94583

BUSINESS ENGLISH FOR LAWYERS

Книга

Государство и право, юриспруденция и процессуальное право

Legal English in Use The History of the Development of Legal English The Characteristic Features of Legal English Applying for a Legal Position Legal Career Development Different Application Forms and CVs The Legal Job Interview Legal Documents Types of Legal Documents Drafting Legal Documents...

Английский

2015-09-13

2.58 MB

31 чел.

BUSINESS

 ENGLISH FOR LAWYERS

 

 

 Предлагаемое учебное пособие «Business English for Lawyers» предназначено для студентов юридического  факультета, а также для всех изучающих и совершенствующих деловой английский язык.

 Целью  данного пособия  является  развитие различных видов речевой деятельности на иностранном языке в  ключевых ситуациях профессионального общения и совершенствование   навыков работы с печатными материалами деловой юридической тематики, что становится для студентов юридического факультета необходимым инструментом в их профессиональной деятельности.

В соответствии с целью представлен разнообразный материал по актуальным темам, связанным с наиболее важными аспектами правовой деятельности, такими как ведение профессионально-ориентированной документации, заключение контрактов и договоров, написание официальных писем на английском языке (включая переписку по тематике делового права), участие в официальных мероприятиях,  публичные выступления и др.         

Кроме того, содержание учебно-методического пособия охватывает лексико-грамматический материал, необходимый для общения в наиболее распространенных деловых ситуациях, связанных с юриспруденцией (при проведении собеседований, переговоров и презентаций).

Учебное пособие включает 6 разделов, состоящих из 18 уроков и краткий терминологический словарь делового юридического языка. В пособие включены современные аутентичные профессионально ориентированные  материалы из общественно политических и правовых источников Великобритании и США, обработанные и адаптированные для студентов юридических профилей, что способствует осуществлению успешной межкультурной коммуникации в сфере юриспруденции.

        Настоящее пособие составлено в соответствии с требованиями учебных программ юридических вузов и построено с учётом принципов взаимосвязанного обучения всем видам речевой деятельности на профессионально ориентированном материале, а также принципов комплексности, интерактивной и коммуникативной направленности.

      В соответствии с выбранной методикой (диалогового, контекстного и проблемного обучения)  данное пособие способствует формированию профессионального образа мира студентов-юристов, так как располагает студента к участию в диалоге и обнаружению смысла профессиональной деятельности.

CONTENTS 

 Unit 1

Legal English …………………………………………………………………………………… .

  •  Legal English in Use ………………………………………………………………………
  •  The History of the Development of Legal English ………………………………………
  •  The Characteristic Features of Legal English …………………………………………..

   Unit 2

Applying for a Legal Position ……………………………………………………………………

  •     Legal Career Development ……………………………………………………………....
  •     Different Application Forms and CVs…………………………………………………..
  •     The Legal Job Interview …………………………………………………………………

    Unit 3

Legal Documents ………………………………………………………………………………...

  •  Types of Legal Documents ……………………………………………………………
  •  Drafting Legal Documents ……………………………………………………………
  •  Legal Writing: the Language, Content and Structure ………………………………..

  Unit 4

Contract Law in Practice ………………………………………………………………………..

  •  Introduction to the Law of Contracts ………………………………………………….
  •  Types of Legal Contracts………………………………………………………………..
  •  Employment Law ……………………………………………………………………….

Unit 5

Establishing a Basis for Communication……………………………………………………….

  •  Chairing a Formal Meeting …………………………………………………………….
  •   Negotiation Styles and Strategies ……………………………………………………..
  •  The Content of Legal Correspondence ………………………………………………...

       Unit 6

Dealing with People ……………………………………………………………………………..

  •  Interviewing and Advising: Suggested Language ……………………………………
  •  Telephoning ……………………………………………………………………………..
  •  Dealing with Difficult Situations ……………………………………………………….

Review ……………………………………………………………………………………………

Glossary ………………………………………………………………………………………

Reference list …………………………………………………………………………………….

Legal English                                                                    Unit 1                             

Legal English in Use

  1.  Study the information and answer the questions below.

Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain lawyers to perform legal services. The role of lawyers varies significantly across legal jurisdictions.

  •  Where do lawyers practise law?
  •  How do the lawyers know what law to apply in a certain case?
  •  Why are you studying law now?
  •  What courses are you taking at the moment?
  •  What branches of jurisprudence are you going to specialize in? Why?

  1.  Complete the statement with your own ideas. “To be successful in studying law, a student must / should …”.  Make arguments to support your ideas. Use the phrases for expressing the opinion.

Expressing the Opinion

Personally I think/don’t think …

It seems to me that …                        

Generally speaking,  …                    

   In my opinion, … .

On the whole, … .                          

   Try to see it from my point of view.

What I really mean is …  

As far as I know, …                

As for me, …

My own opinion is … .                      

That’s what I feel / think.

    I suppose it’s probably …      

           

  1.  Investigate the idea of Legal English. Write down the words and phrases related to Legal English.

Legal English is the style of English used by lawyers and other legal professionals in the course of their work. It has particular relevance when applied to legal writing and the drafting of written material, including legal documents: contracts, licences, court pleadings, laws, legal correspondence, etc.

Legal English has traditionally been the preserve of lawyers from English–speaking countries which have shared common law traditions. However, due to the spread of English as the predominant language of international business within the European Union, legal English is now a global phenomenon. 

Modern legal English is based on standard English. However, it contains a number of unusual features. These largely relate to terminology, punctuation,  linguistic structure, linguistic conventions and have their roots in the history of the development of English as a legal language.

  1.  Answer the following questions.
  2.  What is meant by the term “Legal English”?
  3.  What types of legal documents can be used in different situations of everyday life?
  4.  What is the difference between Legal English and Standard English?

  1.  Read and entitle the text.

Everyone comes across the need for legal documents. It doesn’t matter if you are going into business and need a partnership agreement or you are looking at buying or selling a house and you need a certificate or a contract for the sale of land, you will almost certainly come across the need for legal documentation at some stage. It is very important to ensure that the legal documentation that you obtain is well drafted. Also, you will need to consult a legal professional on many matters simply because it is necessary for the execution of the documents. However, there may be other reasons that you need to consult a legal professional like getting the right guidance and advice about a legal matter and knowing how to interpret the document that you are using.

Legal Documents are often very complicated and use a lot of technical language because they have to relate to a very specific and technical situation in the law but must also have a relationship with the context and personal situation of the people that the document relates to. This is the reason that a qualified professional is often needed in order to get a document drafted and executed.

  1.   Find  the English equivalents to the following Russian word combinations: 

на каком-то этапе; оформление документов; толковать документ; сложный/трудный для понимания; иметь отношение/связь /зависимость; для того, чтобы;  квалифицированный/компетентный  профессионал; натолкнуться / случайно встретиться; договор/соглашение о сотрудничестве.

  1.  Study the vocabulary.

grievance procedure – процедура разрешения трудовых споров

articles of association устав компании / товарищества / акционерного общества        

contents of a document – содержание документа,

winding up  –   выведение сальдо  

 joint venture   – совместное предприятие

data protection  –   защита данных

power of attorney  –  полномочие,  доверенность

employers liability –  ответственность  работодателя

vicarious liability – ответственность за действия других лиц  

limited liability – ограниченная ответственность

memorandum of association – договор об учреждении акционерного общества

due process – надлежащая правовая процедура

unprofessional conduct  – нарушения профессиональной этики

confidential information – секретная информация

obligation of  confidentiality –   гарантия конфиденциальности

 intellectual property – интеллектуальная собственность

terms and conditions – постановления и условия (договора)

on the part of an employerсо стороны работодателя

to pay  the company’s debtsвыплачивать долги компании

relevant  information – релевантная информация (относящаяся к делу)

wrongful dismissal – неправомерное увольнение, освобождение от должности

fundamental breach – существенное нарушение (нарушение одного из основных условий контракта)  

compulsory liquidation – принудительная ликвидация  

business partnership – деловое партнёрство / сотрудничество

contents of a document – содержание документа        

legal responsibility – правовая ответственность

legally-binding  – обязанный по праву, обязательный по закону

to impose  on – облагать (налогом) / налагать обязательство

  1.  Сombine the words from the boxes and use the appropriate expressions to complete the definitions.

articles ...   compulsory ...  confidential ...  data ...  employers’...    force ...

fundamental ...  grievance ...   intellectual …   joint .. .   limited ...  memorandum ...   

obligation ...  out ...  power ...   terms ...    trade ...   unprofessional ...   

vicarious ...    winding ...    wrongful ...

... and conditions   ... breach      ... dismissal   ... information     ... majeure   ... mark

... of association (x2)   ... of attorney      ... procedure      ... up   ... venture    

... conduct   ... liability (x3)  ... liquidation    … of confidentiality  

... of court   ...property     ... protection

   1. An official power giving someone the right to act on someone else’s behalf in legal matters is called ______ .

    2. The protecting of information about individuals stored in a computer from being copied or used wrongly is called   _____ .

    3. A  ____ is a business partnership where two or more companies join together as partners for a limited period.

    4.  ____  is an expression of French origin that is used for something which happens which is out of control of the parties who have signed a contract (for example, a war or a storm), and is also known as an act of God.

     5.  A _____  refers to the various steps an employee takes if he  wants to complain about his  employers.

      6. _____ are the contents of a document which regulate the way in which a company’s affairs  (such as the appointment of directors or the rights of shareholders) are managed.

     7. When a company is put into liquidation, this is often known as ____ .

      8. The legal responsibility of an employer when employees are subject to accidents due to negligence on the part of an employer is called  _____ .

      9. The legal responsibility of one person for the actions of another person, especially the responsibility of an employer for acts committed by an employee in the course of work, is called  ___ .

     10. A _____ company is a company where each shareholder is responsible for paying the company’s debts only to the face value of the shares he / she owns.

     11. A ____  is a legal document setting up a limited company and giving details of its aims, capital structure, and registered office.

     12.  When a dispute between two parties is settled before it gets to court, it is known as an  ____ settlement.

     13.  Behaviour which is not suitable for a professional person and goes against the code of practice of a profession is called  _______.

     14. Facts which are secret and must not be passed on to other people are called  ________ .

     15 . An  _____ is a legally-binding rule that is imposed on the recipient of private or secret information which states that the recipient should not pass the information on to someone else.

    16. The name, design or other feature which identifies a commercial product, has been registered by the maker and cannot be used by other makers is called a “registered  ____”.

     17.  _____ is something such as a copyright, patent or design which someone has created or produced that no-one else can legally copy, use or sell.

     18. The conditions which have to be carried out as part of a contract, or arrangements which have to be made before a contract is valid, are called  ______ .

    19. The removal of someone from a job for a reason that cannot be justified, and which is in breach of contract, is called   _____ .

    20. A failure to carry out an essential or basic term of a contract is known as a  ______ .

  1.  ________ is when a court orders a company to close and its assets to be sold.

