Legal Profession in Great Britain

The legal profession is one of the most prestigious and well-paid in Britain. England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. There are two main branches, those of solicitors and barristers. Of these, barristers form the senior branch of the legal profession. (This division of the legal profession is due mainly to historical causes.) Each branch has its own characteristic functions and a separate governing body. This system has been criticized in recent years because of the resulting duplication of services, delay in the legal process and its expense. The Conservative government legislated for substantial changes in the legal profession and in the legal services generally, which are intended to benefit consumers.

Barristers

The senior branch of the legal profession in England, Wales and Northern Ireland is a barrister. There are over 9,000 barristers, who have the right to fight a case in the higher courts (the Crown courts and the High Courts) in England and Wales. Barristers belong to the Bar, which is an ancient legal institution and which is now controlled by the Bar Council. There are also the four legal societies or Inns of Court in London, they are Gray's Inn, Lincoln's Inn, the Middle Temple and the Inner Temple. The four Inns of Court, law colleges, date from the Middle Ages and have maintained their autonomy and privileges, and have been more resistant to attempts at reform than any other British institution. Barristers (professional advocates) have two main functions: first, to give specialised advice on legal matters and, secondly, to act as advocates in the higher courts. Most sections of the general public cannot approach a barrister directly, but must be introduced by a solicitor.

In order to become a barrister, one must have a university degree, plus additional professional examinations organised by the Council of Legal education. He will then become a member of one of the four Inns of Court to complete the training in the law and in the skills required to argue a case in court and pass the Bar examinations. The student must dine in his Inn for a number of terms before being accepted as a barrister or called to the Bar. A newly qualified barrister will then join the 'chambers' of an established barrister and slowly build up experience and reputation as an effective advocate in the higher courts.

Barristers are self-employed individuals who practise the law from chambers (or offices), together with other barristers. The barrister’s career starts as a 'junior' handling minor cases (or briefs). He or she may have difficulty in earning a reasonable living or in becoming established in the early years of practice, with the result that many barristers drop out and enter other fields.

If the barrister persists and builds up a successful practice as a junior, then he or she may become a Queen’s Counsel (QC) known within the profession as 'taking silk'. A QC is a senior barrister who can charge higher fees for his work, but who is then excluded from appearing in lesser cases. In practice, some successful barristers decide not to take the gamble, but remain as juniors. However, the appointment as a QC may lead to a future position as a judge, and it is regarded as a necessary career step for the ambitious.

Solicitors

There are nearly 71,640 solicitors, who practise mainly in private firms, but also in local and central government, in legal centres, and in industry. They are a more recent development than barristers, and are now mainly organised by their professional body, the Law Society. The solicitors' branch is still a middle-class profession, but it is increasingly attracting members from a relatively wide spectrum of society.

In order to become a solicitor, it is now generally necessary to have a university degree, preferably but not essentially in law. After passing additional professional examinations organised by the Law Society, the student will serve a practical apprenticeship with an established solicitor for some two years. After the total period of about six years education and training, the new solicitor can practise law. Solicitors deal with general legal work, though specialisation in one area of the law is now widespread. Their firms (or partnerships of solicitors) offer a wide, range of services, such as conveyancing (the buying and selling of property); probate (wills and succession after death); family matters; criminal and civil litigation; commercial cases; and tax and financial affairs.

A lot of work In English solicitors firms is undertaken by managing clerks, now called legal executives, who are a third type of lawyers. Legal executives now have their own professional and examining body – 'the Institute of Legal Executives'.

Although people are free to conduct, their own cases if they wish so, the client with a legal problem will normally first approach a solicitor, who can usually deal with all aspects of the case. The solicitor in the past was only able to appear for his client in the lower courts (county and magistrates courts). Because he could not appear (had no rights of audience) in the higher courts, it is usual for a solicitor to hire a barrister if the case was to be heard in a superior court. This practice, which was criticised as expensive and inefficient, is now being changed to allow qualified solicitor-advocates to have rights of audience in the higher courts.

