Demand for Appointment of Attorney or Personal Appearance
1) Sincerely Yours, 2) Mr. Frank Smith
David Johnson, 29 Hessle Road
Attorney for defence Milwaukee, WI 84307
3) Dear Mr. Smith,
4) Mr. David Johnson
Attorney for defence
490 Sixth Avenue
Milwaukee, WI 49604
5) Thomas Williams, your attorney of record, has ceased to practice. Under Code of Civil Procedure section 286, Jane Wilkins demands that you appoint another attorney, or that you appear in person, in this action.
If you appoint another attorney, please notify me by filing and serving a substitution of attorney form. If I have not received such a form by 11 February 2008, I will assume that you have elected to appear in this action without an attorney, and further papers in the action will be served on you as provided by law.
Семестр II
Тема 9. Types of legal professions in Britain
Упражнение 1. Прочитайте и переведите текст
Law and Order
A. The police.
They do a number of things. When someone commits a crime (= breaks the law and does something wrong / illegal / against the law) the police must investigate (= try to find out what happened / who is responsible). If they find person responsible for the crime, they arrest them (= take them to the police station). At the police station, they question them (= ask them questions to find out what they know) and if they are sure the person committed the crime, the person is charged with the crime (= the police make an official statement that they believe the person committed the crime). The person must then go to court for trial.
B. The court.
In court, the person charged with the crime (now called the defendant or accused) must try to prove (= provide facts to show something is true) that they did not commit the crime; in other words prove that they are innocent (≠ guilty). The jury listens to all the evidence (= information about the crime, for and against the defendant) and then makes their decision.
C. Punishment.
If the defendant is convicted of the crime (= the jury decides that the defendant is guilty), the judge will give the sentence (= punishment). For example, if a person is convicted of murder, the sentence will be many years in prison. The person then becomes a prisoner, and the room they live in is called a cell.
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For crimes that are not serious (often called minor offences, e.g. illegal parking), the punishment is usually a fine (= money you have to pay).
Упражнение 2. Ответьте на вопросы.
1. Who investigates crimes?
2. Who sentences people?
3. Who lives in cells?
4. Who decides if someone is innocent or guilty?
5. Who defends people and presents evidence?
6. Who commits crimes?
Упражнение 3. Найдите в тексте русско-английские соответствия следующим словам.
1. Подсудимый
2. Наказание
3. Нарушать закон
4. Расследовать
5. Признавать виновным
6. Штраф
7. Виновный
8. Обвинять
9. Приговор
10. Убийство
11. Тюремная камера
12. Присяжные
13. Допрашивать
Упражнение 4. Заполните пропуски, используя слова из текста.
1. I have never ……… the law and ………. a crime.
2. In Britain it is ………. the law to drive a car without insurance.
3. If you park illegally you will have to pay a ………
4. The police were fairly sure the man committed the crime, but they knew it would be difficult to ………… it in court.
5. The jury must decide if the accused is innocent or ……….
6. In order to reach their decision, the jury must listen carefully to the ……….
7. If the accused is …………. of murder, the ……….. may be at least ten year in prison.
8. He has been in trouble with the police once before, but it was only a minor …
Упражнение 5. Прочитайте и переведите текст.
The Nature of Legal Profession
Throughout the world, the word “lawyer” is used to mean someone who has legal knowledge or who is engaged in the practice of law. Those unfamiliar with the English legal system are often confused by the variety of titles used for members of the legal professions. The confusion is not helped by the fact that there are many English words which may denote a lawyer, and different jurisdictions use different titles for lawyers: “advocate, attorney, barrister, solicitor”.
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For example, a lawyer in the United States is often called an “attorney”, which in England is a title formerly used by solicitors. Matters are made worse by the fact that not all words have the same meaning in different countries. In England, the word “solicitor” is used to denote the majority of lawyers, whereas in the USA the word “solicitor” generally refers to a door-to-door salesman – which is not how the English solicitor would really like to be considered.
Nowadays, the division between solicitors and barristers is quite vague, but generally their functions in law are supposed to be different.
Solicitorsare the “general practitioners” in law and in most cases a solicitor is the usual first point of access for a client needing legal services in the United Kingdom. Solicitors give legal advice and prepare legal documents in connection with matters which do not necessarily come to court, such as buying a home, renting out one’s property, renting a home, making a will, getting a divorce, resolving problems at work, setting up in business. They also prepare cases for barristers to conduct in court.
Solicitors generally practice in partnerships and some of the partnerships are now very large multinational organisations.
Barristersare experts in the interpretation of law and advocacy – the art of presenting cases in court. Barristers work mainly in the courts and tribunals. Their work includes presenting evidence, making submissions on behalf of their clients, representing parties in criminal trials, handling domestic disputes in Family Courts, dealing with civil claims for damages and compensation.
Barristers have a relationship with solicitors which is very much akin to that of specialist consultants in medicine to the family doctor. By having such specialists as an independent pool of expertise, the solicitor can choose the best qualified barrister in a specialist area.