The History of the Development of Legal English

  1.  Study the vocabulary.

to perform legal services  оказывать юридические услуги

to draft legal documents – составлять юридические документы

spread of English  распространение английского языка

legal proceedings судопроизводство,  процессуальные действия

invasion  – нашествие, вторжение

current use – текущее/современное использование

estate  поместье, имение

lease аренда, сдача внаём 

chattel  – движимое имущество

tenant владелец, наниматель 

formal recordsофициальная запись, отчёт, протокол,  документ

to become commonplaceстановиться обыденным

to make an effort  предпринять усилие

sophisticated изысканный 

сложный, замысловатый

ornate style    витиеватый стиль

to be adoptedбыть принятым

  1.  Read the text and answer the question: What are the main sources of Legal English?

SOURCES OF LEGAL ENGLISH

The word law has the old English origin. It appeared in ancient times when the Saxons invaded Britain.

Legal English reflects the mixture of languages that has produced the English language generally. However, modern legal English owes a particular debt to French and Latin. Following the Norman invasion of England in 1066, French became the official language of England, although most ordinary people still spoke English. For a period of nearly 300 years, French was the language of legal  proceedings, with the result that many words in current legal use have their roots in this period. These include property, estate, chattel, lease, executor and tenant.

During this period, Latin remained the language of formal records and statutes. However, since only the learned were fluent in Latin, it never became the language of  legal pleading or debate.

Therefore, for several centuries following the Norman invasion, three languages were used in England. English remained the spoken language of the majority of the population, but almost all writing was done in French or Latin. English was not used in legal matters.

In 1356, the Statute of Pleading was enacted (in French). It stated that all legal proceedings should be in English, but recorded in Latin. Nonetheless, the use of French in legal pleadings continued into the seventeenth century in some areas of the law. In this later period, new branches of commercial law began to develop entirely in English and remain relatively free of French-based terminology.

As the printed word became more commonplace, some writers made a deliberate effort to adopt words derived from Latin, with the aim of making their text appear more sophisticated. Some legal words taken from Latin in this way are adjacent, frustrate, inferior, legal and subscribe. Some writers also started to use a Latin word order. This led to an ornate style, deliberately used to impress rather than inform. Even today, Latin grammar is responsible for some of the ornateness and unusual word order of legal documents. It also lies behind the frequent use of shall constructions in legal documents.

English was adopted for different kinds of legal documents at different times. Statutes were written in Latin until about 1300, in French until 1485, in English and French for a few years, and in English alone from 1489.

               

3. Find the Russian equivalents to the following English word combinations:

to owe  a debt; to have  roots;  spoken language;  to be enacted; to state; printed word; to be responsible for; to  lie behind;  at different times; new branches of law;  to be fluent in Latin.                                                                                   

4. Read and translate the text.                                                                                                              

MAGNA CARTA  

The Magna Carta  also called  The Great Charter of the Liberties of England, is an charter originally issued in Latin. There are four copies believed to date back to 1215, the year that it was sealed by King John. The Magna Carta was one of the most important documents of Medieval England. It was signed (by royal seal) between the feudal barons and  King John at Runnymede near Windsor Castle. The document was a series of written promises between the king and his subjects that the king would govern England and deal with its people according to the customs of feudal law.

The Magna Carta was the first document forced onto a King of England by the feudal barons in an attempt to limit his powers by law and protect their rights. It was not really intended to be a list of rights for Englishmen or even the barons themselves. It was more like a contract in which John bound himself to abide by its provisions. The barons only wanted King John to satisfy their complaints against his abusive rule, not overthrow the monarchy.

In its original form the Magna Carta consisted of 63 articles or chapters. Many concerned matters of feudal law that were important to the rebel barons, but are of little relevance to us today. Other parts of the Magna Carta corrected King John’s abuses of power against the barons, Church officials, merchants and other “free men” who together made up about 25% of England’s population.

 It did not grant any new rights, but it did protect existing rights in writing. These rights included the basic right of anyone convicted of a crime to a jury trial; protection of private property; reasonable limits on taxes and a degree of guaranteed religious freedom. The interests of the common man were hardly apparent in the minds of the men who brokered the agreement. 

The real significance of this document lies in the basic idea that a ruler, just like everyone else, is subject to the rule of law. When King John agreed to the Magna Carta, he admitted that the law was above the king’s will, a revolutionary idea in 1215.

The Magna Carta did not generally limit the power of kings in the medieval period, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law.    

The charter is widely known throughout the English speaking world as an important part of the protracted historical process that led to the rule of constitutional law in England. It set down rights which became part of English law and which are now the foundation of the constitution of all countries which speak English.  Many later documents such as the US Constitution were based upon the Magna Carta. It is one of the most celebrated documents in history. 

Vocabulary

the Magna Carta Хартия Вольностей    

to be issued  –  быть изданным

to satisfy  complaints – удовлетворять жалобы

to seal –  скреплять печатью    

to overthrow the monarchy – свергать  монархию

in an attempt – в попытке                 

abuses of power – злоупотребление

властью

jury trial – суд присяжных 

private property – частная собственность     

apparent – видимый,  очевидный

medieval period – эпоха средневековья     

bound by the law – связанный законом 

protracted historical process  – продолжительный  исторический процесс  

merchant  – купец,  торговец

5. Choose the correct answer.

 1.    Which one of the following was the main goal of the barons in forcing King John to agree to the Magna Carta in 1215?

a.   to establish freedom for all Englishmen
b.   to force King John to correct numerous abuses against the barons

c.    to overthrow King John

2.  Which one of the following was the main goal of King John in agreeing to sign the Magna Carta?

a.    to regain the allegiance of the rebel barons
b.    to establish a bill of rights for free men
c.    to increase his popularity among the common people

   3.    Historians say that the Magna Carta is more important than the sum of its parts. Which one of the following statements best explains this viewpoint?

a. All 63 chapters of the Magna Carta are not as important as the fact that King  John accepted the rule of law over his personal will.
         b.    Most of the provisions of  the Magna Carta relate to free men.
         c.    Magna Carta is England’s Constitution.

4.    “A free man shall not be amerced for a trivial offense except in accordance with the degree of the offense, and for a grave offense he shall be amerced in accordance with its gravity . . . .” Which one of the following statements best explains the provision of  the Magna Carta quoted above?

a.    Free men should not be punished for minor offenses.
b.    Let the punishment fit the crime.
c.    All lawbreakers should be harshly punished.

5.   Which one of the following statements about the Magna Carta is not a fact but an opinion?
          a.    Magna Carta limited the power of the king.
           b.    Some of the ideas in the Magna Carta were later included in
US Constitution.
            c.    The Magna Carta is the greatest statement for liberty written in the English language.
   

      

6. Read the text and answer these questions. 

  1.  What is the Petition of Right? 

        2. What did the Petition of right demand?

      The Petition of Right is a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing. It was passed in  June 1628. 

The Petition contains restrictions on non-Parliamentary taxation, forced billeting of soldiers, imprisonment without cause, and restricts the use of martial law.

Historians have traditionally considered the passage of the Petition of Right an important moment in the Stuart period. The English Parliament under the Stuart monarchs was at the centre of politics as never before. It established itself in practice as the ultimate political authority in the country. Its debates and actions of the period remain at the heart of British constitutional and legal ideas.

        Despite debates over its legal status, the Petition of Right was highly influential. Domestically, the Petition is seen as “one of England’s most famous constitutional documents”, of equal value to the Magna Carta  and Bill of Rights.

7. Complete the text using the following words.

royal request; Stuart succession; more resistance; raising taxes;

prevent; restricted; forced; financial control

 Parliament began to show _______  ________ to the monarchy under the _______  ________  from 1603 by using its gradually acquired weapon of ______  ________ . It was influenced by the gentry and began to refuse ______  ______  for money. It eventually ______  Charles I to sign the Petition of Right in 1628, which further ___________  the monarch’s powers and was intended to _______  him from _______  ________  without Parliament’s consent.                                                                                                       

8. Listen to the extract of the text  “Declaration of Independence” and fill in the gaps.

“We hold these Truths to be 1) _________ , that all Men are 2) __________, that they are endowed, by their  3) ________ , with certain unalienable Rights, that among these are 4) ___________________ .

That to secure these Rights, Governments are instituted among Men, deriving their just Powers from 5) ____________ , that whenever any Form of Government becomes 6) _________ of these Ends, it is the Right of the People 7) ____________, and to institute new Government, laying its Foundation 8) _________ , and organizing its Powers in such Form, as to them shall seem most likely  9)______________.”

9. Answer the questions on the text.

1. When was the Declaration of Independence  adopted?

2. How many American Colonies signed the  Declaration of Independence?  

3. What is the main belief of the Declaration  of Independence?

4. What can be learned from the Declaration of Independence?

5. Where is the original Declaration of  Independence shown today?

The Characteristic Features of Legal English

1. Study the information and enumerate the characteristics of Legal Writing.  

LEGAL LANGUAGE

Legal writing in English has developed over hundreds of years and is

characterised by specific features, some of which can make it difficult for the non-lawyer to understand.

Characteristics of legal writing include: using Latin terms; using technical terms; using old-fashioned words; using legal jargon including the use of pairs of words (‘terms and conditions’); having special meanings for words in ordinary use (‘the judge determined the facts of the case’, where ‘determined’ means decided); using vague words (‘provide a sufficient service’); using long sentences with little punctuation; inverting word order (‘title absolute’); using capital letters to signal important or defined terms (the terms of the Lease ...) avoiding personal pronouns (you, we, I); the specific use of the modal verb “shall” to impose an obligation or duty on someone (‘The tenant shall not sub-let the whole or part of the premises’); the use of “shall” in a directory sense (‘Notice of an appeal shall be filed within 28 days’).

2. Match the words  with their definitions.

1. feature           2. term             3. Jargon      4. condition          5. meaning            

6. vague             7. obligation               8. appeal                        9. sufficient               

a. The state of something with regard to its appearance, quality, or working order.

b.  Apply to a higher court for a reversal of the decision of a lower court.

c. Enough; adequate.

d. A distinctive characteristic of a linguistic unit.

e. An act or course of action to which a person is morally or legally bound.

 

f. Of uncertain, indefinite, or unclear character or meaning.

g. Implied or explicit significance.

h. Condition under which an action may be undertaken or agreement reached.

i. Special words used by a profession or group that are difficult for others to understand.

3. Read the abstract and do the activities after it.

There are many Latin terms in written English legal texts, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English use (e.g., ad hoc, bona fide, pro rata, etc.). Forms of pronunciation vary.

