Professional Documents
Culture Documents
03legalprofession Teachers
03legalprofession Teachers
03legalprofession Teachers
Legal Profession
T can brainstorm expressions used for legal practitioners and activities which lawyers are
involved in.
1. Lawyers in different countries do not hold the same titles or share the same role and
status. Read the following text giving an outline of legal professions in civil law countries,
England and the USA. In which country/countries do attorneys, solicitors, barristers, notaries
or advocates work?
People roughly acquainted with the legal profession in civil law countries may be tempted to
make an equation between the two main strands found there, i.e. notaries and advocates, and
the two kinds of lawyers existing in England, i.e. barristers and solicitors, but this is not the
case, the latter being of quite a different nature. It is true that English solicitors may draw up
various legal documents and make them official as their civil law counterparts do but their
scope of work is by far wider. The English solicitors also prepare cases for barristers defending
those accused of crimes in courts and may also defend themselves such persons in lower
courts. The very term “notary” does not denote a separate profession in England or the USA.
There, you can come across the term “notary public” which denotes a professional who has
authority to witness and draw up only certain documents and make them official. In England
this is performed by solicitors but in the USA this may be done by people who have not
qualified as lawyers, or attorneys, as they commonly referred to there. Otherwise, American
attorneys are all-rounders doing all kinds of legal work. Regarding this variety of terms for
denoting lawyers it is therefore safest, for the purposes of international legal English, to use
neutral terms, e.g. lawyer with a kind of specification, such as lawyer for the defense, lawyer for
the prosecution, conveyancing lawyer, etc.
However, as the international legal English naturally draws on the terminology of the Anglo-
American legal system it is necessary to get to know with it.
Comprehension check - Which country(ies)?
attorney (attorney-at-law)
solicitor
barrister
notary
advocate
key:
attorney (attorney-at-law) - U.S., Czech Rep.
solicitor - England
barrister - England
notary - England ≠ Czech Rep. ≠ U.S.
advocate - Czech Rep.
Listening 2x, sharing info in pairs, class check with the key + vocabulary
Do they have the right of only in lower courts yes, even in the highest
audience? courts
Based on: POWELL, Richard. Law today. 1st ed. Harlow: Longman, 1993, 128 s. ISBN
0582056357.
Texty z následujících cvičení lze udělat jako skupinové prezentace, cvičení pak slouží jako
kontrola
the following texts as group minipresentations: - texty jsou vytažené v souboru “Texts for
presentations”
● England
● US
● ČR - conditions to become a judge, ...
● ČR - legal trainees
● legal language Text 1
● legal language Text 2
https://docs.google.com/a/go.muni.cz/document/d/1g-
0PVmwO1ZOSP9ErvrVHmUgIdGHxI1Uhh46u5DnDpLU/edit?usp=sharing
A. England
Fill in the letters to complete the words and describe similarities and differences in
becoming a barrister and solicitor.
Barristers are mem _ _ _ _ of the Bar Council o _ England and Wales and they gener _ _ _ _
operate in sets of “chambers” bu _ are not emp _ _ _ _ _ by a law firm as such. To bec _ _ _
a barrister you mu _ _ first obt _ _ _ either an undergr _ _ _ _ _ _ degree i _ law (LLB), or an
undergraduate degree i _ any other subj _ _ _ followed b _ the conversion cour _ _. The
sec _ _ _ step invol _ _ _ one-year Bar Professional Training Course. The la _ _ stage i _
completed by pupillage, i.e. one year spe _ _ as a pupil in barristers' cha _ _ _ _ _.
Solicitors are mem _ _ _ _ of the Law Society. T _ become a solicitor, you ne_ _ not be a law
gra _ _ _ _ _, but i _ is t _ _ most straight forw _ _ _ route. Law graduates sta _ _ with one-
year Legal Practice Course. Upon successful comple _ _ _ _, they underta _ _ practice-based
trai _ _ _ _, kno_ _ _ as a training contr _ _ _. It i _ a two-ye _ _ contract dur_ _ _ which
trainee solicitors gai _ experience of wor _ _ _ _ in a fir _ of solicitors. As pa _ _ of th_
training, trainee solicitors mu _ _ also success_ _ _ _ _ finish the Professional Skills Course.
Barristers are members of the Bar Council of England and Wales and they generally operate in
sets of 'chambers' but are not employed by a law firm as such. To become a barrister you first
must obtain either an undergraduate degree in law (LLB), or an undergraduate degree in any
other subject followed by the conversion course. The second step involves one-year Bar
Professional Training Course. The last stage is completed by pupillage, i.e. one year spent as a
pupil in barristers' chambers.
