Types of legal professions in russia

Lawyers in private practice in Russia work mostly within colleges of ad­vocates–self-managed cooperative-type organizations.There are about nineteen thousand advocates in more than one hundred colleges. The highest body of advocates' self-management is the general meeting of a college. The presidium headed by the chairperson is the executive boardof each college. The presidium is elected by the general meeting for a term of three years.

Colleges of advocates are formed in accordance with territorial subdivi­sions – in the cities, regions (oblasts), republics or autonomous entities. In its territory any college is represented by law firms or legal aid offices,which renderall regular legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffsor defendantsin civil litigation, and provide defense in criminal proceedings.

There are now more and more American-type law firms in Russia func­tioning separately from colleges of advocates and especially involved in representing private businesses.

Many lawyers are employed by the law offices of enterprises, ministries and agencies as in-house counsel (jurisconsult). These lawyers have all powers of an attorney, but they represent their single and permanent "client" – their respective organization. There are about twenty thousand of them in Russia, and in view of the economic reform this body is growing.

Of course, many in the legal profession teach or do academic research work. In Russia there are forty institutions of higher education in law (either a law school attached to a university or a separate entity called a "juridicalinstitute"). New private law schools are popping up. There are also separate research centers in law, the most prominent of which is the Institute of State and Law under the Academy of Sciences of Russia.

collegeof advocates– коллегия адвокатов

self-managed cooperative type organization– независимая обще­ственная

организация

executive board– исполнительный комитет

legal aid offices– юридическая консультация

to render– предоставлять

in-house counsel– юрисконсульт

plaintiff– истец

defendant– ответчик

juridical– юридический

Вариант 2

THE AMERICAN LEGAL PROFESSION

The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.

In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of f work done by lawyers.

Attorney

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator,and/or a litigator.In each of these roles, the lawyer will need to engage in factual investigation.

With respect to each of these roles, the lawyer will do the following:

Counselor: Attorney will help advise the client how to order the client's affairs.

Negotiator: Lawyer will work with opposing counsel to try to get a fa­vorable resolutionfor the client. The art of negotiation involvesmany tech­niques individual to particular attorneys and the circumstances. The client always retains the right to accept or rejecta settlement negotiated or of­fered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.

Fact Investigator: All of the lawyer's roles require the investigation of relevant facts,including locatingand interviewing witnesses.

A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.

Judge

The judge is the final arbiter of the law. The judge is charged with the dutyto state, as a positive matter, what the law is. In addition, the judge is to maintain orderin the courtroom.

Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote.

Jury

The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive instructions from the judge as to the law, and its members will assess the factsas they perceivethem in light of the law,as instructed, to return a verdict.

Notes

attorney– поверенный

counselor– адвокат(США)

negotiator– посредник

litigator– сторона в судебном процессе

to engage in factual investigation– заниматься фактическим

расследованием

to order the client's affairs– приводить в порядок дела клиента

to get a favorable resolution– добиться благоприятного решения

the art of negotiation– искусство ведения переговоров

to retain the right– сохранять право

to accept– принимать

to reject– отклонять

motion– ходатайство

to locate– устанавливать местонахождение

to be charged with the duty– иметь обязательства

to maintain order– поддерживать порядок

to assess the facts– оценивать факты

to perceive– понимать, осознавать

in the light of the law– в свете закона

to return a verdict– вынести вердикт

I. Прочитайте и устно переведите весь текст, используя примечания после текста и методические рекомендации на стр.4–10. Перепишите, переведите и подготовьте контрольное чтение абзацев 1, 2, 3, 4.

II. Из всего текста выпишите все ing-формы и слова с окончанием -s, определите, чем они являются, и дайте перевод.

III. Заполните пропуски в предложениях. Предварительно внимательно прочитайте определения следующих терминов.

Legal, lawful, legitimate

Any action which is allowed by law is legal: It's legal for people over 18 to buy alcohol.

Legal also means "connected with the law": the legal profession.

Lawful means "existing according to law" and suggests that the law has moral or religious force: lawful marriage.

Legitimate means "accepted by law, custom or common belief ": the legitimate government

1. She is the................... owner of the property.

2. Is the procedure perfectly................. ?

3. The company intends to take........... action.

4. The Crown Prince has a.................... claim to the throne.

5. The defendant applied for.............. aid.

6. Schooling is a................ requirement for children over five years old in Britain and the USA.

7. He was attacked while going about his ………. business.

IV.Соотнесите словосочетания и их английские эквиваленты:

1) возбудить дело в суде a) to carry a case

2) обсуждать дело в суде b) to bring a case
3) проводить судебное дело с) to drop a case

4) представить дело суду d) to close a case

5) прекратить дело e) to initiate a case

6) отказаться от иска, f) to argue a case
обвинения

V. Образуйте существительные от данных ниже глаголов и переведите

их на русский язык.

To negotiate, to litigate, to engage, to oppose, to assess, to advise

VI. Ответьте на вопросы.

1. What are the main types of legal profession in Great Britain?

2. What duties to the client and to the court do solicitors have?

3. What kind of paper work do barristers do?

4. What is the usual way for solicitors and barristers to build up a practice?

VII. Прочитайте текст и изложите его содержание кратко по-русски.

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