back placements).

Your CV should be a well prepared and presented document, set out in a logical pattern
which highlights your particular strengths. It should be approximately two sides long and
set out in bullet point style (makes easier reading) to present your academic success,
your relevant legal and commercial work experience, your responsibilities, achievements
and interests in a clear way. What is most important is that your CV demonstrates that
much of what you have done in your life so far has been shaped towards law and
commercial law in particular and that, whoever reads your CV will be able to see in it
someone with the potential to make it in their world. They might look for the subjects you
have chosen at University, the work experience you have undertaken, what you learnt in
your positions of responsibility that have relevant transferable skills, regardless of
whether you are a law student or not. Your covering letter should also be able to
demonstrate that you have thought carefully about why you have applied to a particular
firm, and why that particular firm might suit you.

Applications for training contracts at the vast majority of City firms are generally made
two years in advance, i.e. if you are a non lawyer in your final year and before you
commence the CPE, and if you are a law student, during your second year. Most firms
conduct their interviews at the beginning of September but some firms will interview non-
law students much earlier in the year, so check the firm’s policy on that in advance.
Firms have varying deadlines so check each one individually. Most City firms pay full
CPE and LPC fees and provide a maintenance grant of around £4000 per year.

With some preparation and focus you will be well on your way to securing a Training
Contract. Good luck!

cOMPOUND

1. marketplace

2. overseas

3. crossborder

4. headhunting

5. footspeed

6. workload

7. software

8. drawback

9. background

10. handcuff

11. outlaw

12. timetable

The purpose of the CV is to highlight your accomplishments and qualifications in order to

attract the attention of the potential employer, so as to be invited for a job interview. Your
strategy should be to emphasize the experience and skills that a particular employer is
looking for. There are generally accepted ways to arrange the information in your CV to
present it in the best light. Vital to a candidate’s success in being recruited is a good
Curriculum Vitae / job resumé - a summary of one’s qualifications and accomplishments,
normally containing five basic parts, as outlined below.

Before you start drafting your letter, look at the suggestions given below, concerning the
language and style of formal business letters.

√ Avoid colloquial / slang words

√ Do not use shortened verb forms (don’t, isn’t, etc.)

√ Use a neutral tone and polite phrases

√ Use single-word verbs rather than phrasal verbs

√ Do not make the letter too wordy, with long and complicated sentences

√ Avoid writing sentences that are too short and abrupt

√ Remember the five Cs: Clear, Concise, Complete, Correct, Courteous.

1. [HEADING]

- your name

- address

- phone number

- position applied for

2. EXPERIENCE

- a description of the jobs you have held, with dates, starting with your present
position and working backward

- a detailed presentation of your duties, with an emphasis on responsibilities and

outstanding achievements relevant to the position you are currently applying for

- mention the volume and type of work you have done

- include any offices you may have held

3. EDUCATION

- degrees (indicating also your major), institutions that awarded them, year of
graduation

- major courses taken with a direct bearing on the job

- special training

4. REFERENCES

- a short list of people for whom you have worked - supervisors, managers,
executives - and whom an employer can contact for information about you

- give their courtesy titles, names, positions, affiliations, addresses, and, if

possible, telephone numbers

5. [OTHER HEADINGS]

- special interests and achievements

- brief personal history

- statement of philosophy, etc.

B.2.2. While reading the ads you have come across some abbreviations. You have below
the full forms of the abbreviations from the texts.

ads: advertisements

dept: department

M&A: Mergers and Acquisitions

pqe: post-qualification experience

co; cos: company, companies

corp: corporation / corporate

yrs: years

expce: experience

IT: Information Technology

comml: commercial

opp: opportunity
.1.1. Skim the ads below and match each of them to the corresponding field of activity /
area of expertise / position advertised:

1.

Cloze (1):

Chambers Banking & Finance specialise in recruiting lawyers for banks and other financial
institutions. That’s all we do. So we’re experts in our field. We act for every practically
major bank and fund manager and the market is busier than you probably think. If you’d
like to know about the opportunities available in the market, the realities of an in-house job
or salary packages, we’d be delighted to discuss them with you.

2.

Cloze (2):

Film, television, video, theme parks, publishing… This US group has major interests in all of
these areas and more. If you are a corp lawyer with 2-4 years’ pqe it’s time to leave your
14-hour day working on acquisitions and disposals of diesel engine and poultry packing
cos in your City firm and use your corp law expertise at one of the world’s leading
multimedia conglomerates. It will certainly be more entertaining.

3.

Cloze (3):

This well-known firm is experiencing a period of significant growth. It’s unusual in that it
values having lawyers integrated in it business. A friendly, well-managed team works on
the global markets trading floor, encompassing derivatives, capital markets and structured
products. This is not a transaction management or a documentation team. They’re
structuring and facilitating transactions. 2-7 years’ pqe.

4.

Cloze (4):

If you are going to do the work - you might as well get paid the money! Leading US firm
with a large UK base require high-quality candidates within their corporate/ banking
teams. Excellent opp to work on very large US/UK acquisitions and gain some top
experience.
5.