  •  For this purpose  /  ad hoc  
  •  By the operation of  the law  /  ipso jure 
  •  Based on the first impression, at first sight  / prima facie 
  •  A gift (usually money) with no obligations attached / ex gratia 
  •  Starting again / de novo
  •  On its own, or all alone / per se                                             
  •  The right to be heard in a court /  locus standi
  •  Among / In addition to other things /   inter alia
  •  A legal action or application pursued by one party only / ex parte 
  •  After the event / ex post facto
  •  Equally, or with no distinction /  pary  passu 
  •  When a threat is implied in a contract, and as a result the contract is invalid /  in terrorem 
  •  A legal remedy against wrongful imprisonment / habeas corpus 
  •  Taken as a matter of fact, even though the legal status may not be certain / de facto
  •  For a short time /  pro tempore 
  •  By this fact, or the fact itself shows this to be true / ipso facto  
  •  Acting in place of a parent /  in loco parentis 
  •  In total good faith, a state which should exist between parties to some types of legal relationship / uberrimae fidei 
  •  A real agreement to a contract by both parties / consensus ad idem
  •  A situation where the legal title is clear / de jure
  •  Referring to the case at law / ad   litem 
  •  Mad, or not completely sane / non compos mentis 
  •  With no owner, or no obvious owner / bona vacantia 
  •  An action done in return for something done or promised / quid pro quo 
  •  Legal action against a thing (for example, one party claims property or goods in the possession of another) /  in rem 
  •  In good faith / bona fide(s)
  •  Acting in a way which exceeds your legal powers / ultra vires 
  •  Warning /caution  /  caveat
  •  In the course of trial / sub judice
  •  By a party without notice / ex parte (ex p.) 
  •  Hearing a case in private / in camera
  •  And so on / et cetera (etc.) 
  •  As if it were / quasi

4. Read and translate the sentences.

  1.  She made me a bona fide offer.
    1.  His claim that he was confused at the time of his actions does not stand as a    defence  per se.
    2.  The taxpayer does not have locus standi in this court.
    3.   She demands possession of house and custody of the children inter alia.
    4.  The wife applied ex parte for an ouster order against her husband.
    5.  The new shares will rank pari passu with the existing ones.
    6.  There is a prima facie case, so we will proceed with the case.
    7.  He is the  de facto owner of the property
    8.  We are prepared to issue a pro tempore  injunction until the case is dealt with fully in the court.
    9.  He was found in the vehicle at the time of the accident and ipso facto was deemed to be in charge of it.
    10.  The court is acting in loco parentis.
    11.  An insurance contract is uberrimae fidei.
    12.  He is the de jure owner of the property.
    13.  The respondent was not acting bona fides.
    14.  The police were accused of acting ultra vires.

5. Match the sentences containing Latin terms (1-7) with the sentences which  have similar meaning (a—g).

  1.  There is a prima facie case to answer.
  2.  They have entered a caveat.
  3.  Their action was ultra vires.

 4. The newspapers cannot report details of the case because it is sub judice.

 5. An ex parte application was lodged at the court.  

6. The court sat in camera.

  1.  An ad hoc committee was formed.

  1.  They acted  in  a way which was beyond  their legitimate powers.
  2.  An application for an injunction was made to the court by one party and no notice was given to the other party.
  3.  The case was heard in private, with no members of the public present.
  4.  They have warned us they have an interest in the case, so they will need notice before we take any further steps.
  5.  A committee was set up for the particular purpose of investigating the issue.
  6.  The action should proceed because one side has shown there seems to be sufficient evidence.
  7.  The case cannot be mentioned in the media if it is likely to prejudice court proceedings.          

                                                                                                                                                      

6. Read the abstract and do the activities after it.

  FORCE MAJEURE

English speaking lawyers use the French phrase “force majeure” because it is internationally understood. The translation into English would be “greater force”. A force majeure is a very strong, external force or event that is outside the influence of the parties that prevents one of them from carrying out their obligations under the contract. The interpretation of the phrase according to English law goes a little further than this. Generally speaking, a force majeure is an unforeseen event that prevents one of the parties from carrying out his or her obligations, which could not have been avoided by exercise of duty of care. In other words, a force majeure clause will not necessarily protect one of the parties if  he or she was negligent. A typical force majeure clause will cover:

Natural disasters connected with weather, such as floods, earthquakes, or hurricanes. This type of event is often referred to as an “Act of God”.

• Disasters connected with human activity such as war or revolution.

• Problems caused by the failure of a third party (e.g., to fulfil contractual obligations).  Cases in the UK have established the principle that a contract suddenly becoming too expensive for one of the parties to carry out does not constitute a force majeure.

Active vocabulary

Force Majeure  форс мажор (непреодолимые обстоятельства, особенно природные катаклизмы, которые послужили причиной невыполнения контракта; при таких обстоятельствах исполнитель не несёт ответственности за невыполнение)  

external force   внешняя сила   

under the contract в соответствии с контрактом

unforeseen event  –  непредвиденное событие,  происшествие, случай

to сarry  out obligations  выполнять обязательства 

negligent – неаккуратный,  небрежный, халатный

natural disastersстихийные бедствия

Act of God – стихийная сила, форс-мажор

failure – неудавшееся дело, провал

7. Find the English equivalents to the following Russian word combinations:

обязанность соблюдать осторожность;  защищать одну из сторон; бедствия, связанные с наводнениями, землетрясениями и ураганами; деятельность человека; неуспех по причине действий/бездействий третьего лица; выполнить обязательства по контракту;  слишком дорогостоящий.

8. All of the events listed in the box can prevent one of the parties from carrying out their contractual obligations. Look at the events and decide what type of event they are.

rebellion, acts of terrorism, electronic failure, earthquake,  communications

failure, civil war,  sabotage,  avalanche,  riot,  epidemic,  criminal acts,  flood,  

hijacking, arson, civil unrest, drought, mechanical failure, strike

  1.  Natural disasters/Acts of God:  ________________
  2.  Problems caused by modern technology: ______________
  3.  Problems caused by human activity: ____________

9. Study the information.

WHAT MAKES LEGAL LANGUAGE DIFFICULT?

One of the main reasons why legal language is sometimes difficult to understand is that it is often very different from ordinary English. This comprises two issues:

  •  The writing conventions are different: sentences often have apparently peculiar structures; punctuation is used insufficiently; foreign phrases are sometimes used instead of English phrases (e.g. inter alia instead of among others);  unusual pronouns are employed (the same, the aforesaid, etc), and unusual set phrases are to be found (null and void, all and sundry).
  •  A large number of difficult words and phrases are used. These fall into several  categories, brief details of which are given below.

Legal terms of art

Legal terms of art are technical words and phrases that have precise and fixed legal meanings and which cannot usually be replaced by other words. Some of these will be familiar to the layperson (e.g. patent, share, royalty). Others are generally only known to lawyers (e.g. bailment, abatement).

Legal jargon

Terms of art should be differentiated from legal jargon. Legal jargon comprises words used by lawyers, which are difficult for non-lawyers to understand. Jargon words range from near-slang to almost technically precise words. Well-known examples of jargon include boilerplate clause and corporate veil.

Jargon includes a number of archaic words no longer used in ordinary English. These include annul (to declare that something, such as a contract or marriage is no longer legally valid) and bequest (to hand down as an inheritance property other than land).

It also includes certain obscure words which have specialised meanings and are therefore not often encountered except in legal documents. Examples include emoluments (a person’s earnings, including salaries, fees, wages, profits and benefits in kind) and provenance (the origin or early history of something).

Jargon words should be replaced by plain language equivalents wherever possible.

There is also a small group of words that have one meaning as a legal term of art and another meaning in ordinary English. One example is the word distress, which as a legal term of art refers to the seizure of goods as security for the performance of an obligation. In ordinary English it means anxiety, pain or exhaustion.

Vocabulary

null and voidпотерявший законную силу (о договоре)

all and sundry – все вместе и каждый в отдельности, все без исключения

inter alia – между прочим  

aforesaid – вышеизложенный / вышеупомянутый

layperson   непрофессионал / любитель

bailment   освобождение под чью-л. ответственность,  взятие на поруки

abatementаннулирование,  отмена, прекращение

boilerplate clause   стандартна формулировка / стандартное условие

bequest  – акт завещания

annulаннулировать, отменять

emolumentsоклады,  заработок

provenanceпроисхождение, источник

benefits in kind  дополнительные льготы, доходы

10. Find the Russian equivalents to the following English word combinations:

peculiar structure; obscure words;  seizure of goods; set phrase; unusual pronouns;  precise;  to be replaced;  to be encountered; terms of art; security for the performance of an obligation;  corporate veil;  insufficiently.

11. Translate the examples dealing with obscure words and phrases and match obscure words with their ordinary meanings. Give your variants of words and phrases used in legal English in unusual contexts.

  1.  Consideration in legal English means an act, forbearance, or promise by one party to a contract that constitutes the price for which the promise of the other party is bought.
  2.  Construction in legal English means interpretation. “To construe” is the infinitive verb form of the term.
  3.  Redemption in legal English means the return or repossession of property offered as security on payment of a mortgage debt or charge.
  4.  Tender in legal English means an offer to supply goods or services. Normally a tender must be accepted to create a contract.  
  5.   the action of constructing; a building or other structure;  the industry of erecting buildings.
  6.  gentle and kind;  painful to the touch;  young and vulnerable; easily damaged
  7.  Christian salvation
  8.   careful thought;  a fact taken into account when making a decision;

thoughtfulness towards others

12. Underline the characteristic features of legal writing (for example, using old words) in the following consumer contract terms (1-3).  

The characteristic features of legal writing:

  1.  Using capital letters to signal important or defined terms
  2.  Using legal jargon, including the use of pairs of words or triplets
  3.  Using old-fashioned words not much in general use
  4.  The specific use of the modal verb “shall” to impose an obligation or duty on  someone
  5.  Avoiding personal pronouns
  6.  Using technical terms
  7.  Using  long sentences with little punctuation

  1.  This Agreement and the benefits and advantages herein contained are personal to each Member and shall not be sold, assigned or transferred by the Member.
  2.  Lessor shall not be liable for loss of or damage to any property left, stored, or transported by Hirer or any other person in or upon Vehicle either before or after the return thereof to Lessor.  Hirer  hereby agrees to hold Lessor harmless from, and  indemnify Lessor  against  all claims based on or arising out of such loss or damage unless caused by the negligence of Lessor.
  3.  Title to property in the goods shall remain vested in the Company (notwithstanding the delivery of the same to the Customer) until the price of the Goods comprised in the contract and all other money due from the Customer to the Company on any other account has been paid in full.

Vocabulary

lessor – сдающий в аренду/  арендодатель

to be liable – быть обязанным, ответственным

benefits – выгода,  польза

advantages   –  преимущества

assigned – заданный, назначенный,  определённый

herein – здесь, в этом документе

hirer  – наниматель

herebyтаким образом

to  caused by быть вызванным (чем-либо)

negligence – небрежность,  невнимательность,  халатность

notwithstanding – несмотря на, вопреки

pay  in full – уплатить сполна / полностью                                                                                               

Applying for a Legal Position                                         Unit 2

Legal Career Development

  1.  Study the information and say if you agree or disagree with the statements below.

Having a job and having a career are two very different things. A job is something you do to make money. You may enjoy the job, work hard at it and do well, but you are primarily doing it for the money to satisfy your other interests outside of the work environment. A career is something that integrates your desires and interests so that it gives you satisfaction above and beyond the money you make.

  •  Having a job and having a career are two different things.
  •  Planning a career can begin at any age.
  •  The choice of a career doesn’t only depend on a person’s talent and interests.

  1.  Complete one of the statements with your own ideas. “Work is an essential part of being alive. Your work is your identity” or “There is probably no single “right” job for anybody”. Use the phrases for expressing the opinion.

  1.  Read the text and do the activities after it.

PLANNING A CAREER

To have a career means commitment and development but first of all planning. This process can begin at any age. For some people it starts when they are a small child and visit mom or dad at their place of work. For others it can come later through the inspiration of a teacher or exposure to a wider range of fields.

It is up to each individual to decide whether a job or career is best for them. People may share the same talent and interest but other aspects of their personality will dictate which direction to go with that interest. For example, one guitar player may decide to plan a career as a professional musician. Another may decide that the financial insecurity is too much for him, get a regular job and satisfy his musical interests in his free time.

