Audio transcripts
Mr Nichols: Well, as you certainly know, we're a relatively small
Unit 1
Listening 1
lawyer: Well. maybe I should start by explaining how things
work. You say that a writ has been served on you. informing
you lIlal an action has been filed against you for breach of
contract. Is that right?
Client: Yes. I got that yesterday.
lawyer: OK That means that a complaint against you has
already been filed with the court. Our next step will be to
draft an answer to thiS complaint.
Client: How does that work?
lawyer: In order to be able to draft an answer, I'll need
Information from you - facts. documents and the like - so
that I can begin preparing your defence. Of course, we'll
then also have to start building up evidence to support your
defence. For example. we may wish to get affidavits - sworn
statements - from potential witnesses supporting the
statements you've made in your defence,
Client: Right. What happens next?
Lawyer: Well, it depends on how we wish to proceed, We
Sllould try to have the case dismissed as soon as we can,
This'll require filing motions. We'll also have to draft briefs
clarifying our legal position, which we'll then submit to the
court,
Client: I see, Do you think there'll be a trial?
Lawyer: ThaI'S Ilard to say exactly.
Client: Urn, if there is a trial, when will it take place?
Lawyer: When the time comes, the court'li issue a notice to
inform us of the date and time of the hearing,
Listening 2
Anna: So, what are you two planning to do later, when you've
completed your degree?
Daniel: Well, right now, I'm planning to become a barrister,
because j'd really like to plead cases in court.
Anna: You've been watching too many of those American films,
when the handsome young attorney wins the case against
the big, bad corporation!
Daniel: Very funny, I just like the idea of argUing a case, I think
ird be exciting, What about you?
Anna: Actually, I'd like to work for a big corporation and advise
them on their legal affairs, as in,house counsel, I've heard
the work can be very challenging, What are your plans,
Jacob?
Jacob: I'm thinking about becoming a solicitor. I'm not that
interested in pleading cases in court. I'd rather do research
and give legal advice - I think that'd suit me better.
Listening 3
Mr Nichols: So, at this POint, I'd like to ask you if there's
anything you'd like to ask me? About the firm, for example,
Linus: Of course, I do have some questions, I guess I'd like to
know what irs like to work here, Urn. I wonder if you could
you describe the firm's culture for me?
commercial firm, We're what's known as a law boutique,
since we specialise in two areas of the law: Real Property
and Debtor,Creditor. Since we're specialists, we try to
maintain high standards in our work, As for the firm's
culture, I'd have to say we're pretty traditional. People dress
quite formally, in suits, and we don't call partners by their
first names. It's a good place to work, definitely friendly, but
people are serious and work very hard,
Linus: That sounds good to me, Perhaps you could tell me
something about the structure of the firm,
Mr Nichols: Well, the firm is headed by the two senior partners,
Mr Robertson and Mr Michaels, They founded the
partnership 30 years ago, They're still quite active,
especially with the older clients, but the day·to-day affairs
and the finances of the firm are managed by the full
partners, that's Ms Graham and myself, We also oversee the
two departments, But a salaried partner is in charge of each
of them,
Linus: I see. And how are the departments structured?
Mr Nichols: Well, in the Real Property Department. there are
three associates who report to the partner, and they're
assisted by two paralegals, In the Debtor-Greditor
department, there are two associates and two paralegals.
There's also one secretary for each department who
basically assists the partner who heads the department, but
who does on occasion do work for the associates as well,
since they're responsible for all the clerical work that needs
to be done. Of course, there are always summer aSSociates
or clerks working at the firm, on average four of them, not
just during the summer, but also during the term breaks,
Right. I guess that's all there is to say about the structure,
How does that sound to you?
Linus: Very interesting. Actually, the size sounds ideal - not
quite as small as the firm I worked for in Cambridge, where
I did my summer clerkships, but not too big, either, And
nowhere nearly as large as the European Commission
where I worked last!
Listening 4
1 I'm a newly qualified lawyer and I've just landed a job as an
associate at a mid·size law firm, The firm offers a wide
range of commercial law services, Our lawyers provide
advice on many different legal areas, including banking law,
corporate law and corporate tax, employment iaw,
commercial litigation, property law, to name a few, In the
next months, I'll be rotating through some of the
departments to get an idea about the different practice
areas, At present, I'm working in commercial litigation and
am enjoying it. My duties Include a good deal of client
liaison, lots of research and some writing of briefs and
letters, Urn, while I'm at this firm, I intend to speciaiise in
an area of the law that involves a lot of trial work, because I
think I'd really like to be a litigator,
2 I'm a sole practitioner In the area of employment and
labour law In a small City. Some of the legal issues I
commonly deal with are wrongful lemllnation, sexual
harassmeflt. and discrimination on the baSIS of gender. age,
religion, disability, natIOnal ongln or race. I also handle wage
and overtime disputes. employment contracts. publlc·sector
employee issues, and disability and workers' compensatIon
ISSueS. I counsel clients about their nghts and options. I
also provide advocacy for them, including representation in
mediations, arbitrations and litigation. My clients are
primarily indl~iduals. They usually need ad~ice in handling
personnel matters and resolving disputes, Two paralegals
assist me in my work at my offICe,
3 As an attorney. I protect the innovations and il1Vef1tlons of
my clients. I represent both plainlJffs and defendants In
trade-mal1l. traele-secret and Copyright Infnngement SUits In
both state and federal courts. I have a good deal of
expenence In domalfHlame disputes. I carry out
Intemational trademark and service-mal1l registratlOfls and
do availability searches and clearances of marks, trade
names and logos. My work also Involves providing
counselling to photographers, arChitects, graphic deSigners
and creators of fine art. I try to give them an understanding
of the laws and procedures that affect them and their
bUSinesses. I also serve as a tnal consultant and expert
witness In IP law. For bigger cases requinng additional
staffing and resources. I have a good working relationship
With a large IP firm and can arrange representalJon under
ttus firm if a client requests it. This reqUires a separate
retamer agreement.
