1595

20

This medium-sized city law firm is seeking an attorney with civil law experience. Primary responsibility is handling tort law cases. Most cases involve clients suing for monetary damages because of personal injuries. The attorney assists clients in filing for injunctions when needed. They will also be required to prove liability and establish the negligence of the defendants. Our clients generally require compensation for medical costs, loss of earnings and punitive damages.

The attorney may also be involved in other cases, including probate and divorce cases.

Please send your resume to the address below:

Benson and Cutler Law Firm

1324 Brook Street, Suite 201/ Reno, Nevada 89501

Vocabulary notes

1.To sue – предъявлять иск, преследовать по суду

2.Personal injury – личный вред, травма, оскорбление личности

3.Injunction – судебный запрет, запретительная норма

4.Liability – ответственность, обязанность

5.Punitive damage – штрафные убытки, принудительное возмещение убытков

6.Loss of earnings – потеря заработка

Match the words with their definitions:

1.Civil law

2.Monetary damages

3.Negligence

4.Tort law

5.Probate

a.The branch of law dealing with disputes between individuals and organizations

b.A sum paid to compensate for loss or injury

c.Law dealing with compensation for injury

21

d.The legal act of dealing with dead people’s property

e.The legal concept of not using a level of care that prevents injuries

Over to you

1. Make a cluster, structuring the information you learned about the main roles

of an attorney in companies and present it to the class

attorney

2.Choose one of the adverts and write your CV and a letter of application for the position you would like to apply for (See Supplementary materials).

Unit 4

Growth of the Profession

Get started

1.Why do you think the number of lawyers in the US is increasing?

2.What factors create demand for legal services?

Read the text and check your answers

Today, the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. Forty years ago, there was one lawyer for every 700 people. Why is a career in law so popular? Market forces account for some of the allure. We know that in 1994 the average salary of

22

experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians.

But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 100,000 dollars in 2014; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts.

The glamour of legal practice strengthens the attraction of its financial rewards. There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services. Materialism and individualism in American culture encourage dispute. Federalism gives separate legal systems for each state plus the national government. Advertising can now create demand for legal services, too. Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the government. The expression of group demands in a culture that encourages lawsuits thrusts on the courts all manner of disputes and interests. Is it any wonder that America needs all the lawyers it can train?

US Attorneys

The position of US Attorney was created in the Judiciary Act of 1789, one of the first laws of the country. In 1870, Congress created the Department of Justice. The US Attorneys became part of this agency.

The Justice Department is responsible for faithful execution of the laws under the president's authority. Today, there are 93 US attorneys serving the country's 94 district courts; one attorney serves both Guam and the Northern Mariana Islands district courts. Their duties: to prosecute violations of federal civil and criminal law and to defend the US in civil actions.

23

All U.S. Attorneys are required to live in the district to which they are appointed, except that in the District of Columbia and the Southern and Eastern Districts of New York, they may live within 20 miles of their district.

U.S. Attorneys are appointed by the President of the United States for four year terms. Their appointments must be confirmed by a majority vote of the U.S. Senate. By law, U.S. Attorneys are subject to removal from their posts by the President of the United States.

While most U.S. Attorneys serve full four-year terms, usually corresponding to the terms of the president who appointed them, mid-term vacancies do occur.

The U.S. Attorneys represent the federal government, and thus the American people, in any trial in which the United States is a party. Under Title 28, Section 547 of the United States Code, the U.S. Attorneys have three main responsibilities:

1.Prosecution of criminal cases brought by the federal government;

2.Prosecution and defense of civil cases in which the United States is a party;

3.Collection of money owed to the government, which cannot be collected administratively.

Criminal prosecution conducted by U.S. Attorneys includes cases involving violations of the federal criminal laws, including organized crime, drug trafficking, political corruption, tax evasion, fraud, bank robbery, and civil rights offenses. On the civil side, U.S. Attorneys spend most of their courtroom time defending government agencies against claims, and enforcing social legislation such as environmental quality and fair housing laws.

When representing the United States in court, the U.S. Attorneys are expected to represent and implement the policies of the U.S. Department of Justice.

Salaries of U.S. Attorneys are set by the Attorney General. Depending on their experience, U.S. Attorneys can make from about $46,000 to about $150,000 a year (in 2007). Details on the current salaries and benefits of U.S. Attorneys can be

24

found on the Web site of the Department of Justice's Office of Attorney

Recruitment and Management.

Vocabulary notes

1.The Judiciary Act of 1789 – Закон о судоустройстве, принят 24 сентября

1789 года. По закону была создана федеральная судебная система

(judiciary), в частности, учреждены Верховный суд США (Supreme Court, US), должность Генерального прокурора (Attorney General),

окружные суды (district courts)

2.The Department of Justice – Министерство юстиции США,

правительственное ведомство, образованное в 1870 году. Представляет американское государство во всех юридических делах и консультирует президента по вопросам правого характера

3.Faithful execution of laws – добросовестное исполнение законов

4.Prosecution – преследование в судебном или уголовном порядке,

обвинение

5.Violation of law – нарушение закона

6.United States Code – кодекс США, многотомный свод федеральных законов и поправок к ним. Переиздается раз в шесть лет. Состоит из 50

тематических разделов

7.Drug trafficking – наркоторговля

8.Tax evasion – отклонение от уплаты налогов

9.Fraud – обман, мошенничество

10.Fair housing laws – антидискриминационные законы в области продажи жилья и сдачи его в наем

11.Social legislation – социальное законодательство

12.Environmental quality – качество окружающей среды

Answer the questions:

1.When was the position of US Attorney created?

