UNIT 4.

MEDIATION
TASKS. Reading the below text
After reading carefully, answer these questions
1/ What are some different between ‘mediation’ and ‘mediator’?
2/ Tell the main stages of mediation process?
TASKS.
Reading (Unit 13 - Book 3/CAREER PATHS);
Match words or phrases with their definition.
 Get ready!
o Before you read the passage,
talk about these questions.
1 What do you think are good
qualities for a mediator to have?
2 What difficulties might a
mediator face when trying to
get two parties to come to an
agreement?

Reading
8 Read this article about
mediation and choose the
correct answer.
1 What is the purpose of the article?
A to advertise a mediator's
services
B to show what is needed for
an effective mediation
C to advise mediators on how
to work more effectively
o to encourage people to start 2) fair
a career in mediation

2 What is NOT required for a

successful mediation?
A a willingness to cooperate
B an all-or -nothing approach
C an open mind
o a good mediator
3 A good mediator would be
someone_?
A who trusts your judgment
B who can cooperate with
others
C with a lot of background
knowledge
who can interact
well with people
The goal of mediation is to find a automatically discount possible
solutions before proceedings have
resolution which all parties believe is
fair. It's not unlike discussing a started.
problem with your parents or children. The most important element in a
The difference is that you have a successful mediation is a good
trained mediator acting as a neutral mediator.It is important that he or she
party. The mediator does not favor has some background knowledge.
either side but acts as the voice of But it is also vital that he or she can
reason and assists the parties in interact effectively with various
reaching a mutual agreement. personalities.They should be able to
However,in order for mediation to be come up with lots of creative
effective, both parties need to be options. They need to be clear,
willing to cooperate. If you organized and keep the momentum
maintain an all-or-nothinq going. So hire a mediator who has
r" approach, the mediation good interpersonal skills and
will probably fail. It's judgment you can trust.
important to keep an
mind. Don't

open mind

1111111
Vocabulary 8 "Listen again and complete the
conversation.
Q Choose the correct word pairs to fill in
the blanks.
A: Hi, I'm Janet. I'll be your 1 __ today.
1 If you cannot ~ you will never reach a _ decision. B: My name is Greg. My ex-wife isn't here yet.
A cooperate - mutual A: You're trying to agree on 2 IS
B trust - interpersonal C discount - fair that right?
B: Yes. Candace wants me to -
2 Jill _ a lot of ideas. but Ray _ them all.
A: Oh, wait ... I'd prefer not to hear the 3 _
A trusts - cooperates
of the problem until ...Candace? ...arrives.
B comes up with - discounts
B: Sorry. I've never done 4 before.
C interacts - comes up with
A: Well, I'd be happy to answer any questions for
3 Karen has good _ skills and _ well with people. you about the 5 while we're waiting.
A mutual - cooperates B: Oh, okay. Um ... so do you decide who's
6 and who's wrong?
B interpersonal - interacts C fair - trusts
A: No, I actually don't decide anything. That's up
4 James's _ means that it's hard to find to you and Candace. I just help keep things on
solutions that are _ tor everyone. track so you can reach a 7 _
A interpersonal skills - mutual you're both happy with.
B open mind - fair
C all-or-nothing approach - fair Speaking
o Write a word that is similar in meaning to o based
With a partner, act out the roles below
on Task 7. Then, switch roles.
the underlined part.
USE LANGUAGE SUCH AS:
1 Both parties need to have faith in their mediator.
t _ I'lf be your mediator today.
2 People with an attitude of being prepared to You're trying to agree on ...
listen to new Ideas will find resolutions. You need to keep an open mlna ...
____ m _