Judges

The judgesconstitute the judiciary, or the third arm of the constitutional system in the UK. There are a relatively small number of judges of various ages, and they are located in most large cities and in the higher courts in London. As there is no judicial profession in England, all judges are usually appointed from the ranks of senior barristers, although advocates or solicitors have now become eligible for some of the lower positions. Some become circuit judges, of whom there are about 300, assigned to county courts throughout the country. Above these, there are about 50 High Court judges who deal with more important or difficult cases around the country, and about 30 other judges, all of whom belong to one of the divisions of the High Court of Justice. The highest appointments are made by the Crown on the advice of the Prime Minister, and lower positions on the advice of the Lord Chancellor.

Other appointments of judges are supposedly made on non-political grounds. Once appointed, senior judges cannot be in practice removed from office until the retiring age of 75. It is often argued that judges should be more easily removable from office. But the existing measures have been designed to ensure the independence of the judiciary and its freedom from political involvement.

Some people feel judges to be socially and educationally elitist and remote from ordinary life. They are usually safe, conventional people and generally tend to support the accepted wisdom and status quo, and are overwhelmingly male.

The judiciary tends to be old in years because judgeships are normally awarded to senior practising lawyers, and there is no career structure that people may join early in life. There are promotional steps within the judiciary from recorder to circuit judge to high court judge, and thence to the Court of Appeal and the House of Lords.

Word Practice

Ex. 1. Read the words and guess their meaning. Mind the stress.

Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.

verb                noun (agent)  noun (concept)

to judge

to prosecute

to train

to practise

to advocate     advocate         advocacy

to specialize

to convey

to apply

to accuse

to interpretе

to prosecute        

Ex. 3. Pair the words in column B with the ones from column A.

Ex. 4. Decide which verbs you would use with the noun phrases you have identified in Ex. 3.

to legislate; to organise; to complete; to argue; to seek; to separate; to be; to have; to deal with; to prepare; to plan; to pass; to appoint; to defend; to obtain; to proceed.

Ex. 5. Add nouns to the following adjectives to form noun phrases.

legal; general; criminal; civil; matrimonial; petty; junior; vocational; senior; successful; important.

Ex. 6. Match the pairs of synonyms.

Ex. 7. Look through the list of the derivatives of the word "law" and supply them in the sentences below.

a law, lawful, lawfully, lawless, lawlessness, lawyer

1. We cannot tolerate such ... behaviour.

2. Many doctors want to see ... banning all tobacco advertisements.

3. The widespread atmosphere of... has caused chaos and insecurity.

4. Judge Keenan concluded that the surveillance had been ... .

5. Jake Coker, ... for a number of those detained, said yesterday that she would be making applications for habeas corpus.

6. Such a policy could not... be adopted.

Ex. 8. Match the words with their definitions.

prosecutor, judge, barrister, solicitor, legalese, painstaking, eventuality, loophole, ambiguous, litigate

1. a lawyer in Britain, Australia, etc. who is qualified to argue a case in higher and lower law courts;

2. having or expressing more than one possible meaning, sometimes intentionally;

3. a person who is in charge of a trial in a court and decides how a person who is guilty of a crime should be punished, or who makes decisions on legal matters;

4. a legal representative who officially accuses someone of committing a crime, esp. in a court of law;

5. formal language which is similar to the language in which legal documents are written and is difficult to understand;

6. the cause (an argument) to be discussed in a law court so that a judgement can be made which must be accepted by both sides;

7. extremely careful and correct, and using a lot of effort;

8. a chance to avoid doing something or to do something because of a mistake in the way rules or laws have been written;

9. a type of lawyer in Britain and Australia who is trained to give advice about the law and sometimes to represent people in court;

10. something unpleasant or unexpected that might happen or exist in the future;

Ex. 9 How are the following ideas expressed in the text?