Solicitors are members of the Law Society. To become a solicitor, you need not be a law
graduate, but it is the most straight forward route. Law graduates start with one-year Legal
Practice Course. Upon successful completion, they undertake practice-based training, known as
a training contract. It is a two year contract during which trainee solicitors gain experience of
working in a firm of solicitors. As part of the training, trainee solicitors must also successfully
finish the Professional Skills Course.
B. the USA
Read the text and translate the Czech words into English and compare becoming a judge
in US and Czech Republic.
Prospective lawyers in the USA need to finish four years of college with good grades and
_ _ _ _ (složit) the Law School Admission Test. Then they _ _ _ _ _ _ (navštěvují) a law
school for 3 years to get law degree. However, in order to practice law in a particular state, they
need to be _ _ _ _ _ _ _ _ (přijati) into the State Bar. This is done by passing the bar
examination. Once they clear the bar examination they are officially _ _ _ _ _ _ _ (dovoleno) to
practice law in that state.
Judges _ _ _ _ _ _ _ (předsedají) over local, state and federal courts and are either appointed or
elected. The minimum educational requirement to be a judge in the United States is a
bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority
of judges have experience working as a lawyer. Most local and state judges are _ _ _ _ _ _ _
(voleni) in local elections. Some judges actively _ _ _ _ _ _ _ _ (vedou kampaň) for their position
like congressmen. All federal judges are _ _ _ _ _ _ _ _ _ (jmenováni) by the president and
serve a life term.
Check with the key + comprehension & vocab (compare becoming a judge in US and Czech
Rep.)
Key:
Prospective lawyers in the USA need to finish four years of college with good grades and pass
the Law School Admission Test. Then they attend a law school for 3 years to get law degree.
However, in order to practice law in a particular state, they need to be admitted into the state
bar. This is done by passing the bar examination. Once they clear the bar examination they are
officially allowed to practice law in that state.
Judges preside over local, state and federal courts and are either appointed or elected. The
minimum educational requirement to be a judge in the United States is a bachelor's degree.
State or federal judges need a juris doctorate at the minimum. The majority of judges have
experience working as a lawyer. Most local and state judges are elected in local elections.
Some judges actively campaign for their position like congressmen. All federal judges are
appointed by the president and serve a life term.
Based on:
http://www.mylawresource.com/index.php/legal-education/79-becoming-a-lawyer-in-the-usa
http://www.ehow.com/way_5514286_requirements-become-judge-united-states.html
http://wiki.answers.com/Q/How_can_you_become_a_judge.
The legal professions in the Czech Republic include judges, public prosecutors, attorneys, notaries and
executors/bailiffs. Who are the following conditions necessary for?
The conditions for being appointed a judge: Czech nationality, legal capacity, good character,
university education, personal experience and moral qualities guaranteeing that the judge will
duly perform his/her functions, passing a professional judicial examination, the age of 30 at the
time of his/her appointment.
Eligibility to be appointed a public prosecutor: Czech citizenship, legal capacity, good character,
university education in law, moral qualities guaranteeing that the public prosecutor will duly
carry out his/her duties, passing a professional examination, the age of 25 at the date of
appointment.
The conditions which must be met to act as an attorney: registration in the list of lawyers
maintained by the Czech Bar Chamber, legal capacity, a university education in law, at least
three years’ prior legal experience as a trainee, good character, passing a professional
examination for lawyers.
The conditions to become notaries: Czech nationals, legal capacity, good character, a university
education in law, at least five years’ experience of notarial activities, passing a professional
examination for notaries.
Persons may become executors if they are Czech nationals, hold legal capacity, have a
university education in law, are of good character, have at least three years’ experience of
execution activities and have passed a professional examination for executors.
Based on: http://ec.europa.eu/civiljustice/legal_prof/legal_prof_cze_en.htm,
http://www.nyulawglobal.org/Globalex/Czech_Republic1.htm
4. Do you know the conditions for becoming a legal trainee in the Czech Republic? Below
is an extract from the Czech act on legal profession, 1996. Translate the words in bold
into Czech.
Section 36
A legal trainee shall be the person whose name has been entered _______________
in the Register of Legal Trainees maintained by the Bar.
_______________
Section 37
(1) The Bar shall enter in the Register of Legal Trainees
the name of every person who _______________
a) has full capacity to enter into legal relations (full legal capacity),
_______________
b) has obtained a university education within a Master‟s programme
in legal studies at a higher education institution in the Czech
Republic, or has obtained legal education at a higher education
institution abroad if so provided by an international treaty binding
_______________
on the Czech Republic, or such education has been recognised
under special legislation,
c) has no records of criminal convictions, _______________
d) has not had imposed upon him the disciplinary measure of the
striking his name off the Register of Legal Trainees, or is deemed _______________
not to have had imposed upon him such a measure, and
e) has been employed by a lawyer or Company for the set weekly _______________
working hours under special legislation.