3 The meeting has lost its speed and excitement.

m m Student A: You are a mediator. Talk to
Student A about:
4 Stella is the Q.ersonwho t~ way which is
• keeping an open mind
~ realistiC. v _ _ _ _ 0_ _ __ s __
• finding a fair solution

o "Listen and read the text again. What is

mediation? How can it be effective? Student B· You are attending a mediation.
Answer Student A's questions.
Listening
o "Listen to a man talking to a mediator. Writing
Mark the following statements as true (T)
or false (F).
o You are a mediator in an ADA firm. Use
the reading passage and the conversation
1 _ The mediator wants the man to describe from Task 8 to write a note giving advice
his dispute. for a successful mediation (100-120
words). Consider:
2 _ The mediator does not make decisions
during the mediation. How should the parties behave during the mediation?
3 _ The man doesn't think he and his ex-wife Why is it important to have an open mind?
will come to a fair solution. What Willyou, the mediator. do during the mediation?
29
UNIT 5.
ARBITRATION
1. What is arbitration?
TASKS. Reading the below text and present some details about “What is arbitration?”
2. Basic principles of arbitration
• Arbitration is Consensual: Arbitration is a mutual process that requires the consent of
both parties.
• Arbitration is Neutral: Arbitration is a neutral process hence it provides equal opportunity
to the parties such as; Arbitrator, Arbitration Panel, applicable law, language, and venue of the
arbitration.
• Arbitration is a confidential procedure: The arbitration rule specifically protects the
confidentiality of the matter.
• The parties choose the arbitrator: Each party has the right to choose their arbitrator to
whom they think will fit to handle their case.
• The decision of the arbitral tribunal is final and easy to enforce: The decision of the arbitral
tribunal is final and known as Award.
3. Advantages and disadvantages of arbitration
- You waive your right to have a judge and jury decide the case.
- You may be required to pay prohibitive legal costs, and recovery of attorney fees may be
unavailable.
- The arbitration forum may depend on the corporation for repeat business. This means they
may have an incentive to rule in their favor.
- There are limited avenues for appeal. Erroneous decisions cannot easily be overturned.
- Awards may be fiercely fought, resulting in huge legal expensive.
4. Arbitral tribunal
An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is
convened and sits to resolve a dispute by way of arbitration.
The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which
might include either a chairman or an umpire.
5. Arbitration proceedings
TASKS. Reading & Discussing
- GENERAL PRINCIPLE – PARTY AUTONOMY
- PROCEDURES DECIDED BY THE TRIBUNAL
- HEARINGS AND EVIDENCE
6. Arbitration clause
a. Arbitration Clause Defined
Arbitration clauses, also known as arbitration agreements or arbitration provisions, are
alternative dispute resolutions. Both parties essentially agree to settle disputes out-of-court with
an arbitrator. Decisions coming from arbitration are legally binding unless the parties otherwise
stipulate that the outcome is non-binding.
b. Arbitration Clause Explained
A standard arbitration clause defines the terms and conditions surrounding the dispute
resolution process. Dispute resolution addresses legal concerns that go beyond customer service
issues. However, arbitration clause signers should understand that they limit their right to civil
court redress when they sign them.
c. Purpose of an Arbitration Clause
The purpose of an arbitration clause is to reduce costs associated with settling disputes.
Arbitration proceedings are faster and private. Parties can also choose whom they want to handle
the proceedings.
TASKS. Writing & Speaking
- Writing: You are a lawyer in an ADR firm. Use the reading passage and write a letter to a
client who wants to take a company to court but has an arbitration clause in their contract
(100-120 words).
- Speaking: A short talk (two to three minutes) about an aspect of litigation or arbitration.
UNIT 6.
LEGAL CAREER
1. Barrister and Solicitor
TASKS. Reading

The study of law is intellectually stimulating and challenging, and can lead to a variety of
interesting careers.
In the UK and the USA, law degree programmes usually take three years to complete. In
the UK, these programmes typically include core subjects such as criminal law, contract law,
tort law, land law, equity and trusts, administrative law and constitutional law. In addition,
students are often required to take courses covering skills such as legal writing and legal
research.
There is also a variety of optional (elective) courses available. Since many law students go
on to become lawyers, students often take courses that
will be useful to them during their future careers. Someone wishing to run a small
partnership or to work alone as a sole practitioner in a small town may decide to take
subjects such as family law. Employment law and housing law. Those wishing to work in a
large law practice will consider subjects such as company law. commercial law and litigation
and arbitration.
Many universities also offer courses on legal practice. Courses like this give students the
opportunity to experience the work of a lawyer before deciding
on a career in the law. Another way of finding out more about law in practice is to get
involved with a voluntary advice centre or law clinic. These clinics offer free legal assistance
to the local community and provide a useful introduction to some of the day-to-daywork
of a lawyer.
For students wishing to work in a commercial practice, knowledge of foreign languages is
essential. When law firms hire new recruits, they generally look at four things: education,
personality, work experience and language ability. Since English is the language of the
international legal community, law firms increasingly expect graduates to have a good
command of English.

