1. UNIT 10
The Legal Profession

2. Introductory exercise
Do the exercise I, p 85 in your text book.
Match the terms for different legal professionals with the descriptions of their work.

3. The Legal Profession in England and Wales two branches
SOLICITOR
BARRISTER

4. The Legal Profession - SOLICITOR
- drafts legal documents
(drawing up contracts, drafting wills, administration of estates, family matters, formation of companies, criminal offences …)
gives written advice, meets and interviews clients
traditionally represents in the inferior courts (Courts and Legal
Services Act 1990 – have the right to apply for a certificate of advocacy in higher courts; Access to Justice Act 1999 all solicitors should be given full rights of audience)
receives instruction from lay clients (e.g. the administration of estates, family matters, the formation of companies, criminal offences)
instructs barristers on behalf of lay clients
calculates claims for damages

5. Work practice
Around 120,000 with practicing certificates in England and Wales
Work :
- in private practice
- employed by local or central government
- as “in-house” lawyers for commercial or
industrial organisations
- court service
TOP SOLICITORS – often partners or senior partners in law firms.

6. The Legal Profession - BARRISTER
provides representation in the courts (has the RIGHT OF
AUDIENCE in all courts in England and Wales)
drafts documents associated with court procedure
provides specialist legal advice (e.g. on evidence
and procedural matters)
takes instructions (only) from solicitors, however hold conferences wiht clients to discuss their case / problems
represent clients in court (presenting the case, examining witnesses)
summing up arguments that court may base its decision on
negotiates settlements with the other party in the dispute

7. Work practice Over 12,000 barristers in England and Wales Work :
- as self-employed in offices called “chambers”
- set of chambers = 15 – 30 barristers (each having
a barrister̕ s clerk - a liason between the barristers
and the instructing solicitors 
- employed barristers in industry, commerce, government
Bar Council΄s Public Access Rules in 2004  barristers accept instructions directly from citizens
(exceptions: criminal and family law, immigration – no direct instrustions)

8. Two types of barristers
Junior Counsel
all practising barristers until they become Queen’s Counsel
Queen’s Counsel
after at least 10 years of experience as a barrister or solicitor with an advocacy qualification it is possible to apply to become a Queen’s Counsel (QC)
wears silk gown ('takes silk' ) as a sign of honour
10% of the Bar
take on more complicated and high-profile cases
senior judges chosen from the ranks of QCs

9. How do solicitors and barristers work together
How do solicitors and barristers work together? Preparation of a trial in the superior courts
SOLICITOR – takes instructions
from the client
SOLICITOR – prepares briefs and approaches the barrister
BARRISTER – gives an opinion or represents the client at the trial

10. L i a b i l i t y BARRISTER SOLICITOR liable for (since 2000)
NEGLIGENCE
not liable for
DEFAMATION
BARRISTER
(since 2000)
liable for
NEGLIGENCE
in the conduct of a case

11. Content and language work
do the exercise III, p. 87 in your text book to summ up the main information about the two legal professions
do the language exercise IV, p. 88
a) find collocations
b) translate the phrases 1 – 12 into Croatian

12. Training and Qualification SOLICITOR
3 STAGES 1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL) 2) Passing a one-year Legal Practice Course (LPC) + examination at the Law Society 3) working for 2 years as a trainee solicitor – a training contract (with a legal firm or in the legal department of a local authority or large company) admitted as a solicitor receives his Certificate of Practice

13. Training and Qualification BARRISTER
3 STAGES
1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL)
2) joining one of the Inns of Court
+ a one year Bar Professional Training Course (BPTC); passing an examination (conducted by the Council for Legal Education)
the call to the Bar
3) pupillage – a year long apprenticeship (usually at barrister’s chambers – learn how to prepare and present a case) - applying for tenancy in chambers
Full Qualification Certificate
the RIGHT OF AUDIENCE
in any court of law in England and Wales

14. Inns of Court

15. The example of Lincoln’s Inn

16. Some recent changes in the profession of lawyers…
Recently a new scheme has been introduced - a client can instruct a barrister direct through a scheme called ‘public access’
this is only in certain types of cases and only where the client can effectively act as their own solicitor
FIND MORE USING THE FOLLWING LINK
Contrary to popular belief both barrsiters and solicitors can become judges, although more judges have come from the bar than from the ranks of solicitors, and still do.

17. Essential expressions
- solicitor = odvjetnik na nižim sudovima
- barrister = odvjetnik na višim sudovima
- the Bar = odvjetnički stalež
- to call to the Bar = postati član Odvjetničke komore
- to disbar = isključiti iz odvjetničke komore, oduzeti licencu
- the Bar Council = Odvjetnička komora engleskih i velških viših odvjetnika
- Law Society = profesionalno tijelo engleskih i velških nižih odvjetnika
- a bar association (AE) (Croatian Bar Association) = odvjetnička komora
- to serve articles to a solicitor = obavljati praksu kod odvjetnika koji ima pravo zastupanja na nižim sudovima
- to qualify for Call to the Bar = ostvariti uvjete za dobivanje odvjetničke licence i prijem u Odvjetničku komoru
- to undertake pupillage in chambers = obavljati odvjetnički vježbenički staž u uredu odvjetnikakoji ima pravo zastupanja na višem sudu

18. Essential expressions
- barristers chambers = ured odvjetnika s pravom zastupanja na višem sudu
- to draw up/draft legal documents = sastaviti pravni dokument
- a contract /a will = ugovor / oporuka
- to give legal advice = pravno savjetovati, davati pravni savjet
- to receive instructions from lay clients = dobiti naputke (podatke) o predmetu od klijenta
- to take instructions from a solicitor = dobiti naputke (podatke) o predmetu od odvjetnika s pravom zastupanja na nižem sudu
- to brief a barrister = izvijestiti odvjetnika s pravom zastupanja na višem sudu o detaljima predmeta
- a brief = kratki prikaz predmeta
- to be liable for negligence / defamation = biti (pravno) odgovoran za nemar / klevetu
pleadings = pisani podnesci, parnični akti;
- to plead a case = zastupati u sporu
the right of audience = pravo zastupanja stranke / klijenta na sudu

19. Vocabulary practice Find the terms containing the word BAR which match the following definitions.
1. A lawyer who is qualified to plead on behalf of clients is a ____________. 2. In the UK, a training course which enables people who wish to become barristers and who have registered with the Inns of Court to acquire the skills and knowledge to prepare them for the specialised training of the pupillage is called ________________ Course. 3. A ceremony held at the end of this training course, when a candidate enters the profession is known as ___________________. 4. An organisation regulating the legal profession is a __________________. 5. To grant the entrance to the legal profession or to __________________. 6. To compel a lawyer to stop practicing law due to an offence committed means to _______________ a lawyer.

20. Vocabulary practice – Answer key
1 a barrister
2 the Bar Professional Training Course (BPTC)
3 the Call to the Bar
4 a bar association / a bar council
5 to admit to the Bar
6 to disbar

21. Stages of education and qualification
Step 1 – study the table:
exercise V p. 88
Step 2 – read the text in exercise VI and
fill in the gaps

22. Research task – visit the page of HOK
Which information on the work of Croatian Lawyers chamber can you find?

23. PART II – CV Read the CV, p. 92 – 94.
Think about language and style of the CV
Answer the questions, p. 94