Whether you decide to get a job or plan a career, the job market today is quite different from that of your parents. The young person in today’s Russia faces a very competitive job market.

What do the new dynamics of the Russian job market mean for young people? First, if they have decided they want a career, they must start early in their academic life to plan and take steps to develop their professional careers. Second, in addition to a suitable background for a desired career, creativity, self-promotion and preparation are absolutely vital for any sort of success in the job search. Last, students must develop confidence in themselves and recognize the power that each of them has to take control of their future and shape it in a way that is best for them.

Vocabulary

job – работа, место работы

career  карьера

commitment – выбор, ориентация

inspiration – вдохновение

place of work – рабочее место

financial insecurity – неблагоприятное финансовое положение

to satisfy interests – удовлетворять интересы

job market – рынок работы

background – происхождение, биографические данные, связи, окружение

job search – поиск работы

4. Match the words from the text and the definitions given below.

  •  to combine desires and interests
  •  obligation
  •  a situation in which you have complete for a job
  •  the changes of the job market
  •  self-encouragement
  •  progress through life

5. Say if you agree or disagree with the following statements. Give arguments to support your ideas. Exchange your opinions within the group.

  1.  To face a competitive job market is to have no guarantees for getting a job.
  2.  To take control of the future and to be well-prepared for the challenges of the job market, one should take several very important steps.

6. Make up a dialogue between undergraduates about their future career.  Discuss the following questions.

  1.  What jobs in your country are popular with young people? Why?
  2.  Is it easy for young people in your country to find the jobs they want?
  3.  What factors (salary, opportunities for travel or promotion, working hours) would you take into account in choosing a career?
  4.   Do you think about your future profession?
  5.  What kind of profession do you like most of all?
  6.  When did you begin to think about your future profession?
  7.  Does your friend / do your parents approve your choice?
  8.  What qualifications will you need for that job?
  9.  What’s your idea of an ideal job?

  Use in your discussion the following phrases.

  •  I think a career in … might / might not be appropriate for me because …
  •  Do you think it would be a good idea if I went into …?
  •  If you choose …, you would be able to … .
  •  In my view it’s essential / not very important to have such qualities as … .
  •  My choice depends very much on the opinion of my parents.
  •  I’m not sure yet about my choice.

7. Read the following short advertisements for young American lawyers and decide which position you would apply for. Why? Why not?

Job  Title:

Attorney - Intellectual Property Law

Job Type:

Attorney

Location:

New York - New York City

Description:

NYC firm is looking for a junior IP associate. 1-2 years experience is expected. Transactional background with copyrights, trademarks, patents, and technology is highly valued.

Practice Area(s):

Intellectual Property Law

Required Qualifications:

  1.  year experience required

Job  Title:

Attorney - Corporate and Business

Job Type:

Attorney

Location:

California - Los Angeles

Description:

Century City, CA law firm seeks an associate with general corporate expertise to assist a growing office. Candidate must have 2-3 years of law firm or in-house experience with a background in financial transactions, mergers & acquisitions.

Practice Area(s):

Corporate and Business

Required Qualifications:

2 years experience required

Job Information

Job Title:

Employer:

Litigation Paralegal

Bowles & Verna

Job Description

Description:

Walnut Greek law firm seeks litigation paralegal with 2 years experience. Position requires excellent organizational and communication skills. Proficient in Word, Excel and Lexis. Please submit cover letter, resume and salary requirements.

8. Render the information of the 1-3 ads so as you will tell your friend about the positions. You needn’t follow the ads style.

e.g,  I’ve seen an ad in the Classified. It may be just for you. A .... law firm advertises a vacancy of a ... The candidate must have… / the requirements for the candidate are ... If you want to apply send your CV to ...

Different Application Forms and CVs

1.  Study the information and answer the questions below.

Anyone who wants to find a job, as a rule, undertakes the definite, well-known steps.

First, it is a search of a vacancy either in the classified advertisements or on Internet. When a suitable vacancy is found, you write a CV and a cover letter, and mail or e-mail the letter with enclosed CV to the advertising employer. Then you wait for an answer. The positive answer is usually an arrangement for an interview. At the interview the employer should decide whether you are suitable for the position. Later they deliver a decision to you or call to inform that you are admitted. If you failed, start the process from the beginning again.

Do you know:

  •  how and where to look for vacancies?
  •  how to write a CV and cover letter?
  •  how to prepare for the interview?
  •  some general ethical rules concerning the interview?

2. Read the text and do the activities after it.

CREATING A CV

General Principles

Different firms will be looking for different information. But don’t write an all-purpose CV for everyone — it may not work. Study the requirements and find information about the firm you are applying. Your CV is about facts, which should speak for themselves and should not include much text.

To decide what to include in your CV and where, follow these dos and don’ts:

What you do:

  1.  Keep your CV to 2-3 pages in length.
  2.  Make your CV easy to read. Remember that the legal profession demands clarity from its practitioners. Your prospective employer should know exactly where to look for what.
  3.  Use positive language and adopt a confident tone.
  4.  Ensure that the first page contains enough personal details for a potential employer to contact you easily.
  5.  Make the chronology of education and experiences clear by keeping dates (months and years) down the left or right side of the page. Highlight more recent experiences and education by arranging lists in reverse order (most recent first).
  6.  Headline key skills relevant to the job. Ensure that bullet points and headings provide reasonable detail and do not read simply as a checklist.
  7.  Leave out information that is irrelevant or negative.
  8.   Put more relevant information that demonstrates your suitability for the role near the beginning of the CV.
  9.   When drafting your career history try to give an impression of your role, status and achievements. If possible give examples of interesting and relevant matters which demonstrate your skills.

10. Ask someone else to read your CV and find out his or her impressions. This is essential in revealing embarrassing typing errors.

What you don’t do

  1.    Don’t attach a photograph to your CV. You’re applying for a job as a solicitor, not joining a dating agency.
  2.  Don’t joke. Not everyone will share your sense of humour.
  3.  Don’t write your whole life story. Positions of responsibility at junior school are rarely of interest and give the impression of doing little since.
  4.  Don’t leave unexplained gaps in your career history as it gives the employer the feeling you are trying to hide something.
  5.  Don’t write banal profile/objective sections. Statements such as “highly motivated team player” can be better demonstrated through examples in the body of your CV.
  6.  Don’t list your interests unless they are current. Think carefully about the impression they will give the reader. Very special interests may raise questions about your ability to integrate and not everyone will share religious/moral/social concerns. Only state those interests that you can talk fluently about and demonstrate positive skills that the company may be looking for. If you know that the firm represents travel agents, or pop stars, or IT companies, then it’s worth stressing those interests if you genuinely have them.

Vocabulary

classified advertisementsклассифицированные объявления

vacancy вакантная должность, вакансия 

CV  curriculum vitae (EU) – анкетные данные, резюме

resume (USA)резюме 

cover letter/ covering letter сопроводительное письмо

to enclose – вкладывать в конверт, прилагать

enclosure – вложение (документа в конверт), приложение к письму

to apply for a job – подавать заявление о приеме на работу

work experience – опыт работы

track record – послужной список

benefits – льготы

fringe benefits – дополнительные льготы

interview – собеседование

to look for – искать

requirementтребование

to applyподавать заявление на работу

employerработодатель

relevantсоответствующий

suitabilityпригодность, допустимость

achievementдостижение

skillsумения

3. Сombine the words from the box and use them in your own sentences.

career     prospective      details       get          information        CV   agent

personal       experience        relevant        travel       skills       

all-purpose      job       employer      recent        positive           history

4. Give advice using the information from the text.

Should / should not:

You should keep your CV no more than 2- 3 pages long. You shouldn’t attach your photo.

5.Listen to Barry Hampton, a careers adviser, explaining how to prepare a CV for a UK job. Which of the following points does he advise? Tick the points that are correct, and change the points that are not correct.

  1.  Write more than two pages.
  2.  Start with the details of previous jobs.
  3.  Leave out your date of birth.
  4.  Don’t say anything about hobbies and interests.
  5.  Give the contact details of two references at the end.

  1.  Stetson Business Consulting is looking for a Corporate Attorney. Read the following CV and decide whether the applying lawyer is a competitive suitable candidate.

Mary Jane Adams

Corporate and real estate attorney (over 5 years experience) with profound knowledge of city and state funding, familiar with Illinois State Law, Michigan State Law, California State Law. Areas of expertise include financial planning, property transactions, contract negotiating and drafting, real estate development projects.

Address 255754 North birch ave, Chicago, 111 60044

Telephone (47) 555 87 90

E-mail adamsmj@core.com

EDUCATION

2000          JD, Chicago University

1996        California University, B.A.S.S. (Bachelor of Arts in Social Sciences)

BAR ADMISSION

2001 American Bar Association admitted

WORK EXPERIENCE

2000 - present           attorney, Mathews & Lowen LLP, Corporate group                                              

Provide legal counsel to corporate clients on such legal matters as: financial management, corporate transactions, acquisitions and real estate management.

Advise clients on property acquisition and disposal, participate in negotiations.

Draft and review sales and purchase agreements, legal documents, leases, letters of intent, construction and design contracts.

Participation in a number of complex real estate projects that have been successfully completed display my strategic planning skills and ability to make complex decision.

7. Give commentary whether the applicant will be appropriate for an interview.

Start the statements I’m sure or I’m not/not quite sure:

e.g, I’m sure Mary is going to have this job because she is an experienced corporate and real estate attorney …

  •  Mary is a perspective employee since ...
  •  She is quite/ really suitable for the position as ...
  •  The company will offer her the position because ...
  •  Mary can be very efficient acting as General Counsel because ...
  •  She will provide highly professional counseling since ...
  •  Mary is able to lead real estate projects as ...

8. Study the information and do the activities after it.

GRADUATE CV

Recent graduates usually don’t have relevant job experience (but may have track record of some temporary jobs). In the CV/Resume a Graduate should highlight the following:

  •  skills mastered, achievements in project work, grades gained, specialization in certain areas, clinic semester;
  •  travel experiences and sports participation;
  •  extensive training courses taken, like foreign languages or IT;
  •  summer jobs, or any volunteer participation;
  •  interests and hobbies.

9. You are reporting a new applicant to the open position in the law office. Render the formal data from the CV to make a short story about Cathleen Oyres.

Graduate CV sample

Cathleen Oyres

64 Westlands Crescent, Crayford, DA 900

Tel: 0208 423 200001

Fax: 0208 423 200002

Email: clevergirl@cvsonlinc4u.com

PROFILE

An enthusiastic and hardworking law graduate who works well as Part of a team or by myself using my own initiative. I possess good communication skills and work well under pressure. Look for an opportunity to start a training programme at a firm of solicitors.

EDUCATION

2001-2004     Bladwell University  LLB  Degree Law, Honours.

2004-2005     Bristol University LPC course, specialized Finance and Banking Law, Commercial Paper and Property Law. Participated in colloquiums, performed challenging research projects, published a number of articles in the university journal.