4 I'm a senior partner In a large law firm. My maIn areas of
expertise are compelJtlon law and international trade law. I
adVise domeshc and International clients on all aspects of
competition and International trade laws, including domestic
and multijurisdictional merger transactions. criminal cartel
cases. and trade and pricing practices. I represent clients
before the Competition Tnbunal in merger transactions. I
advise clients on a regul<:1r baSIS With respect 10 restrictive
trade practiceS under the CompetllJon Act. Some of the
IndUStrieS my clients come from Include transportatlOfl,
steel, pulp and paper. telecommumcalJons. medIa and
entertairvnent. financial serviCes, electronIC products and
servICeS. food serviCes. and consumer products. On a
regular basiS I wnte papers and hold presentations for
business and profeSSional audiences on various tOPICS
dealing with competition and international trade law.
S I'm a shareholder in my firm and am head of my firm's
Litigation DiviSion. I represent landlords. tenants,
developers and contractors and have tried many cases
(mostly to successful conclUSion) in court or arbitration. I
assist clients WIth all types of real-estate-related litigation,
Il'ICluding lease and contract disputes, mortgage
forecloSlJres, property-tax disputes and land-ose disputes.
My practice also Involves all types of real-estate
transactions. In addition to lectunng and wnting aboUt rea~
estate Issues lor professional groups. mcluding lawyers.
accountants. lenders and real-estate professionals. I teach
courses on real-estate law for law students at the local
university. I'm an active member of several professional
organisations. including the state and national bar
associations, to name but two.
Listening 5
HI. for those 01 you who don't know me yet, my name's RIChard
Batley. I'm here to tell you about my expenence domg summer
and WInter clel1lshlps, In law school. the profesSOfs WIll always
tell you that irs Important to do some sort of work expenence
because irll improve your future job opportunities. Have you
heard that yet? well, Irs definitely true. I'm now in my last year
here, and I started domg summer and WInter CIer1l.shIPS In my
first year. It's been a tremendous Iearmng expenence.
Most of my clerkshlps have lasted for a penod 01 four weeks.
I've lned to vary the firms I wol1l for, Irom a small two-man firm
nght through to a huge global firm. Each firm was different. At
smaller firms. I was expected to be more independent and was
responsible for more things. I liked that a lot. Since I was
usually the only clerk there at the time. I'd have to do whatever
work needed to be done.
Working at the bigger firms was quite different. I was usually
one among many clerks. The work I performed there tended to
concern bigger cases that were qUite Important and so !hey
had more ·preslJge-. That was really interesting. At the larger
firms. I usually had a chance to move between groups In
different practICe areas. helping out where needed. thIS
allowed me to ga,n some msight into what was involved 10 the
legal work camed out in these teams and In the different
practice areas.
At the smaller firms, I wrote case briefs for the partners and
associates. and all kinds of correspondence with clients from
the first day on, whiCh I liked doing. At the bigger firms, I was
asked to do research and to help to maintain court books.
That was a usefulleamlng experience, too.
In my opomon. the main advantage of a clerkship at a large firm
is that you meet a lot of new people, There's a big network of
people - so many different lawyers and chents. There's also a
greater emphasIs on learning and develoPing the vanous skills
a lawyer needs In courses and semmars.
I must say that both the larger and the smaller firms tned to
give me a sense of being a part of the comP<Jny. as if I really
belonged to their tearn. At the larger firms, I was even invited
to some of their social events, and that was really fun.
However, the smaller firms definitely made you feel more
comfortable: everything was more Inendly and relaxed. But in
both tYpes of firms I never felt that I was wasting my time,
My advice to you all IS that trS really Important to try to do
cIeI1IshlPS, startq Ifl your first year of law school. I also thll1k
Irs valuable to get 10 know a vanety of firms, WIth different
practJCe areas and dIfferent sizes. I'm sure It will help you decide
what kind of law you want to prnctlse later, and wtlat kind of law
firm you'd feel most comfortable m.
Unit 2
Listening 1
Ms Norris: So, based on all the background Information you
prOVIded me WIth, my strongest recorrvnendation IS for you
to lnc0rp0f8te for lhe reasons we diSCUSsed.
Mr O'Hara: All nght. Of course. I !nJst your Judgment. But I'm
completely new to thiS. How does It work exactly? I mean, I
assume that the paperwork has to be drafted by you aod
filed with the State ...
Ms Norris: Weli, urn, let me begin by teillng you about how tile
process workS in our state. in Deiaware. You know, qUite a
few large corporations choose to mcorporate here due to
our highly developed corporate legal system.
Mr O'Hara: Right. So what do we have to do first?
Ms Norris: The first thing you have to do IS select a name -
but the incorponllor has to check whether that IlSme is
available in the State.
Mr O'Hara: The incorporator?