2. Jury and Judge

Role of the Judge and jury

In a trial with a Judge and a jury, each have very different parts to play.

The jury listen to the evidence and decide who or what to believe. They decide what the facts of
the case are. They are the only ones who can decide whether the accused is guilty or not guilty.

The judge sees that the proper procedures are followed and she or he makes decisions about
all questions of what the law is in relation to the particular case. Because the jury do not decide
these questions, many of the discussions and decisions related to the law are made when the
jury is not in the courtroom.

When the jury reaches a verdict (decision on the guilt or otherwise of the defendant), its role

comes to an end.

If the jury finds the defendant guilty, it is then the role of the Judge to decide the appropriate

sentence.

In Vietnamese law

Except for summary proceedings, trial courts sit with Assessors.

Judges and Assessors are independent in deciding cases and bound only by the law; agencies,
organizations and individuals are prohibited from interfering in the adjudication of Judges and
Assessors.

Hearings of the People's Courts are open to the public. In special cases which require the
protection of State secrets, national fine traditions and customs, minors or private life at the law
request of the parties, the People's Courts may hear cases in camera.

TASKS. Reading (Unit 8 - Book 1/CAREER PATHS)

3. Time management
TASKS. Reading + Listening (Unit 1 - Book 3/CAREER PATHS)
4. Calendars in a law firm

Why do most law firms need calendar system?

A leading cause of malpractice and ethics complaints is attorneys’ failure to meet or respond to
deadlines. Attorneys are generally very busy individuals and can get caught up with any number
of tasks. For this reason, a system must be established which tracks court dates, statute of
limitations, client appointments, file reviews and other similar crucial dates and deadlines.

A calendaring system usually incorporates the functions of tickling and docketing. Tickling refers
to the regular and systematic process by which the lawyer pulls files for review and work.
Docketing deals with specific deadlines and upcoming dates of importance. Additionally, a
calendaring system should also take into account non-work related considerations such as
vacations, appointments, etc.

TASKS. Reading + Listening (Unit 2 - Book 3/CAREER PATHS)

5. Interviewing clients
TASKS. Speaking (Unit 14 - Book 1/CAREER PATHS)
6. Interviewing witness
TASKS.
Reading (Unit 14 - Book 1/CAREER PATHS)
Writing: Some legal document draftings
 Rules and Expectations
Thank you for reporting for jury duty. The following is a
description of what to expect today.
You will receive a number.Enter the courtroom
when the clerk of the court calls that number.
In the courtroom, have a seat in the jury box.
The bailiff will direct you.
Attomeys for the defense and prosecution
will then ask you questions.A judge
presides over the proceedings and the
court reporter records your answers.The
goal is to select
jurors for a trial. It is
important that you
answer their
questions honestly.
This provides the
defendant with a fair
trial. Potentialjurors
may leave after
questioning if not
selected.

Get ready!
o Before you read the passage,
talk about these questions.
1 Who must be in a courtroom
during a trial?
2 How can lawyers be sure that
jurors wilt be fair?
Vocabulary
Reading
e Match the words (1-6) with the definitions (A-F).
1 _ clerk of the court 4 _ prosecution
f) Read this court pamphlet. 2 _ court reporter 5 _juror
Mark the following statements
3 _defense 6 _ bailiff
as true (T) or false (F).
1 _ A judge asks potentialjurors A the side of a case that attempts to prove innocence
questionsto checks if they B the side of a case that attempts to prove guilt
are biased. C a personwho assistsa judge
2 _ Jurors'answersare recorded 0 an officer who keeps order in court
by an employee of the court.
E a personthat types everythingthat is said in court
3 _ Every person that reports tor F a personwho listens to a trial and decides if a defendant i:
jury duty listens to a trial.
guilty or not
18
 o Check (.I) the sentence that uses the underlined parts Speaking
correctly.
_A
o With a partner, act out the
The proceedings took place in the courtroom on the roles below based on Task 7.
second floor. Then, switch roles.
_8 The defense brought the lawsuit against the corporation.
USE LANGUAGE SUCH AS:
2 _A The judge took his seat in the jUry box when the trial
Your Honor, I don't believe that ,..
started.
He believes that .
_8 Judge Williams is presiding over the upcoming trial.
My client is only .
3 _A Mary isn't going to be at work because she has jUry dut~.
_8 The Qglliff typed the attorney's words very quickly.
4 _A The court reporter sat at the table with her client and Student A: You are a defense
waited for the trial to start. attorney. You see a problem with
_8 The attorney stood close to the jUry box as he made
a juror. Talk to Student B about:
his argument to the jurors. • the juror
• a question and answer
" "Listen and read the text again. Say what happens • your client
when you report for jury duty.
Student 8: You are a judge.
Listening Talk to Student A about a juror