1. a lawyer who has the right of speaking and arguing in the higher courts of law;

2. a kind of lawyer who gives advice, appears in lower courts;

3. allowed or made by law;

4. a room or building in which law cases can be heard and judged;

5. questions to be decided in a court of law;

6. a rule that is supported by the power of government and that governs the behaviour of members of a society;

7. a person whose business is to advise people about laws and to represent them in court;

8. a person who speaks in defence of or in favour of another person;

9. a lawyer who prepares an official paper by which the right to ownership of one’s property is given by one person to another;

10. a person who pays a professional person for help and advice;

11. a public official who has the power to decide questions brought before a court of law.

Ex. 10. Match English and Russian equivalents.

Ex. 11. Choose the best alternative to complete the following sentences.

1. In the prosecution / trial duties he had to interview people of all classes.

2. Judges / solicitors determine controversies between parties based upon evidence and legal agreement present.

3. Everyone stood up as the judge / witness entered the courtroom. Judge / clerk Butler gave the defendant a six-month jail sentence.

4. The chief prosecutor / barrister told the court that Johnson was guilty of a horrible crime and asked for the maximum sentence. A special prosecutor / investigator was appointed to deal with that particular case.

5. He pays very little tax because of some loophole / espionage in income tax legislation. Some countries have found a loophole / treason in the laws protecting whales by claiming that they use the whales in research.

6. After years of painstaking research / leave we finally come up with the right formula.

7. The government will never legalize / ban drugs like hashish or cocaine.

8. The results of the experiments were ambiguous / distinct and they will have to be done again.

9. His solicitor / public prosecutor assembles the materials necessary for presentation to the court and settles cases out of court, so barrister doesn’t prepare the case from the start.

10. We must be prepared for any eventuality /traditionally.

11. England is almost unique / ordinary in having two / three different kinds of lawyers, with separate / the same jobs in the legal system.

12. Solicitors / managing clerks prepare a case for a barrister / a judge.

13. In a civil / criminal action solicitors have the right to speak in the lowest / highest courts.

14. The law Society / the Bar is a governing body of solicitors.

15. It is a mistake to regard / to point a barrister entirely as an advocate / prosecutor.

16. Barristers are experts in the interpretation / examining of the Law.

17. Judges are usually chosen / appointed from the most senior / junior barristers.

18. The Queen’s Counsel / the Lord Chancellor is expected to appear only in the most important / trivial cases.

19. A number of lawyers is rapidly increasing / cutting down in England and Wales.

20. A lot of work in solicitors’/barristers’ offices is undertaken by legal executives / students.

Discussion

Ex. 1. Complete the following sentences in partA by adding the phrases given in partB.

A:

1. The legal profession is one of the most…

2. England is almost unique .....

3. Each branch of legal profession has .....

4. A general practitioner, confined mainly to the office ...

5. The solicitors deal with preparing .....

6. The solicitor has the right to speak in the Lowest Courts when ....

7. The barrister plans his advocacy .....

8. A young man joins a practicing solisitor as a clerk .....

9. When you have passed all the necessary exams and you are admitted to the Law Society .....

10. Barristers specialize .....

11. A barrister must be capable .....

12. Barristers are .....

13. Judges are chosen .....

14. When the student obtains a law degree and passes highly practical in nature vocational course .....

15. Clerks who undertake a lot of work in English solicitor’s offices .....

B:

1. the case is one of divorce, recovery some debts, petty crimes.

2. to qualify as a solicitor.

3. its own characteristic functions and a separate governing body.

4. in the form of a brief prepared by a solicitor.

5. is the solicitor.

6. in having two different kinds of lawyers.

7. legal documents for the clients.

8. you can start business on your own.

9. in representing clients in court.

10. of prosecuting in a criminal case one day and defending an accused person the next.

11. experts in the interpretation of the Law.

12. from the most senior barristers.

13. he may be called to the Bar.

14. are a third type of lawyers called “legal executives”.

15. prestigious and well-paid in Britain.

Ex. 2. Choose the best way to complete the sentences.