2.What is the Justice Department is responsible for?

3.How many US attorneys serve in this country?

26

No lawyer is an expert in all of the above roles or in every substantive area of the law. Some lawyers concentrate their practice in the area of counseling, while others develop and utilize specialized skills in advocacy. Some attorneys concentrate on antitrust law, while others specialize in tax law. For these reasons, it might seem desirable for the corporate client to choose a lawyer based on the specific problem that arises. However, this is not always feasible. First, lawyers do not normally “hang specialty shingles», and in most states they are prohibited to do so. Consequently, it is difficult for the business manager to know whom to call upon among the ranks of specialists. Second, specialists have a narrow focus on their specialty and lack a perception of the big picture. Selecting a generalist as corporate counsel has its advantages. The general practitioner can effectively handle most of the routine problems that confront a business firm. When a problem arises that necessitates a specialist, the general corporate practitioner is in a position to refer the client to one. The general practitioner will then be in a position to assist the client by briefing the specialist on the problem, thus saving valuable time.

Large companies hire lawyers and establish their own inside law firm. In house lawyers have the advantage of being closer to and more familiar with the business firm. They are hence in a better position than outside counsel to quickly identify and react to potential legal pitfalls and render on-the-spot advice. When problem necessitates specialized attention, it can be referred to outside counsel.

A lawyer is not permitted to solicit clients by direct contact. A person needing a lawyer's service must take the initiative and should contact counsel early and not wait until the problem intensifies. It is better to have a lawyer draft contract than to call a lawyer to remedy a problem arising from a contract poorly drafted by the client. If a firm has retained counsel or has an ongoing profession relationship with counsel, then that counsel can take the initiative when aware of activity or law that will affect the firm's business. This is not deemed solicitation since a lawyer-client relationship already exists.

27

It is important that the client make a full disclosure of the facts relevant to the given problem. If an attorney's opinion is based on anything less, the opinion is incomplete. A general understanding of the law affecting the business will help a business client to detail the material facts and avoid irrelevancies when communicating with a lawyer. Understanding the lawyer's role will facilitate communication. For example, a lawyer's questioning when seeking information from a client may sometimes seem accusatory. This questioning is deliberate, however, and it may be designed to prepare a client for intensive crossexamination at a court trial. The informed business client does not take offense at such questioning and recognizes that when the time for advocacy occurs, the lawyer will exert his or her skills toward defending the client.

The client should not take a passive role but should be actively engaged in assisting the lawyer's search for solutions. The business client needs to clearly inform the lawyer of the business purpose so that the lawyer will seek solutions compatible with that purpose. Finally, the client should expect high-quality service from counsel and should communicate that expectation. After all, the client is paying the bill.

The law encourages clients to fully communicate with their counsel by protecting such communication from disclosure to a third person. The attorney - client privilege gives the client the right to conceal matters relating to his or her counsel's advice. The canons of ethics do not permit an attorney to disclose communications regarding legal advice to the client. No good attorney would reveal information that should remain confidential. Disclosure is out of the question without your client’s consent. This could be the difference between effective representation and malpractice.

The law states that confidential communication with attorneys is the client’s right. As such, it is up to the client to decide whether to exercise that right. The client may, however, waive the privilege and authorize the attorney to make disclosure. The privilege only applies to confidential communications.

28

Communications made to an attorney in the presence of third parties other than the client's agents or employees are not privileged.

Vocabulary notes

1.Selecting a lawyer – подбор юриста

2.Substantive - существенный

3.Antitrust law – антитрестовское законодательство

4.Tax law – налоговое законодательство

5.Corporate client – корпоративный клиент

6.Feasible – осуществимый, выполнимый

7.Shingle – амер.разг.: вывеска

8.Perception – восприятие, понимание

9.Generalist - универсал

10.General practitioner – юрист общей практики

11.Corporate counsel – юрисконсульт корпорации

12.Brief – давать инструкции адвокату, составлять краткое изложение

13.Briefing - инструктаж

14.In-house lawyer – штатный юрисконсульт

15.Identify - определить

16.Pitfall – опасность, ловушка, западня

17.Render - предоставлять

18.On-the-spot – на месте

19.Solicit – предлагать свои услуги клиенту, ходатайствовать

20.Remedy – средство судебной защиты, исправлять

21.Retain– приглашать, нанимать адвоката

22.Retainer – поручение адвокату вести дело, соглашение между клиентом и адвокатом, предварительный гонорар адвокату

23.Aware - осознающий

24.Disclose – раскрывать, показывать

25.Relevant – имеющий отношение

29

26.Material – важный, существенный

27.Irrelevancy – ненужность, что-либо безотносительное

28.Facilitate - облегчать

29.Accusatory – обвинительный, содержащий обвинение

30.Deliberate - преднамеренный

31.Cross-examination – перекрестный допрос

32.Take offence - обижаться

33.Exert – прилагать (усилия)

34.Compatible - совместимый

35.Conceal – скрывать, утаивать

36.Canons of ethics - этические нормы

37.Authorize – уполномочить

38.Reveal – разоблачать, выдавать

39.Consent – согласие, разрешение

40.Representation – представительство, заявление, представление фактов,

сведений

41.Malpractice – злоупотребление доверием, незаконная судебная практика, недобросовестное решение

42.Prevention – предотвращение, предупреждение

Choose the correct word pair to fill the blanks:

1.Ms. Gills advised her client not to ______the right to ________

a.Reveal –prevention

b.Waive – attorney-client privilege

c.Consent-malpractice

2._____of information leaks is vital, as_____the client depends on it

a.Communication – disclosure

b.Malpractice – privileged status