o "Listen to a conversation between a iudge and a

and make a decision.

defense attorney. Choose the correct answers.

What is the conversation mostly about? Writing
A removing a juror
8 questioning a juror
C selecting a new juror
0 protesting a juror's decision
o Use the conversation
from Task 8 to complete
the notes about selecting
2 What is the judges opinion?
a jury for a trial.
A He thinks young people otten commit crimes.
8 He plans to release the defendant.
C He doubts the juror would be unfair.
Today, we _a iuror. ,
o He agrees with the attorney's argument.
thought he would be -

o "Listen again and complete the conversation.

I believe this because he
Attorney: Your Honor, I don't believe that 1 four
should sit for this trial. C
Judge:
Attorney:
For what 2 ?
One of his answers to my questions. He believes that
-
young people are more likely to commit crimes these
days.
Judge: And you're worried that he will be 3 toward the
The jdge -----
defendant? and------
Attorney: Yes. My client is only seventeen years old.
Judge: The 4 has a point. We'll release him.
Attorney: Thank you, Your Honor.
is Judge: We'll continue the 5 atter the 6 of the
court calls in another juror.
 ..ctr.vvc -
""6)rc7 roJV1~V!.l.-
o 15 ~ ;V~Y'" r '·r /
THINGS TO DO TOOAY

Reading
f) Readthe extract and mark the following
2 deadline
statements as true (T) or false (F).
1 _ Delegatingis a good way to lighten your
workload.
2 _ Simpletasks are less urgent than more
complex tasks.
3 _ Do easy jobs first and the harder,more
unpleasantjobs later.

Vocabulary
6) Match the words (1-6)with the definitions
(A-F).
1 _maximize 4 _ prioritize
2 _ procrastinate 5 _delegate
3 _ accomplish 6 _pick out
A to not do somethingthat needs to be done
8 to make the best use of something
C to decide what is most important
o to choose something
E to give work to another person to do
F to complete somethingsuccessfully

o Fill in the blanks with the correct words

and phrases from the word bank.
BANK
~
crucial task urgent deadline
workload to-do list realistic progress

1 Philiphasn'tmadeany on his report.

2 Jack's is heavy so he has no free .
time.
3 The Jenkinsreport is on the top of Sonya's

4 Fionahad to take a(n) call from a

Get ready! client.
o Before you read the passage,talk about 5 It's
spelling errors.
to check your work for
these questions.
6 Henry asked Georgeto help him with a small
1 Why is time managementan important skill?
2 What are some methods busy people can use
7 Derek shouldbe more . He will
to stay organized?
never be able to finishthe work in one day.
S The for the report is tomorrow.
4
" "Listen and read the text again. Say
three things you remember from the text.
o With a partner, act out the roles below
Listening
o lawyer
"Listen to a conversation between a
and her legal assistant. Choose
the correct answers.
1 What is true about the Adams case task?
A the deadline to submit it is today
B it is an easy task for a legal secretary
C the attorney has been procrastinatingover it
o Sharonis responsiblefor getting it done
Speaking
based on Task 7. Then. switch roles.
USE LANGUAGE SUCH AS:
Let's talk about the Jobs that we need to
accomplish today.
I'm putting it at the top of my to-do list.
I've been procrastinating for days.
Student A: You are a lawyer.DIscussitems to
do with Students B