_______________
http://www.cak.cz/files/1993/Act_Legal_Profession.doc
Zákon o advokacii
ADVOKÁTNÍ KONCIPIENT
§ 36
Advokátním koncipientem je ten, kdo je zapsán v seznamu advokátních koncipientů
vedeném Komorou.
§ 37
(1) Komora zapíše do seznamu advokátních koncipientů každého,
a) kdo má plnou způsobilost k právním úkonům,
b) kdo získal vysokoškolské vzdělání v oboru právo
1. v magisterském studijním programu studiem na vysoké škole v České republice1b), nebo
2. studiem na vysoké škole v zahraničí, pokud je takové vzdělání v České republice uznáváno
za rovnocenné vzdělání uvedenému v bodě 1 na základě mezinárodní smlouvy, kterou je
Česká republika vázána, anebo pokud takové vzdělání bylo uznáno podle zvláštního právního
předpisu1c), a současně takové vzdělání odpovídá obsahem a rozsahem obecnému vzdělání,
které lze získat v oboru právo na vysoké škole v České republice,
c) kdo je bezúhonný,
d) komu nebylo uloženo kárné opatření vyškrtnutí ze seznamu advokátních koncipientů nebo
na něhož se hledí, jako by mu toto kárné opatření nebylo uloženo, a
e) kdo je k advokátovi, usazenému evropskému advokátovi, ke společnosti nebo k zahraniční
společnosti v pracovním poměru sjednaném na stanovenou týdenní pracovní dobu podle
zvláštního právního předpisu 14c).
http://www.zakonyprolidi.cz/cs/1996-85
5. Language Practice
key: A2, B1, C3, D5, E6, F4, G8, H7, I10, J9
lawyer – a person learned in law
attorney – a person legally allowed to act on behalf of clients
counsel – a person acting for one of the parties in legal proceedings
prosecutor – a person conducting criminal proceedings
solicitor – a lawyer (England) with a certificate to practise law
barrister – a lawyer (England) arguing cases at the court
judge – a person presiding over a court
notary public – a lawyer licensed to act in legal affairs (witnessing and drawing up documents)
paralegal – a legal assistant
trainee – a person undergoing professional training at a law firm
Created by the team of authors.
5.2 Fill in the gaps with the following phrases, use each phrase only once:
have the right of audience
represent clients
take statements
instruct a barrister
a) Our solicitors will __________________ from claimants and any witnesses to an accident.
Our solicitors will take statements from claimants and any witnesses to an accident.
We need to instruct a barrister to attend the Tribunal on behalf of our client's son.
A US lawyer does not automatically have the right of audience in a Canadian court.
5.3 Create as many meaningful 2-word collocations from the following words as you can:
law degree/society/graduate/undergraduate;
local judge/elections/council/Bar;
………………………………………………………………………………….
undergraduate degree;
Bar Council
………………………………………………………………………………….
Created by the team of authors.
6. Speaking
A) Which profession and in which country do you find attractive? Why? Which
profession do you find difficult to qualify for? Why?
Created by the team of authors.
B) Groups of 3 - Who are you? Make sentences using the information from the table below, the
other two will guess the profession. Sometimes, there can be more activities associated with
one profession, and the same activity can be associated with more professions.
Example: I‟m a person who sits at court and decides cases. -> judge
Check vocab in bold:
judge
attorney
prosecutor
solicitor
barrister
executor
paralegal
trainee
pupil
corporate in-house counsel
notary
place activity
Another speaking activity - Discussion: a Czech student of law, an English student of law, a US
student of law - explaining and comparing legal professions (phrases for asking for clarification,
explaining, …)
Created by the team of authors.
Judge: The charge here is theft of frozen chickens. Are you the defendant?
Defendant: No, sir, I'm the guy who stole the chickens.
1. Pre-reading: You have already come across several texts on legal topics. How would you
describe legal language? What are its typical features? Name some examples of legal
vocabulary or phrases. Complete the mind-map below with features and examples of legal
English.
First, T brainstorms vocab in class or groups, if necessary some help - words Ss should know
from previous lessons: action, stare decisis, a (law)suit, tort, defendant, … T can add some
more: nuisance, I do solemnly swear, The truth, the whole truth, and nothing but the truth,
Next, generalise the features and fill-in the mind map, e.g.
Based on: Gillian Brown and Jill Northcott, Edinburgh, Legal English Teacher Training Course. 2002
2.: Read Text 1 and explain the key terms - legalese, plain language movement, principle
of accessibility.