Cloze (5):

Disenchanted? A senior tax assistant is now sought by the London office of this high
profile UK firm. The firm is renowned for its tax work with very honest partnership
prospects on offer. This is a great opportunity to join in a flourishing workplace.

6.

Cloze (6):

Niche medium-sized City law firm with a preeminent reputation for Information Technology
law seeks a junior lawyer to advise on Y2K and IT outsourcing projects. You will work with
leaders in your field. IT is a core practice of the firm and the long-term prospects there are
excellent.

7.

Cloze (7):

Your sharpness belies your relatively junior pqe, and frustration is beginning to set in as
the rigidity of the dept means you are not given responsibility and quality. This group, with
a diverse portfolio of business divisions, from chemicals to pharmaceuticals, will give you
the opp you are looking for. As a major part of a small legal team you will work directly with
the comml decision makers, advising on and drafting a range of commercial contracts.

8.

Cloze (8):

This is an exciting opp for a banking lawyer (3-6 years’ pqe) to join the structured
finance/debt team of this global investment bank. The focus of the role will be on complex
structured debt transactions and requires a quick and comml mind. Of equal importance is
the desire to work closely with traders whilst retaining role of spotting potential pitfalls and
having the confidence to suggest alternative structures. Professionally and financially
rewarding.

9.

Cloze (9):
Due to successful growth, this multi-disciplined team now seeks a solicitor to assume a
key position advising on the development, design and delivery of new employment benefit
and tax programmes for multinational companies. Previous tax and employee benefits
expce would be beneficial, but candidates with 2 yrs’ good commercial expce who are
looking to use their legal skills outside the traditional confines of private practice should
also apply.

10.

Cloze (10):

Well-established technology co seeks a comml lawyer with a min of 3 yrs’ pqe to be

responsible for its UK and European operations. Working closely with the business teams
and with the support of European and US lawyers, the successful candidate will be
involved in the negotiation and administration of standard and non-standard IT
agreements with a diverse range of business customers. Previous hi-tech experience
essential.

11.

Cloze (11):

Opportunity for experienced lawyer with a background in construction law to join

established legal department of well-known building company in Leeds. Applicants will
have 5-7 yrs’ experience of all form s of construction and engineering contracts,
warranties, bonds etc and, ideally, litigation or arbitration work. More general commercial
experience including Joint Ventures, M and employment would also be useful.

12.

Cloze (12):

Excellent opportunity for a junior employment lawyer seeking a real change of scenery to
join this laid back yet high quality medium-sized City firm’s employment practice. Bright
and able candidates looking for a genuinely high level of responsibility coupled with
support and training should apply.
BANKING EXPERTS

MULTI-MEDIA

TRADING FLOOR LAWYERS

CORPORATE – US FIRM

SENIOR TAX ASSISTANT

IT LAWYER

INDUSTRY

STRUCTURED FINANCE

GENERAL COUNSEL

COMMERCIAL LAWYER

CONSTRUCTION

EMPLOYMENT LAWYER

NULLA POENA SINE LEGE - No punishment without a law

PACTA SUNT SERVANDA - Agreements are to be kept

AEQUITAS EST QUASI AEQUALITAS - Equality is equity

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS - The inclusion of the one is the exclusion of the
other

NEMO DAT QUOD NON HABET - No one can give what he has not got

IGNORANTIA JURIS NON EXCUSAT - Ignorance of the law is no excuse

NEMO JUDEX IN CAUSA SUA - No man may be a judge in his own cause

AUDI ALTERAM PARTEM - Hear the other side

VOLENTI NON FIT INJURIA - No wrong is done to one who consents

DELEGATUS NON POTEST DELEGARE - A person to whom something has been delegated
cannot delegate further

DE MINIMIS NON CURAT LEX - The law does not take account of trifles

EX TURPI CAUSA NON ORITUR ACTIO - No action can be based on a disreputable cause
The judge addressed the jury members…

Cloze (1):

It was her idea ...

Cloze (2):

A barrister … … may be disbarred.

Cloze (3):

The solicitor owes a contractual duty of care to his client…

Cloze (4):

You have the right...

Cloze (5):

Judges have a discretionary power…

Cloze (6):

Anyone… … must undergo training at one of the four Inns of Court.

Cloze (7):

A barrister is an advocate…

Cloze (8):

Solicitors have functions…

Cloze (9):

Equity used to be administered in the Court of Chancery…

Cloze (10):

The Law Society of England and Wales was the first law society ...

Cloze (11):

II

… where people could take their cases if they were dissatisfied with common law rulings.

... to remain silent.

... to set up a Brussels representative office.

… which include giving advice to clients, and preparing legal documentation.

... to go to court.

…whose task is to present his client’s case effectively in court.

… whose attention had been captured by the defending lawyer.

… wishing to specialise as a barrister. . .

… who is guilty of professional misconduct…

… to create new rules of law when none exists to solve the case.

… for breach of which he is liable for damages

G