2 What is the attorney most likely gOingto do ~ . rle B You are a legal assistant Talkto
today? Student A about
A make some urgent phone calls • entry of appearance
B work on the Adams case • delegatingwork
C file an entry of appearance
o hire a new legal secretary
Writing
f) "Listen again and complete the
conversation.
o You are a lawyer. Use the reading passage
and the conversation from Task 8 to write
a memo to your assistant delegating some
Lawyer: Okay,let's talk about the jobs that of your work (100-120words). Consider the
we need to 1 today. following questions:
Assistant: Sure.
What do you need to accomplish today?
Lawyer: There are a numberof 2 _
Which tasks do you want your assistant to do?
jobs that need to be done. First.the
entry of appearancefor Herman Which tasks In the Itst are most urgent and why?
Bentley needs to be filed.
Assistant: I can do that easily enough.
Lawyer: Pleasedon't forget. The 3 is
today.
Assistant: I'm putting it at the top of my
4 _
Lawyer: And I have got to do some work for
the Adams 5 . I've been
procrastinatingfor days.
Assistant: That's not good.
Lawyer: I tried to work on it yesterday,but there
was just too much going on.
Assistant: There's a whole staff of secretaries
and assistantsin this firm.You need to
6 more work to them.
 Calendar Co
When starting your own practice, you need to realize that
law firms are hectic. You'llsoon be swimming in paperwork
and deadlines. But a missed deadline can lead to a
malpractice case. So good calendar management is vital
to the success of any law practice.
To start off, you need an individual planner to make a
note of your appointments. You can choose a pocket
planner, wall calendar or computer-based calendar -
whatever suits you best.
Your firm also needs a master calendar to track the
movements and appointments of your employees. It is
important to have a system in place to update the firm
calendar. You should also keep a tickler file to remind
staff about upcoming deadlines.
Thankfully, good calendar software programs are
available.The advantage of these is that information only
s
needs to be entered once. Then it can be viewed by
1.\
anyone in the firm. You can also see appointments in
various formats, such as by lawyer, by date or by location.
The software also helps you schedule group meetings by
Get ready! searching for conflicts in your colleagues' schedules.
Advanced calendar control programs can even
o Before you read the passage, automatically enter due dates tor you. For example, if you
talk about these questions. file a complaint, the program will calculate all upcoming
deadlines.
Where do people record their appointments
and important dates?
2 Law firms usually have a master calendar with
important dates marked. Why is this beneficial? Vocabulary
e the
Read the sentence pairs. Choose where
words best fit in the blanks.
Reading
& Read this blog on starting a law firm and 1 pocket planner I master calendar
complete the table using information from The is hanging on the wall in the office.
the text. John made a note of the date in his _

2 updated I reminded
Type of Calendar Uses
Alice Mr. Fey about the meeting.
pocket diary, 1 To make a note of your Hannah the firm calendar.
computer-based calendar appointments
3 tickler file I software
Master calendar 2 This stores appointments on the
computer system.
To remind staff about
3 Check the for upcoming deadlines.
upcoming deadlines
4 formats I conflicts
To help schedule group
4 Users can view the calendar in different __ .
meetings
Mr. Wong has several scheduling _

6
., Check (.I) the sentence that uses the underlined parts Speaking
correctly.
o With a partner, act out the
1 _A Staff should read the boss's individual planner dally. roles below based on Task 7.
_B Staff should look at the firm calendar regularly. Then, switch roles.
USE LANGUAGE SUCH AS:
2 _A Freda uses a wall calendar so that she can easily see
her appointments. I'm updating the master
_B Peter wrote the appointment on his computer-based
calendar.
calendar with a red pen. Do you have any appointments that
I need to add?
3 _A I can relax today. I have five upcoming deadlines.
We really ought to get 8 better
_B Every boss should track the movements of his or her staff. calendar system than this.

4 _A Ms. Dailey has an appOintment with her doctor.