Text 1:
They say that lawyers have a language all of their own. The language lawyers use when
speaking and writing contains many words, phrases and writing styles which are specific to the
profession. These words are known as „legalese‟. Legalese often confuses people who are
non-lawyers because they simply are not familiar with the language. In some cases, lawyers,
judges and the courts have even found it difficult to understand the real meaning of words or
documents because of legalese. Clients of law firms also have problems figuring out whether a
legal advice or a contract is actually helpful to them because they cannot really understand the
contents.
In many English speaking jurisdictions like the United States and Australia, this problem was
recognised about twenty years ago. Lawyers, various bar associations and governments agreed
that a change was needed. This gave rise to what is known as the Plain Language Movement.
This is a philosophy that believes that documents of all kinds (including legal documents) should
be written in a way so that a person can understand them easily the first time they read them.
This means eliminating legal expressions which have a plain English equivalent, avoiding Latin
expressions and archaisms, using short sentences and headings. People are entitled to
understand the documents that bind them or state their rights. This is known as the principle of
accessibility.
Based on text by Martin Udall
Your explanation:
legalese …...................
legalese can be explained as the specific language of law which is difficult to understand for
non-lawyers
plain language movement can be explained as a philosophy which believes that documents
should be written in such a way that all readers can understand it easily
principle of accessibility …
3. Comprehension check:
4. What is your opinion - what was expected from the Plain Language Movement, were the
expectations fulfilled, was the Plain Language Movement successful, were there any
unexpected results?
Have you considered any of the issues from the table below? Do you think that the statements
are true or false? - discussions in groups: can you agree which expectations are true? (students
take turns: one student after another comments on one expectation, the others agree/disagree)
expectations – after having adopted plain language... true/false - text
law firms will lose their profits because of plain language FALSE
5. Read Text 2, choose the correct expressions where necessary and check your
answers from the table above.
Text 2:
Initially, there were fears that the Plain Language Movement may make legal documents less
authoritative or less legally binding. In fact, the opposite has been true. Surveys of lawyers,
judges and clients revealed that the adoption of plain language was welcome and long over-
due. Large law firms even found that the use of plain language resulted in greater profits. This is
because clients were happy to pay for legal services that were in plain English. Time was also
saved because the lawyers writing contracts, advice or court submissions could write them
much faster. In a time conscious economy, people prefer to be able to read and understand a
document in one reading.
The Plain Language Movement has become binding policy of governments of Australia, the
United States and the United Kingdom. In these jurisdictions, all official documents must be
written in a style which is easy to read and must avoid legalese where possible to ensure
maximum accessibility. Similarly, the use of plain language is taught and encouraged at
university law schools. Many universities have classes teaching plain language.
The Plain Language Movement has not replaced legalese altogether. Lawyers are conscious of
the accuracy, certainty and precision of traditional legal language. However, it is important to
realise that plain language does not involve abandoning legal terms and replacing them with
colloquial expressions. Research has shown that legalese only forms a small percentage of a
document – typically around 2%. This leaves 98% of the document available for improvement.
Based on text by Martin Udall
6. Comprehension check:
1. What were people afraid of before introducing plain English into legal documents?
they were afraid that plain language may make legal documents less authoritative or less legally
binding
3. Which strategies have been implemented to support the Plain English Movement?
all official documents in Australia, the United States and the United Kingdom must be written in
plain English and legalese is avoided, the use of plain language is taught and encouraged at
university law schools
7. There are many instances of plain language replacing legalese with no change to
meaning. Match the following expressions from plain language to their legalese
synonyms in the table:
then
above
of
with/attached
below
from now on
among other things
Aforementioned above
Hitherto with/attached
Thereof of
thereupon then
8. Plain English means also reducing the number of unnecessary words, rewrite the
following phrases in plain English, the first is done as an example:
9. Language Practice: Do you know the verbs from Text 1 and Text 2?
a) Arrange the letters into the right order to create the verbs for the definitions (all the
verbs appeared in the mentioned texts):
The court ruled in favour of the claimants, they were ___________________ to a remedy.
entitled
The prosecutor was successful in proving the guilt; his evidence ___________________ that
the defendant had been involved in the robbery. revealed
Sarah is looking for a lawyer, her defence counsel needs to be ___________________ because
of serious illness. replaced
Created by the team of authors.
10. The texts below show "before" and "after" versions („legalese‟ versus „plain English‟)
of a Citibank loan form. Find examples of legalese in the text “before”.
-before-
-after-
I‟ll be in default:
(1) If I don‟t pay an installment on time; or
(2) If any other creditor tries by legal process to take any money of mine in your
possession.
Charrow, Veda R.; Crandall, Jo Ann: Legal Language: What Is It and What Can We Do About
It? Paper presented at the New Wave Conference of the American Dialect Society (7th,
Washington, D.C., November 4, 1978)
counsel X council - the same pronunciation, counsel = a lawyer, council = an official group of
people