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c.Prevention – effective representation

3.The judge cannot order______of information that is protected by____

a.Disclosure - privileged status

b.Communication – malpractice

c.Prevention – effective representation

Read the text again and answer the following questions:

1.What are some areas of the law in which lawyers usually specialize?

2.Do the lawyers usually 'hang specialty shingles'?

3.What are the advantages of selecting a generalist as corporate counsel?

4.What relationship can there be between the general practitioner and a specialist invited when a special problem arises?

5.What are the advantages of hiring an in-house lawyer?

6.What lawyer can quickly identify legal pitfalls and give on-the-spot advice?

7.Do you think the opinion that 'a lawyer is not permitted to solicit clients by direct contact' is true today?

8.If a person needs a lawyer's service, who must take the initiative?

9.Why is a contract drafted by the client himself usually poorly drafted?

10.Why should the client, in his or her relations with the attorney, make a full disclosure of the facts relevant to the problem?

11.Why may the attorney's questioning, when seeking information from the client, sometimes seem accusatory?

12.Why doesn't the informed business client take offense at accusatory questioning?

13.What is the attorney — client privilege?

14.What do the canons of ethics not permit an attorney to disclose?

Match the words with their definitions:

1.Waive

2.Disclosure

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3.Attorney-client privilege

4.Court trial

a.An event in court in which a jury or judge decides if someone is innocent or guilty

b.A written legal document presented to a court to argue the case of one party over another

c.To give it up or disregard it willingly

d.The client’s right to keep all information shared with an attorney private

Fill in the gaps with prepositions:

1.Some attorneys concentrate ... antitrust law

2.Others specialize ... tax law

3.They are prohibited ... doing

4.It is difficult ... the business manager to know

5.Will then be ... a position to assist the client

6.By briefing the specialist ... the problem

7.Closer... and more familiar ... the business firm

8.It can be referred ... outside counsel

9.A problem arising ... a contract poorly drafted ... the client

10.The facts relevant ... the given question or problem

11.When seeking information ... a client

12.Intensive cross-examination ... a court trial

13.Does not take offense ... such questioning

14.Should be actively engaged ... assisting the lawyer's search ... solutions

15.To clearly inform the lawyer ... the business purpose

16.Solutions compatible ... that purpose

17.Expect high quality service ... counsel

18.The law encourages clients to fully communicate ... their counsel

19.By protecting such communication ... disclosure...a third party

20.The privilege only applies ... confidential communications

21.Communications made ... an attorney ... the presence of third parties

32

Over to you

Role play the following:

1.Your client is facing serious business problems. However, because of some reasons he doesn’t give you all the details of the case. Have a talk and persuade him to give all the relevant information.

2.A business client called upon you as a lawyer to advise him on hiring an attorney. Investigate the situation and give a professional advice.

33

Supplementary materials

Для самостоятельной работы студентов

Letter of application

235 Ryedle Road,

Bristol BR3 5BB

15 May

The Manager

Benson and Cutler Law Firm

1324 Brook Street,

Reno, Nevada 89501

Dear Sir or Madam,

I am writing in response to your job advertisement in the Legal Issues on 14 May. I would like to apply for the position of a paralegal.

I am in my last year of School of Law in Bristol and I am very interested in working for a successful company such as Benson and Cutler Law Firm. Although I do not have any experience, I am a very organized and hardworking person. I am fond of solving various legal problems at the seminars in Civil Law and International Law. I am sociable and enjoy working with other people.

I am enclosing my CV. If you require any further information, do not hesitate to get in touch. You can contact me by email (annab92@yahoo.com) or by phone (07543380). I would be very happy to come for an interview any day next week after school.

I look forward to hearing from you.

Yours faithfully,

Anna Bland

34

Some tips how to write a letter of application:

1.Write your address and the date in the top right corner.

2.Write the address of the organization or person you are writing to on the left. Include the person’s job title if you know it.

3.Begin the letter.

4.Say why you are writing. If appropriate, say where and when you saw the advertisement/information about a position.

5.Say which job you would like to apply for.

6.Give relevant information about your studies, qualifications, personal qualities and interests. If appropriate, describe your future plans and ambitions.

7.Say what you are enclosing with the letter, e.g. a CV, photograph or application form.

8.Say that a person can contact you for further information and give your contact details.

9.Offer to give references and/or say when you are available for interview.

10.Close the letter by saying you expect a reply.

11.Sign off and write your name.

12.Print your name underneath or write it in CAPITAL LETTERS.

Useful language

Beginning a formal letter

Dear Sir or Madam,

Dear Mr White,/Ms Reid,

Explaining your reason for writing

I am writing with regard to/ in reply to/ in response to/in connection with ...

I have just seen your advertisement for a job/course.

I am writing to apply for…

35

Describing your qualification and experience

I have worked for (two months) as (a paralegal).

