Lawyers' Work

Lawyers work to assure the principle of equal justice under law to the people of the state.

A lawyer is both an advisor and an advocate. As an advisor, a lawyer informs clients about legal matters or represents persons, businesses, and the government in such matters as contracts and commercial transactions.

As an advocate, a lawyer acts for the client in court. A lawyer also advocates on behalf of clients in resolving disputes out of court.

Lawyers' work can include defending or prosecuting those accused of committing a crime.

Lawyers research legal issues, draft contracts, wills and other documents, counsel, mediate, and negotiate settlements.

Some lawyers specialise in advising corporations working as in-house counsel. They also act for the company in court if a dispute arises.

Most lawyers practise in law firms that can be small or big, but usually have different areas to counsel clients on.

Usually, lawyers concentrate on a certain practice area: taxation or intellectual property, some practise public interest law, for example, working to protect the environment.

Some lawyers may be appointed or elected to serve as judges. Judges preside in the courtroom. They resolve disputes and give the judgments. In a jury trial, they rule on points of law and tell the jury about the law that governs the case.

Lawyers also work for various government agencies and organisations.

Legal careers also include teaching law and research.

There are law-related jobs for which law degree qualification is not required. These are clerks, court reporters and secretaries.

Careers in Law Enforcement, in the USA for example, such as Private and Criminal detectives, FBI agents, Police officers, Customs officers are possible after obtaining a Criminal Justice degree.

Task 6. Find in the text the answers to the following questions:

1. What is the ultimate goal of lawyers' work?

2. What functions does a lawyer fulfill as an advisor and an advocate?

3. What is the scope of lawyers' activities?

4. What spheres do lawyers apply their knowledge and skills in?

5. Do lawyers mostly specialise in a particular field of activity?

6. What does a lawyer do in the capacity of a judge?

7. Can lawyers work as teachers of law and researchers?

8. What law-related jobs do not require the qualification of a lawyer?

9. What careers in law enforcement require a Criminal Justice degree?

Unit 8. Legal Profession

Task 1. Read the text and list the main stages of a solicitor's and barrister's education and career.

Barristers and Solicitors - Education and Career

"If law school is so hard to get through... how come there are so many lawyers? "

Becoming a solicitor:

In order to become a solicitor, one must have a qualifying legal education. The most common methods are getting an undergraduate law degree, or a degree in any subject followed by one year cramming law in a course formerly called the Common Professional Exam (CPE) and recently renamed the Postgraduate Diploma in Law. Other routes, for example, spending time as a clerk to magistrates, or passing exams set by the Institution of Legal Executives (ILEX) are possible. Up to this point, a barrister and solicitor have the same education. Thereafter they split. Solicitors take a one year course called the Legal Practice Course (LPC) and then must undertake two years apprenticeship with a solicitor, called "the training contract" (but still widely referred to as 'articles' by older members of the profession). At this stage young solicitors are paid salaries and are referred to as trainee solicitors.

Solicitors must pay the Law Society of England and Wales a practicing fee each year in order to keep practicing. If they do not do this, they are 'non-practicing' and are not allowed to give legal advice to the public.

Career stages:

The typical stages of a solicitor's career are as follows: being a trainee solicitor; becoming a practicing solicitor at a partnership or a solicitors' firm; and finally, the ultimate ambition of any solicitor is reaching the position of senior partner in a law firm.

Becoming a barrister:

Research has shown that the main abilities that contribute to success as a barrister are as follows: the ability to deal with a wide range of people; presentation and advocacy skills; the ability to digest large volumes of information in a short time and to handle the stress of long hours, tight deadlines and great responsibility; motivation.

Becoming a barrister requires a lengthy period of training to acquire the academic qualifications and vocational skills needed to do the job. They say that being a barrister really is a way of life, not just a career. It involves hard work, long hours and time pressures which can sometimes mean considerable sacrifices in terms of social and family life. However, many at the Bar would say that life as a barrister is worth the sacrifices.

THE ACADEMIC STAGE.

During the academic stage the following foundations of legal knowledge are to be studied:

• constitutional and administrative law

• criminal law

• law of contract

• law of tort

• land law

• equity and trusts

• European Union Law

While studying, a potential barrister should try to get some further insight into the work in his profession. The best way of doing this is through mini-pupillages. These usually take the form of a week's work experience and work shadowing: reading papers, discussing cases, attending court-events. Mini-pupillages are an important part of deciding whether life as a barrister really would suit a young lawyer and, if so, which areas of specialisation interest him or her.

THE VOCATIONAL STAGE. While the academic stage of training provides a general, theoretical introduction to the law, the next step – "the vocational stage" – is meant to acquire some legal training specific to work as a barrister. It consists of a one year course: the bar vocational Course (BVC). It is also possible to do the course on a part-time basis over two years. A potential barrister should aim to gain as much relevant experience and knowledge as possible during the vocational stage. This might include: debating, mooting (holding mock trials), work for a Citizen's Advice Bureau, attending court, marshalling (shadowing a judge), further mini-pupillages or, at the very least, reading the legal pages in the newspapers.

The vocational stage of training to be a barrister provides essential off-the-job training. Indeed, anyone successfully completing the vocational stage is eligible to be called to the Bar (a graduation-style ceremony at their Inn), whether or not they are going on to practise. However, it is only during pupillage that barristers can use to the full the valuable lessons learned during previous stages of training.

PUPILLAGE generally takes one year. All pupils are assigned to one or more pupilmasters or pupilmistresses, experienced barristers who organise training, allocate work and assess performance. Pupillages also give Chambers the opportunity to assess pupils with a view to ensuring that they become effective practitioners.

There is no doubt that pupillage is hard work. There is a great deal of research, together with document-writing and document-reading. In time, young barristers get cases of their own, clients of their own, court appearances on their own resulting in cases won or cases lost. This is where they start to build their own reputation.

In common with other professions, training for the Bar no longer finishes with pupillage. At the moment, a compulsory system of continuing professional development for the three years following pupillage is being elaborated.

TENANCY. While pupillage provides a somewhat robust introduction to life as a barrister, the transition to tenancy is the real beginning of a barrister's independent career. It is not simply a matter of getting your name on the door. Overnigh, a young barrister acquires a different status. It is now where the real responsibility begins. Sometimes, junior tenants are 'led' by their seniors (i.e. they assist them in large, important cases), but generally they are responsible for their own cases and clients.