1999-2001      Hillsfar Grammar School

                 

LANGUAGE SKILLS

              Fluent French and German

              Taking German course

CAREER HISTORY

2003-2004 Tompson’s Real Estate agency, second shift receptionist

2003 Summer job at Chapman Nursery Home

2000-2003 The Silver Spoon — Evening and weekend waitress Boots the Chemist

1997-1999 Saturday sales assistant

1995 Morning newspaper deliveries

COMPUTER Proficient in the use of Office 97 and 2000.

EXPERIENCE IBM Compatible PCs running Microsoft Windows, MS-DOS,    WordPerfect, Word for Windows

INTERESTS Listening to music, reading, tennis, swimming, socialising with family and friends.

  1.   Study the information.

COVER LETTER

Before Putting Pen to Paper

Read the firm’s literature or information. If they do not produce any, find out as much as you can about them. You will then be in a better position to compose a letter about why you are suited to the firm.

Consider the firm’s requirements and decide what they are looking for. Consider then whether you have the skills, abilities and qualities, and, if so, how these can be best conveyed.

Look again at your CV — does it cover all the necessary points? If not, you may need to revise it. If it does, what points are there on the CV that you would wish the employer to note?

General Points

Writing a letter is not always as straightforward as might be supposed. It is worth taking time to create the best possible impression. Size, quality of paper, layout and neatness all contribute to this effect. By the time the letter has been read, the employer will have been influenced by the way it has been written, as well as by its content. Every CV sent by post needs to have a covering letter to introduce it.

The letter ought to:

  •  encourage the employer to take your CV seriously;
  •  set the reader’s expectations of what will be in the CV;
  •  persuade the employer that you are a suitable candidate for the job;
  •  indicate evidence for the claims you make about yourself.

The letter should include:

  •  the purpose of the letter, i.e. the application for a training contract/pupillage;
  •  the reasons why you are applying to that firm;
  •  the highlight of the best two-three things you can offer the firm;
  •  a sign off (Please accept my enclosed CV as application for a training contract/pupillage. I hope you will look on my application favourably).

Sample

Your Address

Date .

Name of Recruitment Partner

Firm’s Address

Dear Name, (use title & surname only)

First Paragraph: Use as introduction. Identify who you are, what job you are applying for and how you heard about it.

If you are a recent graduate, for example, mention of your degree specialization subjects.

Say that you enclose your CV

Useful phrases:

in response to your advertisement ... following our telephone conversation ... would like to considered for ... here is my CV for your consideration ... writing to enquire whether ...

e .g.  In response to your advertisement I’m applying for the position of attorney.

Second Paragraph: Give reasons why you are applying to that firm. What sort of work does the firm do, what kind of clients does it deal with etc. Do not make vague generalisations about the firm’s excellent reputation or its first class training program. Try to show that you have researched the firm and you know what they do.

Third Paragraph: (or continuation of the second paragraph): Give reasons why the firm should consider you. What have you got to offer the firm? Talk about any relevant experience or knowledge and discuss why you think you can make a contribution. Refer to the points on your CV that you want the employer to note. Possible selling points: relevant work experience, related interests and skills, especially if these are not fully coveted elsewhere, aspects of your course that are particularly relevant.

Useful phrases:

as you can see from my CV ... glad to work for you because ... I can offer … especially interested in ... my main skills are ... most important qualifications and experience are ...

Final Paragraph: Sign off, saying when you will be available for interview and that you look forward to hearing from them.

Useful phrases:

happy to supply further information… available for interview at any time ... look forward to hearing from you...  I hope you will look on my application favourably.

Yours sincerely/faithfully

Signature

Name

  1.   Write a covering letter in the name of a law graduate.

Cathleen is applying for a trainee position at Barnes & Swindle Solicitors. She has seen their ad in a newspaper. She will probably start the letter as “Dear Sirs,” because there are at least two partners in the firm.

The Legal Job Interview

  1.  Read the text and do the activities after it.

SUCCESSFUL JOB INTERVIEW

The key to a successful job interview is preparation. The more prepared you are, the more relaxed and confident you will be during the interview. The suggestions below will help you in your preparation and get you on your way to a successful interview.

Research the employer. Know the practice areas of the firm and the background of its members.

Carefully analyze your skills and abilities and formulate your career goals. Once you have a clear picture of what you can offer an organization, you will be better able to express that at an interview.

If possible, review some of the typical questions employers ask and practise answering them in ways which highlight the appropriate skills/abilities.

Always back up statements about yourself with proof (i.e. don’t just say you are organized, demonstrate it with examples such as how you developed a more efficient client database at your last position, etc.)

With regard to areas of inquiry which may be uncomfortable or flaws, develop an answer with which you feel comfortable, so as to avoid being caught off guard or stumbling over the answer. Re-direct to some of your positive qualities (i.e. grades – did you do better in practical or theoretical courses; did you show improvement; do you have corresponding legal experience.)

Make sure you know well where the firm is located and how to get there. Include in your briefcase or portfolio, copies of your resume and documents, reference page and any other materials you may be discussing.

At the Interview

Be on time.

Be clean, neat, and professional – look and act like a lawyer, not a law student.

Deal with secretaries and associates with the same respect and professionalism you would with a senior partner. Your relationship with all members of the firm impacts the hiring decision. Remember the interview begins the minute you walk in the door.

Address the interviewer by name (i.e. Mr./Ms./Mrs. Jones); do not use first names unless invited to do so and even then be conservative.

Demonstrate a real interest in the employer.

Never try to answer with a simple yes or no; if a direct yes or no is required, answer and then elaborate, but be brief and to the point.

Control excessive, fidgety, nervous behavior.

Be honest when answering all questions.

Be prepared for multiple interviewers and day long interviews, especially with larger firms and corporations. Knowing something about each interviewer can arm you with new information for each interview.

Ask the interviewers about themselves, why they chose their job and what they would change if they could.

Vocabulary

job interviewсобеседование при приеме на работу

to be confident – быть уверенным

goal – цель

to reviewпросмотреть, пересмотреть

appropriate skillsподходящие навыки

abilitiesспособности

positive qualitiesположительные качества

legal experienceопыт в сфере юриспруденции

reference pageссылочная страница

to impactударять, сталкиваться, прижимать

hiring decisionрешение о приеме на работу

positive attitudeположительное отношение

fidgetyбеспокойный, суетливый

multiple interviewsмногочисленные собеседования

day long interviewsсобеседование в течение дня

  1.  Match two halves to make sentences.
  1.  Know the practice area of the firm…
  1.  and formulate your career goals.

2. Carefully analyze your skills and abilities…

b) not a law student.

  1.  Make sure you know well where the firm is located…

c) and the background of its members.

  1.  Be prepared for multiple interviewers…

d) and how to get there.

  1.  Look and act like a lawyer…
  1.  and day long interviews.

3. Say if the following statements are true or false, correct those that are false.

  1.  You should be polite during the interview, but do not refuse to smoke or to joke a bit.

2. Do not be afraid to ask questions about the company or job.

3. Try to look relaxed and calm, but concentrated.

  1.  Some questions of the interviewer can be tactless, especially about your age or marital status, ethnic background or race.
  2.  The employer will inform you immediately after the interview if you get the job or not.
  3.  It’s a good idea to discuss your salary at the first interview.

4. Answer the following questions.

  1.  You entered the interview room but nobody invited you to sit down. What would you do?
  2.  You are asked some questions about yourself that may require short “yes” or “no” answers. Would abrupt “yes” or “no” answers be appropriate? What kind of answers would you give?
  3.  While preparing for the interview, you have made investigation about the company you are seeking position in. You have got some information about it and feel you know a lot. Would you ask the interviewer any more questions about the company?
  4.  The interviewer seems to be satisfied with your answers and hints that the meeting is ending. What would you do?
  5.  At the end of the interview, the interviewer has not given you any specific time frame for the hiring decision. When would you call him / her to find out the status of your application?

5. Study the information and do the activity after it.

INTERVIEW AT A LAW FIRM

Sample Questions You May Ask

1.  How would you describe the general trends of the firm’s activity?

2.  How are associates (law clerks) supervised, trained, evaluated?

3.  How much pro bono work do attorneys do? Is it encouraged?

4.  How and when do associates become specialists?

5.  How much turnover has there been in the firm? What are the prospects of the firm?

6. To what extent are associates given immediate responsibility and direct contacts with clients?

7. Does the firm/employer have any attorney training programs?

8. What type of work would I be assigned to do?

9. Will I have an opportunity to attend court hearings of the cases I work on?

10. Am I expected to bring in new clients and will I receive additional compensation for doing so?

Questions regarding salary and/or benefits should be reserved until the second interview or until an offer is made.

Sample Questions Employers May Ask

  1.  What are the most important considerations for you in choosing a job?

2. Are you willing to relocate or travel as part of your career?

3. What persuaded you to become a lawyer? Why did you go to law school?

4. What do you see yourself doing five years from now?

5. What qualities do you possess that will make you a good lawyer?

  1.  What is the most significant item on your resume?

What would you like to know about our organization?

Tell us about your education/employment achievements.

Why should I hire you?

10. If you could change legal education, what changes would you make?

11. What law school subjects have you liked most? Least? Why?

  1.   In what ways do you think you can make a contribution to our agency/office?
  2.  What have you learned from participation in a clinical program? What have you learned from the previous job activities?
  3.  What do you know about this firm/agency/company?
  4.  What are your salary expectations?
  5.  What areas of our practice would be of special interest to you?

       (Abridged from Roger Williams University web site law.rwu.edu)

6. Act a role-play and practise to answer the questions above.

The HR manager of Stetson Business Consulting is interviewing Mary Jane Adams.

Student A. You are the HR Manager. Study Ms Adams’s CV and find what you would like to clear out. Make up your own list of questions choosing from the list above and adding some more special questions. Get ready to answer the questions Mary will ask you. Get ready to speak about your company Business Consulting.

Student B. You are Mary Jane Adams. You are applying for the position of Corporate Attorney at Stetson Business Consulting. To prepare for the interview read your CV  so that you will be able to answer all the questions.

Legal Documents                                                                          Unit 3                            

Types of Legal Documents

  1.  Read the text and do the activities after it.

Legal drafting is in many ways the very definition of practicing law. No  matter what type of  practice you pursue, drafting will be an integral part of your daily work.

Civil litigators draft complaints, other pleadings, interrogatories, jury instructions, settlement agreements, appellate briefs, etc. Transactional attorneys draft contracts of all types, leases, promissory notes, articles of incorporation, etc.

The formatting of the document will depend on what type of document it is.     There are three basic types of legal documents that you may want to draft yourself:

  •  Demand, notice, and negotiation letters are all legal documents that you may be able to prepare without the assistance of an attorney. Letters may be written, for example, to resolve a dispute without a lawsuit, in response to another’s demand or offer, or as legal notice that a lawsuit will be filed.
  •  Directives and agreements describe parties’ obligations to one another and/or how some event or series of events will be governed. Wills and Trusts are examples of directives, and contracts to purchase a house  and agreements to provide painting services are examples of agreements.
  •  Pleadings are documents that are meant to be filed with the Court. A pleading may be a complaint, petition, motion, affidavit, or a set of interrogatories.