1. England has two different kinds of lawyers: .....

a) solicitors and barristers

b) barristers and legal executives

c) solicitors and judges

2. The client with a legal problem will first approach…

a) a legal executive

b) a solicitor

c) a judge

3. Solicitors work on court cases of clients .....

a) in the court

b) outside the court

c) at home

4. ..... is a governing body of solicitors.

a) the Bar

b) the Highest Court

c) the Law Society

5. The highest level barristers have the title of .....

a) Queen’s Counsel

b) Queen’s Advocate

c) Senior Barrister

6. The status to the barrister is bestowed by the Queen on the advice of .....

a) the Lord Chancellor

b) the Prime Minister

c) the Attorney-General

7. In order to become a barrister one must first be registered .....

a) as a member of the Law Society

b) as a student member of one of the four Inns of Court

c) as a member of the Bar

8. Many people believe the distinction between barristers and solicitors .....

a) should be adopted

b) should be eliminated

c) should be kept

9. The barrister career starts…

a) as a judge

b) as a senior barrister

c) as a junior barrister

10. All judges are appointed from…

a) the ranks of junior barrister

b) solicitors

c) the ranks of senior barrister

11. There are promotional steps within the judiciary…

a) from recorder to circuit judge to high court judge

b) from recorder to high court to the court of appeal

c) from recorder to circuit judge to the House of Lords

Ex. 3. Mark the statements which are true. Prove your idea.

1. The legal profession is one of low paid in Britain.

2. The division of the legal profession is of long standing and each branch has its own characteristic functions.

3. The training and career structures for the two types of lawyers are quite the same.

4. Solicitors specialise in representing clients in the Higher courts.

5. A barrister can only be consulted indirectly through a solicitor.

6. Barristers are paid directly by the clients.

7. A barrister is regarded to be an advocate.

8. In court, barristers wear wigs and gowns in keeping with the extreme formalities of the proceedings.

9. Judges are chosen from the most senior barristers and they can continue to practise as barristers.

10. Before a junior counsel can achieve the status of QC he must be able to point to at least 10 years successful practice as a barrister.

11. The government doesn’t consider it necessary to eliminate the distinction between barristers and solicitors.

12. The judge is the presiding officer of the court.

13. Judges themselves are a separate profession.

14. A barrister always enters the judiciary at the highest level.

15. The judge decides the interpretation of the law.

16. Judges are capable of “making law” through the doctrine of precedent.

17. Judges are under the control of Parliament.

18. Judicial independence is a fundamental principle of constitutional law.

19. Professional judges are paid salaries by the state.

20. Magistrates are also the professional judges but they deal with the less serious crimes.

21. Magistrates are selected by special committees in every town and district.

Ex. 4. Explain and expand on the following:

1. Each branch of legal profession in Britain has its own characteristic functions.

2. Most sections of the general public cannot approach a barrister directly.

3. Barristers are self-employed individuals.

4. The solicitors’ branch is still a middle-class profession.

5. Solicitor is a general practitioner.

6. Judges themselves are not a separate profession.

7. A barrister enters the judiciary at the lower trial level.

8. The judge decides the interpretation of the law.

9. Judges are capable of making laws.

10. Judges are not under the control of Parliament.

11. Alongside with the professional judges there are unpaid judges.

12. Magistrates are selected by special Committees.

Ex. 5 Choose someone to act as a solicitor and answer the visitors’ questions.

Ex. 6. Speak on the legal profession in Great Britain.

1. General characteristics: two kinds of lawyers; separate jobs; governing body; training structure; one practising lawyer per 1200 people; to compare with the USA; to increase rapidly; to make up;

2. Solicitor: to seek legal advice; variety of matters; to deal with legal documents; to buy and sell houses; to make a will; to write legal letters; conveyancing; probate; divorce; to work on court cases; to prepare a case for a barrister; to speak in the lowest courts; to recover some debts; matrimonial matters; petty crimes; criminal and civil litigation; tax; finance affairs;

3. Barrister: an expert in the interpretation of the law; to specialize in representing clients in court; to be consulted indirectly through a solicitor; to be employed by a solicitor; to be a professional advocate; to advise on really difficult legal matters; to spend a lot of time at paper work; to wear wigs and gowns; to have the title of Queen’s Counsel; to drop out;

4. Judge: to choose from; senior barristers; to continue, to practise as a barrister; to deal with; to be located; the independence of the judiciary;

5. Legal executives:solicitor’s offices; to undertake; managing clerks; to be a third type of lawyers; to have a professional and examining body.