My experience includes...

Although I do not have any direct experience...

I have completed my first/last year of a university course in...

Describing your personal qualities and interests

I am hard-working/organized/ practical/sociable.

I can type/speak French/drive.

I enjoy working with people/ helping others/visiting other countries.

Talking about your ambitions

In the future I hope to...

My ambition is to...

I am planning to...

My dream is to...

I have always wanted to...

Giving other details

I enclose my CV/application form/ personal letter/photograph/ references. You can contact me by email/ by phone/in the evenings.

Please do not hesitate to contact me if you require any further information/other details/a reference.

I would be happy to answer any further questions/come for an interview.

I am available for interviews any afternoon/at any time that is convenient for you.

Showing you expect a reply

I look forward to hearing from you in the near future.

I look forward to hearing from you as soon as possible.

I look forward to your prompt response.

Signing off a formal letter

Yours sincerely, (with Dear + name).

Yours faithfully, (with Dear Sir or Madam).

 

36

Curriculum Vitae

 

Personal Details

 

Name:

Ivan Petrov

Date of Birth:

07.03.1990

Nationality:

Russian

Address:

52 Minin Street

 

Nizhny Novgorod 603020

 

Russia

Telephone:

831 449 0237

Education:

 

2009-2012:

Nizhny Novgorod State University of

 

Architecture and Civil Engineering,

 

International Faculty of Economics, Law and

 

Management, LLB (Bachelor of Law)

2012-2014:

Nizhny Novgorod State University of

 

Architecture and Civil Engineering, LLM

 

(Master of Law) International Law

Professional Experience:

 

2013 - to present:

Coca Cola Company, Legal Department,

 

Responsible for legal transactions, preparing the

 

process documents in the course of court cases,

 

writing and drafting legal documents,

 

participating in court cases (the administrative,

 

arbitration and civil law);

 

Reduced the number of suits.

2011-2012:

Mediation Law Firm, Paralegal,

 

Responsible for business correspondence,

 

writing and drafting legal documents, analysis

 

of the court practice while preparing the

 

37

 

process documents, meeting and conversations

 

with clients, preparation of claims, complaints,

 

etc.;

Interests:

Reading, dancing

Sports:

Football, swimming

Additional skills:

Driver’s license, PC User

 

Fluent English (LevelB2),good working

knowledge of German (Level A2-B1)

References:

 

Professor V. Ivanov

G. Sergeev

NNGASU,

Coca Cola

The Chair of International Law

Head of Legal Department

Some tips how to write CV:

1.Never make the CV longer than two pages - if you are unable to make the CV shorter than this then you will highlight your inability to summaries and get to the point.

2.Don't include irrelevant details. It is better to be clear. It is becoming fashionable to reduce CVs to just one page.

3.Avoid abbreviations and jargon - this will only annoy the person reading the CV if you include jargon and abbreviations that they are not familiar with.

4.Tailor the CV for the prospective job - think about the sort of information the potential employer will want to know and what qualities are right for the job you are applying for.

5.Don't 'recycle' your CV. In other words, do not send exactly the same CV to every employer.

6.Focus on achievements. You need to focus on what you achieved in

38

your job under each job function. Include how you have helped your employers to make/save money, save time, improve workflow, expand business, attract or retain customers, increase market share, reduce complaints etc.

7.Don't ignore the formatting and layout of your CV.

8.Be consistent. Stick to a preferred format throughout – bulleted points or paragraphs. Always start with listing your work experience (unless you’re a fresh graduate then education may have to come first). Work experience must be listed in reverse chronology.

9.Highlight your skills/knowledge.

10.Don't list more than 15 years' experience on your resume.

11.Don't forget to attach a letter of application

39

Writing an essay

Some tips how to write an essay:

1.Make a general statement to introduce the topic. It often helps the reader if you start a paragraph with a short introductory sentence which states what you are going to deal with in the paragraph.

2.Use a new paragraph to introduce a new idea.

3.Support your main ideas with arguments.

4.Use examples to illustrate the points you are making.

5.Use linking words to connect your sentences and your paragraphs.

6.Summarize your arguments at the end of your essay.

7.You should include your own opinion.

Here are some examples:

For attorneys and clients, there are many things they might talk about.

Firstly...

In my opinion, although these arguments sound attractive, they are generally impractical for two reasons.

There are three reasons why companies choose arbitration. There are a number of arguments against this point of view.

Introducing your opinions

(Personally,) I believe/think/feel that...

In my point of view...

In my opinion...

As far as I am concerned,…

Introducing other people's opinions

It is often a good idea to show the reader how your own ideas contrast from the opinions of other people (e.g., some lawyers say a trustworthy witness is a great asset, but in my opinion, not all witnesses are reliable).

Some people suggest/believe/say that…

It is often/sometimes said/argued/ suggested that...

It can be argued that...

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