  1.  Study the  vocabulary

to pursueпреследовать (цель)

litigator –  адвокат, сторона в  судебном процессе

complaint – жалоба

pleading –  подача в суд заявления,  ходатайство,  прошение

interrogatory – вопрос,  допрос, опросный лист (для показаний)

settlement  agreements – мировое соглашение

brief – сводка, резюме, краткое письменное изложение дела

transactional – деловой, связанный со сделкой

lease – аренда, сдача в наём

promissory notes – долговое обязательство

motion – ходатайство,  предложение

articles of incorporation – официальный акт о регистрации компании / акционерного общества

demand  –  требование, запрос

lawsuit – судебный процесс, иск, тяжба

will   завещание

trust – доверенность

affidavit – письменное показание под присягой

make a legal demandпредъявлять надлежаще заявленное требование

request for admissions письменное изложение фактов дела, высылаемое противной стороне для признания или отрицания

subpoena – вызов в суд,  повестка о явке в суд

discovery – (юр) предоставление документов суду

assessment of someones state of mindоценка чьего-либо психического состояния

agenda программа работы, повестка дня / собрания

entirely unknown company   совершенно незнакомая компания

income from sales – доходы от продаж

retainer  соглашение между клиентом и адвокатом (о ведении им дела)

  1.  Translate these word combinations into Russian.

To practice law, to draft legal documents,  negotiation letters,  to be filed,  to purchase a house,  to provide  services,  examples of agreements,  integral part of your daily work,  in many ways.                                                                                                                                                                               

                                                                                                                

  1.  Choose three combinations from above and write your own sentences using them.

 

  1.  Match the verbs with the nouns.

          to draft                                                    services      

          to do                                                        obligations

          to resolve                                                 documents

          to describe                                                research

          to provide                                                 a dispute          

  1.    Match the words with their definitions.
  2.  – retainer agreement
  3.  – agenda

3  – form letter

  1.   – demand package
    1.  a contract between a lawyer and a client for retention and payment of services
      1.  a set of documents that a lawyer obtains from other companies to help with a case
        1.  a letter that is printed many times and sent to many different people
        2.  a list of things that need to be done in a certain order   

                                                                                                                      

  1.  Match different types of legal documents with their descriptions.
  2.  A Contract
  3.  Consultancy Agreement
  4.  Disclosure Agreement
  5.  An Agreement for the sale of a business 
  6.  Employment Contract
  7.  Fractional Ownership
  8.  A Shareholder Agreement 
  9.  Vehicle Lease Template
  10.  A Franchise  Agreement
  11.   A loan Agreement 
  12.  This template is suitable for a self employed person. It clarifies the self employed status of the consultant. 
  13.  It restricts information flows. Confidentiality is an ethical principle associated with several professions (e.g., medicine, law).  
  14.  A document which can assist with the fractional or shared ownership arrangements.
  15.  A vital tool to protect your interests as a shareholder in a private company. 
  16.  It is a comprehensive lease agreement suitable for renting out any type of  a large vehicle to businesses.
  17.  One of the most common types of contracts that people enter into. This is because in a person’s working life, they are likely to go through many different positions and experience many different workplaces which have different legal requirements. 
  18.  An agreement between a franchisor and a franchisee which outlines the legal obligations of both parties.
  19.  An essential tool whenever you are lending money.
  20.  A legally binding agreement between two or more parties that creates an obligation to do, or not to do, particular things. 
  21.  A standard agreement which is used to transfer the ownership of a business from one person  to another.

  1.  Study the information about different types of marketing agreements.

There are various types of marketing agreements including:

  •  Agency agreements
  •  Distribution agreements
  •  Franchising agreements
  •  Joint venture agreements

Agency agreement A traditional sales agency agreement is an agreement whereby a company (known as the principal) authorises another company or individual (known as the agent) to sell the principal’s goods on its behalf. The agent thus sells the goods on behalf of the principal. When a customer purchases from the agent the contractual relationship will legally exist directly between the principal and the purchaser (the agent receiving commission on such sales).

Distribution agreement This is an agreement whereby a company (termed the supplier) actually sells its goods to another company (the distributor). When the distributor sells the goods on to its own customer there is no contract created between the supplier and the final customer (the contract being between the distributor and its customer).

Franchise agreement A company (the franchisor) can expand its business nationally and internationally by entering into franchise agreements with other parties (known as franchisees). This is known as franchising a business. A franchise agreement imposes requirements on the franchisee to operate the business in accordance with a uniform business model. The franchisee benefits however by being associated with a well recognised brand-name. Many well-known high street brands are franchises, such as fast-food restaurants.

Joint venture agreement This is an arrangement in which two or more businesses agree to cooperate or in other words ‘join forces’ on a particular business venture or project. This enables companies to undertake initiatives which they may not have the resources to undertake individually, sharing risks while also combining their financial and skills resources.

Vocabulary

marketing agreement – маркетинговое соглашение 

distribution agreement   дистрибьюторское соглашение 

joint venture agreement   соглашение о совместном предприятии

whereby – посредством чего, при помощи чего, в соответствии c  чем

franchise agreement – льготное соглашение 

on behalf of – от лица, от имени

contractual relationshipдоговорные отношения

to sell goodsпродавать товары

to purchase goods  – покупать товары

benefit – выгода,  польза, прибыль

9. Mark the following statements as true  or false. Comment on them.

1. An agent purchases goods directly from the  principal.

2. Under an agency agreement a contract exists between the principal and ultimate customer.

3. Under a distribution agreement the distributor purchases goods directly from a supplier.

4. An entirely unknown company would be  suitable for franchising.

Drafting Legal Documents

1. Study the text. Formulate the basic requirements for drafting legal documents.

HOW TO DRAFT  LEGAL DOCUMENTS

The requirements for legal documents may differ greatly based on where you are filing the legal document and what you hope to accomplish. The requirements for legal documents are governed by the state or federal court’s rules.

Instructions

  1.  Determine what you are asking for. Before you begin to draft your legal document, make sure you have a clear understanding of what you wish to accomplish with the document.
  2.  Research the rules that govern your action and your jurisdiction. As you begin to prepare your document, refer to your jurisdictions written rules to verify that you are formatting your document properly and are meeting the minimum requirements for your type of document.
  3.  Title your document appropriately. Be sure to include the name of the court in which you will be filing the document, the case name and the case number at the top of your legal document.

2. Study the information and answer the questions.

  1.  What does drafting mean in the legal sense?
  2.  Why is precision so important (when drafting a legal agreement)?

DRAFTING AGREEMENTS

Drafting is an important skill for a lawyer. Drafting in the legal sense means to compose legal documentation.

A written agreement can protect your interests. Precision is essential when drafting legal agreements; otherwise there may be scope for ambiguity in the course of interpreting the intended meaning of the terms of the agreement. This can lead to subsequent dispute between the parties to the agreement. Drafting practice provides the opportunity to develop your skill in the use of legal English.

3. Study the vocabulary and complete this sales agency agreement on behalf of Cadmium Aerospace Limited by selecting the appropriate word to enter in each blank space from the alternatives in the brackets.

valid agreementдействующий, имеющий силу договор

ambiguityнеопределённость,  неясность

appropriate  – подходящий, соответствующий

endeavourпопытка, старание,  стремление

undertakeпредпринимать,  совершать

to ensure credit-worthinessгаранти-ровать, обеспечивать кредитоспособность

continuance –  продолжительность / длительность

hereby  этим / настоящим    

thus   – так, таким образом,  итак

thereafterпосле этого,  в последствии, соответственно

further  – дальнейший,  добавочный

hereunder  – упомянутый здесь, в силу  настоящего  закона или договора

hereof  –  сего, этого, об этом, отсюда, из этого (в документах)  

conversely  –  обратно, вспять, назад

furthermore  –  к тому же, более того, кроме того

henceforth  –  с этого времени, впредь

subsequentlyвпоследствии, позднее, позже

hereinafter –  ниже, в дальнейшем

hereinздесь, в этом документе

heretoк этому (документу)

meanwhileтем временем, между тем, пока

withinв,  внутри, в рамках

hereafterниже, затем, дальше

nevertheless –  тем не менее, всё же

 

AGENCY AGREEMENT

THIS AGREEMENT is made on the 19th day of July 2007

BETWEEN:

(1) CADMIUM AEROSPACE LIMITED, whose registered office is at 168 Hanover Square, London  (the Principle)

AND   (2) MACFADYEN AVIATION LIMITED, whose registered office is at 115 Duxford Road, Cambridge  (the Agent)

  1.  APPOINTMENT

The Principal [1]  _____  [hereby / thus / thereafter] appoints the Agent and the Agent agrees to act as the Agent of the Principal for the purpose of promoting and selling the Principal's aircraft throughout Europe and North America (‘the Territory’). It is [2] ______  [nevertheless / whereby / further] agreed that this agreement shall be valid for a period of two years. [3] _____   [Hereunder / Moreover / Whereby] the Principal agrees not to appoint any other agent in the territory and [4]  ______  [hereof / conversely / furthermore] agrees not to seek nor enter into sales itself within the Territory during the period of the Agreement.

     2.  AGENT'S OBLIGATIONS

2.1 The Agent [5] _____   [hereunder / hereof / hereby] undertakes to use its best endeavours to  market and achieve sales of the Principal’s aircraft in the Territory. The Agent is also [6]  ___ [henceforth / subsequently / hereinafter] authorised to enter into contracts for the sale of the Principal’s aircraft for and on behalf of the Principal.

2.2 [7]  ____  [Herein / Alternatively / In addition], the Agent undertakes to provide the Principal with market reports on monthly sales and competitors' activities.

2.3 The Agent shall make appropriate credit checks on potential customers in order to ensure their credit-worthiness.

        3. PRINCIPAL’S OBLIGATIONS  

3.1 The Principal hereby agrees that [8] ____   [hereto / during / meanwhile] the continuance of the Agreement it will:

       3.1.1 provide the Agent with training on the Principal’s aircraft;

       3.1.2 provide customers with technical and servicing report;

       3.1.3 provide the Agent with marketing and publicity material to assist the Agent with marketing the Principal’s aircraft [9] ____   [within / nevertheless / hereafter] the Territory.

     4. REMUNERATION

4.1 The Agent shall receive from the Principal in consideration of its services hereunder commission as follows:

       4.1.1 at a rate of 5% of the Net Selling Price for each single engined airplane sold;

       4.1.2 at a rate of 7% of the Net Selling Price for each twin engined airplane sold.

EXECUTED BY  _______ (Sales Director)

For and on behalf of CADMIUM AEROSPACE LIMITED  

EXECUTED BY___________ (Chief Executive Officer)

For and on behalf of MACFADYEN AVIATION LIMITED  

4. Study the vocabulary.                                                                                                                                                

to make a claim – предъявлять иск / претензию

to admit a claim  признавать справедливость претензии

earning – доход,  заработок

to enforce the judgementприводить в исполнение  правосудие,  решение суда

to file a replyрегистрировать  ответ истца

to review the process – пересмотреть процесс

claimantпредъявляющий права / истец

defendantответчик / обвиняемый

to give the opportunityпредоставлять возможность

to claim for compensationвостребовать возмещение убытков

to take actions – предпринять меры

circumstancesобстановка / обстоятельства

in your favourв вашу пользу

proceedingиск,  процессуальное действие

preliminary hearingпредварительное слушание

reasonable chargeразумное,  обоснованное обвинение

received satisfactionполученная компенсация,  возмещение

specified periodуказанный / определённый период

faulty goodsдефектный товар,  брак

provide a serviceпредоставлять, оказывать услуги

within a reasonable time –  за приемлемое время,  в  разумные сроки

to settle the dispute – разрешить спор

5. Complete this letter regarding a personal injury claim at a ‘Get Fit’ fitness centre. Pay attention to the grammatical context. There is more than one possibility for three of the answers.

 earnings          sustained/suffered      undergoing      suffered/sustained       care     admitted         injury       claim         negligence        owes    

Dear Sirs

Our client:  Ms Paula Kosmaczewski

Re:  Accident at 'Get Fit' fitness centre on 8 March 2007

We are instructed by the above-named client with regard to a personal (1) _______ that took place as a result of an accident in your fitness centre on 8 March.