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Barristers may not practice in partnerships. Instead, they share offices (which they call Chambers) with other barristers, but it is a sharing of expenses only, not of income.
Упражнение 6. Найдите в тексте русско-английские соответствия следующим словосочетаниям.
1. юридические услуги
2. адвокатская деятельность
3. группа независимых экспертов
4. палаты барристеров
5. специалист широкого профиля
6. вести дело в суде
7. представлять интересы клиентов в суде
8. решать семейные споры
9. вести гражданские иски о возмещении ущерба.
Упражнение 7. Ответьте на вопросы к тексту, используя ключевые слова и выражения.
1. What is the general meaning of the word “lawyer”? Does it have different
meanings in different countries?
2. Can you give your own definition of the word “lawyer”?
3. What are the main features of solicitors’ work?
4. In what ways do the functions of a barrister differ from those of a solicitor?
Упражнение 8. Заполните пропуски, используя следующие слова.
witness, trial, sentence, prosecution, crime, jury, defence, evidence, judge, defendant
Anyone accused of a serious (1)……….has a right to a (2)………by (3)………., a group of men and women (usually twelve) chosen by chance. A (4)……..lawyer tries to convince the court that the (5)……. is guilty. A (6)……..lawyer sets out to prove the accused person’s innocence. (7)A ……..tells the court what they know about the crime. After listening to all the facts or (8)……, the jury must decide whether the prosecution has proved guilt. The (9)……helps the jury understand the laws relating to the trial and pass (10)……if there is a guilty verdict.
Упражнение 9. Переведите названия юридических профессий.
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judge clerk advocate prosecutor notary
lawyer detective attorney sheriff barrister
solicitor juror (jury) in-house counsel / corporate lawyer
Упражнение 10.Заполните пропуски, используя слова, обозначающие юридические профессии.
1. … is a person who has legal background and does research in a legal
area or history of law, he writes articles or books on legal issues.
2.... presides in courtroom and administers justice, resolves disputes between the parties, decides the case during the trial, directs the jury and gives the judgment. Не/she either awards relief, in civil cases, or determines the guilt, in criminal cases.
3. ... investigates a criminal case, aims to discover the criminal, collecting
evidence and tracing him.
4. ..., ..., ..., or ... advises the clients on legal matters, prepares a case
documents, briefs a case, presents the case in a law court, acts and speak, for the client, mediates a case, defends or pleads the client’s case, brings an action when somebody breaks law, drafts legal documents.
5. ... usually initiates a criminal case and conducts criminal proceedings,
presents the evidence of the committed crime.
6. ... are elected community members who during the court proceedings
carefully see into the evidence, determine the facts of the case, then accept the law given by the judge and apply that law when reaching a verdict.
7. ... supports and counsels the business he works for, provides expertise in corporate, commercial, tax, insurance and other legal issues, drafts documents and contracts, acts for the company in negotiations, deals and lawsuits, and files lawsuits or brings a legal action against those who break law.
8. ... keeps law and order in a community or a region protecting the citizens
from law-breakers; he is ready to find and arrest the criminal.
9. ... is a court officer who files papers and keeps records of court proceedings.
10. ... is a public officer who certifies the document’s or its copy’s authenticity and witnesses official acts: wills, commercial papers, etc.
Упражнение 11.Прочитайте, переведите диалог и выпишите различия между адвокатом и юрисконсультом в Великобритании.
A.: I have some problems and need to consult a lawyer. Can you tell me where to find a good attorney?
В.: Attorney? You see, here, in London, we have solicitors or barristers.
A.: Solicitors and barristers... Which one is better to approach?
В.: A solicitor will help you from the start. But solicitors can’t represent you in court. This lawyer deals with clients, advises them and prepares legal documents. Barristers speak for clients in court. Solicitors do most of paper work for them.
A.: I see. In America counseling and advocacy in law court is performed by attorneys.
В.: What is your problem? Anything serious?
A.: Yes, rather. I think of bringing the action to court. So, I’d like to find a good barrister.
В.: We’d better visit my solicitor first. He will have an interview with you, look into the matter and then introduce you to a barrister, if necessary.
A.: Of course it will be necessary!
В.: Is it a criminal case?
A.: No, why?
В.: Because barristers speak in higher courts. Solicitors can speak for their clients in lower courts. Minor civil cases are decided in lower courts.
A.: I see. Then we’d better make arrangements with your solicitor as soon as possible.
Solicitor
solicit – ходатайствовать, хлопотать.
So, solicitor is a lawyer who solicits for the client.
Barrister
bar – 1) барьер, за которым находится суд;
2) суд в полном составе;
3) коллегия адвокатов.
So, barrister is a lawyer who is a member of the bar and who can speak before the bar.
Attorney
attorn – передавать кому-либо права, поручать.
So, attorney is a lawyer whom a client attorns the case, or transfers the right to deal with the case.
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