Text 7. 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.

Attorney¹.

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor², a negotiator³, and/or a litigator⁴. In each of these roles, the lawyer will need to engage in factual investigation⁵.

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 affairs⁶.

Negotiator: Lawyer will work with opposing counsel to try to get a favorable resolution⁷ for the client. The art of negotiation⁸ involves many techniques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or offered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions⁹.

Fact Investigator: All of the lawyer’s roles require the investigation of relevant facts, including locating and 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 duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in 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 facts as they perceive them in light of the law¹⁰, as instructed, to return a verdict¹¹.

Notes

¹ attorney – поверенный

² counselor – адвокат (США)

³ negotiator – посредник

⁴ litigator – сторона в судебном процессе

⁵ engage in factual investigation – заниматься фактическим расследованием

⁶ order the client’s affairs – приводить в порядок дела клиента

⁷ get a favorable resolution – добиться благоприятного решения

⁸ the art of negotiation – искусство ведения переговоров

⁹ motion – ходатайство

¹⁰ in the light of the law – в свете закона

¹¹ return a verdict – вынести вердикт