We are instructed that the circumstances of the accident were that our client was running on an exercise machine when the rotating track stopped abruptly and she fell forward and (2) ______  an injury to both her right shoulder and right knee. A member of  the centre's staff  was summoned by another centre user. The staff member assisted our client. Another member of staff said that the running machine had not been maintained recently. Our client was assisted by centre staff to a taxi and went home. On the 30 March our client consulted her doctor because of the pain and restricted movement in her shoulder and knee as a result of the accident. Her doctor referred her to the hospital for specialist examination and treatment. Our client is still (3)  ______ medical treatment and has recovered 80% but is advised by medical consultants that she is unlikely to recover 100%.

Our  client is self-employed as a freelance musician. As a result of the accident she was unable to fulfil ten weeks of contracted work and has (4)  ________ a loss of (5) _______.

As you are aware, under section 2 of the Occupiers’ Liability Act the occupier of the premises (6) _______  a duty of (7) ________  to all visitors to keep the premises and equipment reasonably safe. Our client’s accident results from a failure to keep equipment safe and a member of staff (8)  _______  liability. Our client has a valid (9) ______ against you in (10) __________ .                                                                                                                                                                                                                  

6. Complete the paragraphs with the words and expressions from the box.

       1. claim for compensation 2. claim form 3. County Court 4. in your favour

5. issue the proceedings 6. make a claim 7. poor workmanship

8. preliminary  hearing  9. reasonable care and skill 10. reasonable charge

11. received satisfaction 12. serves the claim 13. Small Claims 14. specified period

  1.  If a service is being provided (for example, a mobile phone contract), and there is a ____   for the contract, this must be clearly stated by the provider.
  2.  If you buy faulty goods with a credit card, and those goods cost over £100, you have an equal  ______ against the seller of the goods and the credit card company.
  3.  Where a service such as the repair of a car is being provided, it should be done with ______   (an unsatisfactory standard of work or general _____  should not be accepted by the customer) for a  ________ (the customer should not have to pay an excessive amount of money) and within a reasonable time.
  4.  If you need to ___ against a shop, company or other provider, because you have not   ______ from that shop, company, etc, you can do so through the ______. For claims of less than £5,000 the   ________ procedure should be useful.
  5.  The process is very simple: after completing a ____, you ask the court to _____. The court then ______ on the company or other provider. Assuming the company responds within the specified time limit, there will be a _____ . Later, there will be a main hearing where hopefully the judge will decide  _______ .                                                                                                                        

7. Make word combinations using a word from each  box.  Then use appropriate word combinations to answer the    questions below.

  1.  admit
  2.  agree to
  3.  allocate to
  4.  enforce
  5.  file
  6.  issue
  7.  review
  8.  serve
  9.  set
  10.  settle
  1.  a timetable
  2.  a stay
  3.  a claim
  4.  the process
  5.  the judgment
  6.  a claim
  7.  a claim on
  8.  a regime
  9.  differences
  10.  a reply

1. How does a claim proceeding start?

2. What must a defendant do when he or she has been served with a claim?

3. If both parties want time to try to settle the dispute out of court what should they ask the court to do?

4. What is the purpose of a case management conference?

5. If a defendant is ordered to pay a claimant’s costs but does not, what action can  the claimant take?

Study the vocabulary.

memorandumслужебная записка, директива

layout  схема, план, планирование

internal communications – внутренние контакты

notice board – доска объявлений

contentсодержание,  суть

to deal  with a legal issue – рассматривать юридический вопрос  

appropriate titleподходящее / соответствующее заглавие / название

pertinent information – информация, относящаяся к делу

relevant law –  соответствующая правовая норма

citation – ссылка,  упоминание

assignment – назначение , предназначение

to identify  problems   определять проблемы

to consolidate information – объединять / информацию / сведения

8. Read the text and do the activities after it.

MEMORANDA

Memoranda (usually known as memos) are written internal communications that advise or inform staff of new policies, procedures, events or decisions. They are usually quite formal and impersonal in style.

Memos may be addressed to one other person or to a number of persons.  They may be put on a notice board for everyone to see, or circulated in internal  mail.  

Layout  Firms often use headed paper for memos. This gives less information about the firm than the letterhead for external correspondence, but indicates which department has issued the memo. A memo should state at the top of the first page: the person(s) to whom they are addressed; the person who wrote the memorandum; the date; the subject.

Content  A typical memo might be structured as follows:

• The memo should have an appropriate title — one that accurately reflects  the contents, and preferably one for which a file can easily be selected.

• The first paragraph of the memo may be used to explain the background  to the issue that the memo refers to.

• The main part of the memo should be used to explain concisely:

  •  what is going to happen;
  •  why it is going to happen;
  •  when it is going to happen;
  •  how it will affect people / who will be affected.

•  The next part of the memo should explain what should be done by anyone affected.

• The last part of the memo should advise staff where they can go for

an explanation and how to communicate their comments or  complaints.

• The memorandum should be signed by the writer.

9. Put the following phrases into the correct order to make up a typical structure of a memo (according to the text).

  •  The date.
  •  The name of a person who wrote the memorandum.
  •  The subject.
  •  The background  of the problem.
  •  The  part which explains what should be done.
  •  The name of a person to whom they are addressed.
  •  The main part of the memo.
  •  The signature of the writer.
  •  Pieces of advice  for staff.
  •  The title.

10. Read the manual on writing a legal memorandum.

A Legal Memorandum

    A legal memorandum, or memo, is an essay dealing with a legal issue. The memo is often written by a paralegal, a law student, or a lawyer.

The first part of a legal memo is the heading, including:

       To: (who it is addressed to)          From: (who it is written by)

       Date: (date which the memo is written)

       RE: (what this memo is regarding)

       Office File: (the file and the file number the memo refers to)

Next, include information about your assignment. This section will explain the reason for the memorandum.

Following the heading and assignment, there are three main elements of the legal memo. The first is the statement of facts. This includes issues, conclusions and other pertinent information. Analysis of the relevant laws goes in this section, too. Next, include citations from similar cases. Finally, summarize the recommendations based on this information.

11. Mark the following statements as true or false.

1 – Legal memos consist of two sections.

2 – The file number is included in the heading of the memo.

3 – The citations come after the summary of recommendations in a legal memo.   

                                                                                                                                                                        

12. Write a word from the box that is similar in meaning to the underlined part.

citations                     assignment                          conclusions

                      legal memorandum                  pertinent

1. Ellen wrote an essay dealing with a legal issue.

2. How is the information relevant to the current case?

3. Is that the new work to complete?

4. What are your final thoughts  reached after considering the facts?

5. Paul included detailed information from other case files.                                                                                                                   

                                                                                                

13. Fill in the blanks with the correct word from the word bank.

heading        statement of facts         issues         analysis         recommendations

  1.  The first section of a legal memorandum includes conclusions and _________ .
  2.  The lawyer asked him for John’s _________ about what to do next.
  3.  The author is identified in the _________ .
  4.  Jackson’s  ______  identified several problems.
  5.  All of the information is consolidated in the  ________ .                                                                                                                                                                     

14. Listen to a conversation between an attorney and a paralegal. Mark  the following statements as true (T) or false (F).

  •  The woman knows about the Singh case.
  •  The man does not recall any similar cases.
  •  The woman will work on the memorandum today.

15. Listen again and complete the conversation.

Attorney: Hi Sue. Would  you 1______ ______ legal memorandum for me today, please?

Paralegal: Yes. I can work on that this afternoon.

 Attorney: It’s about the Singh case. Are you 2 _________ with it?

Paralegal: Yes. I’ve 3 _____ _____ _____.

Attorney: Good. Please summarize the issues to send out to our 4 _____ ____.

Paralegal: Sure. Would you like me to include an analysis as well?

Attorney: Yes, and any 5 ________ you can find from similar cases.

Paralegal: Do you have any cases 6 ____ ____?

Attorney: Smith versus Carson, for one.

                                                                                                         

Legal Writing: the Language, Content and Structure

1. Read the text and do the activities after it.

LEGAL DOCUMENTS: THE LANGUAGE AND STRUCTURE

Create a heading. The heading of a legal document may be letterhead, a case caption, or simply the title of the document, depending upon the type of legal document you are drafting.

  •  Letterhead. Letterhead goes at the top of the first page of a letter, contains the letter writer’s name, address, and telephone number, and may contain an e-mail address, fax number, or company logo. You may include anything you like in your letterhead, as long as it identifies you as the letter’s author and provides a way for the reader to contact you, such as e-mail address.
  •  Case Caption. If you are drafting a pleading, you will need to put the case caption at the top of the first page of the pleading. A case caption contains the name of the state and Court, the parties names, and a case or cause number. A case caption can also contain other information specific to the case, such as the parties’ addresses, social security numbers, or the name of a special Judge hearing the case.
  •  Document Title. Directives and agreements generally have headings, which contain the name of the document in large and/or bold font. A document title for an agreement or directive may be something like  “Paralegal Services Agreement”.

Create the body of the document. Using the forms you found, write the main part of the document. When writing, you want to use clear, concise language to ensure that there is only one way of interpreting the words. You want every person who reads the document to understand it to mean the same thing. 

Make a signature block. A signature block provides a line for each person who will sign the document with his or her name typed or printed beneath the line. It may also include a space for the signatory to date the document.

Vocabulary

letterhead – шапка на фирменном бланке

caption заголовок

logo – логотип, эмблема, фирменный знак

bold font – жирный шрифт

signature – подпись

font  шрифт

concise language – краткий, лаконичный язык

to ensure – гарантировать, обеспечивать

interpreting – интерпретация

beneath – внизу, ниже

signatory –  лицо, подписавшее договор 

  1.  Make the sentences by matching the phrases from two columns.

  1.  Letterhead goes …

  1.  Agreements generally have headings, …
  2.  A signature block includes …

  1.  A case caption contains …

  1.  Using concise language you can ensure that …
  1.  … the name of the state and Court.
  2.  … a space for the signatory to date the document.
  3.  … which contain the name of the document.
  4.  … at the top of the first page of a letter.
  5.  … there is only one way of interpreting the words.

3. Fill in the blanks:

The title of the document depends upon the ______ of legal document you are _____.  Letterhead  contains  __________and  fax number. If you are drafting a pleading, you will need to put ________ at the top of the first page. Directives have____ , which contain the name of the document in bold ____. Using the forms you found, create the ____ of the document. Every person who reads the document should _____ it. 

4. Study the information about the arrangement of information in regulations.

1) Prepare an outline.