Ex. 7. Complete each sentence with a word from the list. Discuss the information

firms, company, apply, enterprise, contracts, matters, dealing with, legal, image, criminal, income, leads, secure, public, dangerous, murdered, procedures, payment, insures, human, law, stockbrokers, clients, to restrict, attorney, access, represent, lawyer

A. However, in both the United States and other industrialized countries, … are becoming more and more specialized. Working in small …, lawyers now tend to restrict themselves to certain kinds of work, and a lawyer working in large … firms or employed in the law department of a large commercial … work on highly specific areas of law. One lawyer may be employed by a mining … just to prepare … for the supply of coal. Another may work for a newspaper advising the editors on libel … Another may be a part of a Wall Street firm of over a hundred lawyers who specialize in advising … on share.

B. As well as the type of work, the working conditions and pay among members of the … profession also vary greatly. For some people the … of a lawyer is someone who … a very wealthy and comfortable life. However, it shouldn’t be forgotten that there are also lawyers whose lives are not … . The Wall Street … probably earns a high salary, but the small firm giving … to members of the … on welfare right or immigration … may have … salaries in order to stay in business. There are lawyers whose business with fee-paying … subsidizes the work they agree to do for little or no … for citizens’ right groups. Lawyers involved in … rights may ever find their profession is a … one. Amnesty international research show that more than 60 lawyers. In countries where the government … that all people have … to a lawyer in an emergency, there are firms that specialize in … people who would not be able to pay for legal services out of own pocket. For example, in England anyone facing … prosecution is entitled to choose a firm of lawyers to … him. If his … is below a certain level he will not be asked to pay: the firm will keep a record of its costs and will … the government-funded Legal Aid Board for payment.

Grammar practice

The Infinitive

Ex. 1. Read and translate the sentences paying attention to the infinitive.

a) 1. In order to know a foreign language well you must work at it hard and regularly. 2. In order to become good specialists we must get knowledge of many juridical sciences. 3. In order to enter this college applicants must pass the entrance exams successfully. 4. In order to know this topic well you must work in the English laboratory today. 5. In order to be strong and healthy you must go in for athletics.

b) 1. To train law enforcement experts of high standards Belarusian State University provides all necessary conditions for its students. 2. To become a freshman of the University you must pass the entrance exams successfully. 3. I must work hard to know this subject well. 4. To get a diploma of a lawyer you must work a lot here at the college.

Ex. 2. Read, and translate the sentences paying attention to the Infinitive in different functions:

1. To pursue personal security means to protect the vital interests of a person from external and internal threat related to political and military activity, as well as environmental, informational and humanitarian safety.

2. To enter the scene of a crime and carelessly handle objects before they have been photographed and examined for fingerprints is unforgivable.

3. If there are no witnesses, the entire case must be proved through physical evidence alone.

4. The first officer to arrive at the scene of a crime has two major responsibilities: a) to examine the victim for signs of life, and b) to protect and preserve all physical evidence.

5. Various movable objects where fingerprints may be found, should be carefully removed to a safe place to be dusted later.

6. Any palmer skin design will serve to positively identify a person.

Ex. 3. Write down the sentences with the Infinitive Passive. Translate the sentences into Russian.

1. The English Queen (regard) as the supreme authority has in practice a very shadowy power of veto.

2. The British Constitution (study) in numerous documents is not codified in any particular document.

3. Justice in this country (administer) by judges greatly depends on the amount of money a person has.

4. Ministers of the British Cabinet (appoint) formally by the Queen, but in practice by the Prime Minister, are responsible for every part of the government's administration.

5. The facts about the crime (obtain) by the investigator can (give) by the witnesses.

6. The evidence (preserve) for court may be found in the crime scene.

7. The person (interview) must (prepare) to give information.

8. One remarkable feature of the English legal system (take) into consideration is that an important part of the law has never been debated by any Parliament.

9. The plans (fulfill) by the end of the year are of great importance for the country.