_B Susan keeps her software in her briefcase at all times Student A: You are a legal
secretary. Discuss with Student B:
" "Listen and read the text again. How can you • adding appointments
maintain good calendar management? • the master calendar
• calendar software
Listening
o "Listen to a conversation between a lawyer and a Student B: You are a lawyer.
legal secretary. Mark the following statements as true Answer Student A's questions.
(T) or false (F).
1 _ The attorney wrote his upcoming appointments on his
wall calendar. Writing
2 _ The secretary has already updated the tickler file. o You are a legal secretary in a
3 _ The attorney prefers computer-based calendars to wall law firm. Use the reading
calendars. passage and the conversation
from Task 8 to write an email
., "Listen again and complete the conversation. to the boss suggesting why
calendar software would be
Secretary: I'm updating the 1 . Do you have beneficial (100-120words).
any appointments that I need to add? Consider:
Lawyer: Oh, yes. There's probably several of them. Here, why How you currently track employees'
don't you have a look at my 2 __ . appointments
Secretary: All right. And I've just added some information to the The problems with the current system
wall calendar trom the 3 . Some of The advantages of using calendar
those deadlines might apply to you, so you should software
check.
Lawyer: Okay, I'll take a look at it later.
Secretary: You know. we really ought to get a better calendar
system than this. There's really good 4 __
nowadays.
Lawyer: I guess I'm old-fashioned. I don't like 5 _

Secretary: But they're so usefull It's easy to track people's

schedules, plan meetings and avoid 6 __
and you only have to enter the information once.
•
Date: June 18
Client Name:ThomasJameson
InterviewingAttorney: Sarah Green
Mr. Jameson is a former employee of
SystemTech Inc. He hopes to sue the
company for wrongful termination.
It is Mr.Jameson'sassertion that SystemTech
Inc. released him because he was due for a
raise. He believes the company decided it Get ready! Li
would be cheaper to fire him and hire a less
experienced employee.
o Before you read the passage, talk about these 0
questions.
It is diffICultto tell if Mr.Jameson has a valid
1 What are some questions an attorney might ask a new client?
case. Eliciting factual information proved
difficult. Mr.Jameson frequently cites beliefs 2 What are some reasons why an attomey might not take a case?
about why he was fired. Yet he has not
obtained any documentation to support
these claims.I recommend that we decline to
Reading
representMr.Jameson. 8 "Listen and read the notes from an initial client
interview. Mark the following statements as true (T) or
false (F).
1 _ Mr. Jameson wants to sue his former employer.
2 _ Mr. James has evidence that he was fired illegally.
3 _ The attorney agreed to take Mr. Jameson's case.

Vocabulary
Q Write a word that is similar in meaning to the
underlined part.
1 While things that people think are ~ mean a lot to people,
lawyers are mainly concerned with facts.
__ I s AI

2 The client made a statement claiming that he had been

injured in the accident.
a r __ o_
At
3 Does the client have paper evidence to support his claim?
d m a _

4 What did the lawyer suggest that her client do?

__ c_m_e __
5 The man was angry because he felt that his loss of
A1
employment was unfair.
t n_I _
6 The jury must decide if the defendant's actions were illegal
or incQrrect. A1
w f __

7 Lawyers use interviews to ~ valuable information from

potential clients.
_b n
 o Readthe sentence and choose the correct
word.
Speaking
8With a partner, act out the roles below
The lawyer doesn't think Miss Martin has a based on Task 6. Then, switch roles.
(wrongful I valid) case.
USE LANGUAGE SUCH AS:
2 The attomey was able to (recommend I elicit)
Please, tell me what's going on.
a lot of useful information from the client.
So you're interested in a ...
3 The information presented In a trial must be
(factual/wrongful) or the judge will not allow it. Do you have ...

Listening Student A: You are an attomey. Conduct an

o "Listen to a conversation between an
attorney and a potential client. Choose
initial client interview. Ask Student B about:
• reason for visit
I client? the correct answers. • type of suit

a case? Why does the attorney believe the woman has • documentation
a valid complaint?
A She was never fired from a job before. Student B: You want to file a lawsuit. Answer
B She has documentation to support her claim. Student A's questions.
t C She won a previous wrongful termination suit.
(T) or
o She worked for the company for several
years. Writing
2 What will the woman likely do next? e Use the conversation from Task 7 to fill
A ask to get her job back out the attorney's notes.
B contact her former employer
C bring in her positive reviews
o sign a contract with the attorney Client's name:

o "Listen again and complete the

Reason tor "isi!:
Has documentation? YIN
conversation.
It yes, what type? ------
Attorney: Welcome, Mrs. Smith. Please, tell me accepting case? YIN
what's going on. RecOmmend
Client: Well, I was fired without 1 last
week.
Attorney: So, you're interested in a 2 _
___ suit?
Client: Exactly. For years I got great reviews
from my bosses. Then, suddenly, I was
let go.
Attorney: I see. Do you have 3 to support
that claim?
Client: Yes. Several years' worth, actually.
al
Attorney: Excellent. I think you have a 4 _
complaint. As soon as we 5 _
those reviews, we'll take the case.
Client: Great. I'll 6 right now.
 Get ready!
o Before you read the passage, talk about
these questions.
1 How can witnesses help or harm a case?
2 What types of witnesses are there?

A trustworthy witness is a great asset in any case. But not all

witnessesare reliable.Failingto confirm a witness'scredibility can
ruin the strongest case.
Takethe friendly witness. These witnessessometimestry too hard
to supportyour case.Whena biased friendlywitnesslies,your entire
case appears weak. Similarly,false statements from a prejudiced
or hostile witness have the same result.
Reviewing the qualifications of expert witnesses is equally
important.Onlytake testimonyfrom peopleat the headof their fields.
And don't overlookeyewitnesses. Check that eyewitnessesnot only
saw events firsthand, but also that they saw them clearly.

Q Read this article from a magazine and

mark the following statements as true (T)
or false (F). o
1 _ Friendly and hostile witnesses can have
similar negative impacts on cases.
2 _ Anyone with relevant qualifications can be a o Fill in the blanks with the correct words
useful expert witness. from the word bank. o
3 _ The author recommends that lawyers BANK
confirm eyewitnesses' view of events. ~
statement qualifications credibility
firsthand prejudiced
Vocabulary
e Match the words (1-5)with the definitions
(A-E).
1 Martin is not a reliable witness because he
De

didn't see what happened _ Dc

1 _ expert witness 4 _friendly witness 2 Gordon is a suitable expert witness because
2 _ eyewitness 5 _biased he is well respected and has university
3 _ hostile witness
3 Antonia has strong opinions, so the jury may
A a person who saw what happened find her too _
B a professional who gives an opinion in a case 4 Lawrence doesn't know the client very wen, S(}
C having a preference for someone or something his comments don't have much _
o a person who doesn't support a client's case 5 The paralegal typed up a for the
E a person who favors the client's case witness to sign.
32
" g Listen and read the text again. What Speaking
did you learn from the text?
o With a partner, act out the roles below
based on Task 7. Then, switch roles.
Listening USE LANGUAGE SUCH AS:
o "Listen to a conversation between an
attorney and a paralegal. Choose the
Thanks for coming in.
How long have you been a ...
correct answers. Well, eyewitness accounts aren't ...
1 Why does the lawyer bring in the detective?
A She was an eyewitness.
Student A: You are an attorney. You need a
B She could be an expert witness.
detective to help your case. Talk to Student B
C She investigated his client's crime. about:
D She recorded eyewitness statements. • being a witness
• qualifications
2 What is the detective's opinion of eyewitness
statements? • opinion of eyewitness statements

A They can help a case.

B They are often confusing. Student B: You are a detective. Answer
C They aren't always reliable. Student A's questions.
D They are the best type of evidence.

o "Listen again and complete the Writing

conversation.
o Use the conversation from Task 8 to fill
out the notes.
Lawyer: Thanks for coming in, Detective.
I'll get to the point. I need an
1 _
Detective: I'd be 2 to help. Witness
Lawyer: Great. And just to confirm your
3 , how long have you Interview
been a police officer? Witness's name: _
Detective: I've been on the force for
fifteen years.
Lawyer: That's good. Now, 4 _
___ say that my client was
Type of witness: _
at the scene of a crime.
Detective: But he wasn't there?
Lawyer: No. He just looks like the suspect.
Detective: Well, eyewitness 5 aren't
always 6 _

Opinion of Eyewitness Accounts; __

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