Before you start to draft a set of regulations, prepare an outline to organize the subject  matter   of   the  regulations.  The amount  of  effort that you put into this

startup phase of a drafting project has great impact on the usefulness of the final product. Without proper organization and arrangement, and the clarity that results from the use of good drafting principles, the major topics of a document can easily be lost. Use of the following principles should make your outline a beneficial tool.

2) Establish a single principle of division and use that principle to divide the subject matter into major topics.

First, establish a principle of division. Consider the one or more audiences that the regulations address. 

After establishing the basic principle of division based on the audience addressed, you should organize the subject matter of the document by major topics. 

3) Arrange the items within a topic in a logical sequence.

Once you have established your classifications, you must arrange them in a sequence that is helpful to the audience you are addressing.

Here are some suggestions to help you arrange the information in your regulations:

  •  Place general provisions before specific provisions.
  •  Place more important provisions before less important provisions.
  •  Place more frequently used provisions before less frequently used provisions.
  •  Place permanent provisions before temporary provisions.
  •  Place administrative provisions (such as effective date provisions) and penalty provisions at the end.

Vocabulary

               

outlineнабросок, план, схема

regulationправило, предписание, регламент

subject matterтема, содержание, предмет изучения

startupввод в действие, пуск

impact  – воздействие, влияние

proper  arrangementправильная / соответствующая  структура

beneficial toolполезный инструмент, орудие, средство

establishing the basic principle – создание  / установление  главного принципа

major topic  – главная / основная тема

item – пункт, вопрос

in a sequence – в последовательности

general provisionsобщие положения

5. Put the following actions into the correct order (according to the text).

  •  Divide the subject matter into major topics
  •  Arrange the items in a logical sequence
  •  Place general provisions
  •  Prepare an outline to organize the subject matter
  •  Place administrative provisions    
  •  Establish a principle of division                                  

                                                                                                

  1.  Read the text about the principles of clear  writing and match the headings

(A-N) with the paragraphs (1-14) they belong to.

  1.  Use the present tense.
  2.  Use short paragraphs.
  3.  Prefer simple words.
  4.  Be direct.
  5.  Omit needless words.
  6.  Use the singular noun rather than the plural noun.
  7.  Use concrete words.
  8.  Avoid use of exceptions.
  9.  Make lists clear and logical in structure.
  10.  Write in the active voice.
  11.  Use “must”  instead of “shall”.
  12.  Be consistent.
  13.  Write short sentences.
  14.  Use action verbs.

1.  The active voice eliminates confusion by forcing you to name the actor in a sentence. This construction makes clear to the reader who is to perform the duty.
The passive voice makes sentences longer and roundabout. Who is responsible is much less obvious.
The passive voice is appropriate when the actor is unknown, unimportant, or obvious. This does not usually apply in regulatory text. 

2.  Avoid so called “nominals” nouns with verbs inside. They are hard to read and make sentences longer. Action verbs are shorter and more direct (F: give consideration to   consider; make payment pay; give recognition to   recognize).

3. To impose a legal obligation, use “must.” To predict future action, use “will.”

4. Talk directly to your readers. Use the imperative mood. Regulations tend themselves to this style, especially procedures, how-to instructions, and lists of duties.  This style results in procedures that are shorter and easier to understand.

5. A regulation of continuing effect speaks as of the time you apply it, not as of the time you draft it or when it becomes effective. For this reason, you should draft regulations in the present tense. By drafting in the present tense, you avoid complicated and awkward verb forms.

6. If possible, state a rule or category directly rather than describing that rule or category by stating its exceptions.

DON’T SAY: All persons except those 18 years or older must...
SAY: Each person under 18 years of age must...

 7. To the extent your meaning allows, use a singular noun instead of a plural noun. You will avoid the problem of whether the rule applies separately to each member of a class or jointly to the class as a whole.

8. Don’t use different words to denote the same things. Variation for the sake of variation has no place in regulation writing. Using a synonym rather than repeating the precise term just confuses the reader.

  9. Government writing should be dignified, but doesn’t have to be pompous. Writing can be dignified when the language is simple, direct, and strong. To make your writing clearer and easier to read, and thus more effective, prefer the simple word.

10. Don’t use compound prepositions and other wordy expressions when the same meaning can be conveyed with one or two words. F:  in many instances – sometimes.

11. Legal  writing often concerns abstract subjects. But abstract words can be vague and open to different interpretations. Put instructions in simple, concrete words. F: vehicles  automobiles

12. Readable sentences are simple, active, affirmative, and declarative. Legal documents often contain conditions which result in complex sentences with many clauses. The more complex the sentence, the greater the possibility for difficulty in determining the intended meaning of the sentence.

13.Listing provides white space that separates the various conditions. Listing can help you avoid the problems of ambiguity caused by the words “and” and “or”.

   14. A writer may improve the clarity of a regulation by using short, compact paragraphs. Each paragraph should deal with a single, unified topic. Complex, or technical discussions should be presented in a series of related paragraphs.

7. Match two halves.

  1.  shall
  1.  imposes obligation, indicates a necessity to act
  1.  will
  1.  infers obligation, but not absolute necessity
  1.  must
  1.   imposes an obligation to act, but may be confused with prediction of future action   
  1.  must not
  1.  indicates a prohibition
  1.  should
  1.   predicts future action  

8. Read the text and complete the chart below with the recommendations from the   checklist. Use the suitable phrases (F: Define the main aim of the document).

CHECKLIST

 This checklist can be used when drafting or evaluating business contracts and other documents.

Before drafting the document.

  •  Have you got all the information you need?
  •  What is the main aim of the document?
  •  What are the main facts that form the basis of the document?
  •  What is the applicable law and how will it affect the drafting?
  •  Are there any useful precedents  that could be used for the  draft?

Content

  •  Do the terms of the document reflect the intentions of the client or the bargain  between the parties?
  •  If the document is a contract, does it contain fair mutual obligations?
  •  Does the document foresee what might go wrong in the future?
  •  Does the drafting of the document provide protection if something does go wrong?
  •  If the document is a contract, does it provide a dispute-resolution mechanism in case something goes wrong?

Language

  •  Is the language used in the document clear and coherent?
  •  Are there any ambiguities?
  •  Is terminology used in a consistent way?
  •  Are the spelling and punctuation correct?
  •  Will the reader understand the contract?
  •  Have the following been removed: irrelevant language; jargon;  excessive use of capitals; unnecessary definitions; unnecessary use of foreign terms.

Law

  •  Is the document legally effective?
  •  Does it fulfil all formal requirements ?

Accuracy

Is all factual matter contained in the document accurate, in particular: dates;   time-limits;  names and addresses;  prices;  identification numbers …?

Structure

  •  Does the document have a logical structure? Does each paragraph contain just one main idea?
  •  Does the order of sentences and paragraphs make sense?
  •  Are there links between one paragraph and the next? Are there links between sentences in each paragraph?

Presentation and layout

  •  Is the font size big enough?
  •  Are the lines the right length?
  •  Is there enough white space in the document?
  •  Have headings been used for main clauses?

Before drafting the document

 Content

Language

  Law

Accuracy

Structure

Presentation and layout

 

 

 Contract Law in Practice                                                   Unit 4                                                                                                                 

Introduction to the Law of Contracts

  1.  Study the information and answer the questions below.

In common law, a contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are “offer” and “acceptance” by “competent persons” having legal capacity who exchange “consideration” to create “mutuality of obligation”.

  •  What is a contract?
  •  Have you ever entered into a contract?
  •  Decide on items that you think should be included in a contract.
  •  Do you think contracts should be written in plain language so that everybody could get the point or should be comprehended only by legal professionals?

  1.  Complete the statement with your own ideas. “It is difficult to imagine going very long before making some kind of agreement enforceable by law. Whenever we buy goods and services, we enter into contractual relationship”.

 

  1.  Investigate the idea of Contracts. Write down the words and phrases related to Contracts.

Contract is a legally enforceable agreement between two (or more) parties.

Before a contract can be formed, there must be both an offer and an acceptance of that offer. Sounds simple? It’s not; lawyers everywhere have earned millions of dollars in fees arguing just whether or not a valid contract existed.

In common law, contracts are formed in the following manner.

1. an offer is made by a person or corporation normally referred to as an offeror;

2. the offer is then accepted (acceptance) by a person or corporation normally referred to as an offeree.

Let’s reduce what we have learned about contracts to a formula:

Offer + acceptance = bona fide (valid) contract

The contract is binding (legally enforceable) if only there are these four elements:

  1.  competent parties;
  2.  legal subject matters;
  3.  legal consideration;
  4.  mutuality of agreement and mutuality of obligation.

The absence of any of these elements may render (make) a contract unenforced.

4.  Read the text. Do the activities after it.

FORMATION OF A CONTRACT

Formation of a contract requires the presence of four essential elements:

Offer 

The contract must contain the basic terms of the agreement and be capable of acceptance without further negotiation. This does not mean that the initial communication between parties will in itself constitute an offer. For example, in an auction situation, the seller, known as the vendor, may make an invitation to treat – invite an offer – by setting out the conditions of sale (for example when payment will be made) with the exception of the price. The offer is submitted by the purchaser, who offers to purchase at a specified price and will usually incorporate the terms of the invitation to treat into his/her offer.

Acceptance 

There must be an unqualified agreement to proceed on the basis set out in the offer and it must be communicated to the offeror – the person making the offer – in order to be effective. If the offeree – the person receiving the offer – states that he or she accepts the offer subject to contract, that is, some variation of the terms, then no contract is formed. This would be a qualified acceptance, which constitutes a counter offer.

Issues may arise as to whether the acceptance has been communicated. Two rules determine this.

The reception rule applies to instantaneous forms of communication, for example telephone calls. The contract is said to be formed when the acceptance is received by the offeror.

The postal acceptance rule, where there is a delay between the communication being sent and received, for example by post. The contract is formed when the acceptance is sent by the offeree.

To avoid uncertainty, the offeror may specify the method and timing of acceptance. Agreement on essential terms, for example price and delivery, must be certain and not vague.

 Consideration

For a contract to be enforceable something of value must be given, for example a price, even if it is of nominal value.

• Intention

It is assumed that contracting parties intend to create legal relations, particularly in commercial circumstances. This is, however, a rebuttal presumption — an assumption that can be contradicted — if there is contrary evidence.

Vocabulary

agreementcоглашение, договор

acceptanceсогласие, принятие

negotiationобсуждение, переговоры

offerпредложение

auction  аукцион, торг

vendorпродавец

purchaser  покупатель

conditions of saleусловия продажи

unqualified agreementбезусловный акцепт

enforceable  имеющий исковую силу

nominal value  номинальная стоимость

intention  намерение

contracting partiesдоговаривающиеся стороны

rebuttal presumption  опровержение презумпции

contrary evidence  контрдоказательство

offerorоферент, дилер, продавец

offereeадресат оферты, лицо, которому делают предложение

counter offerвстречное предложение

qualified acceptance  акцепт с оговорками, условный акцепт (согласие принять предложение партнера при выполнении определенных условий)

consideration  встречное удовлетворение, компенсация, вознаграждение, возмещение, оплата

5.  Make word combinations using the words from the box.

contrary        offer        conditions of        avoid            sale           qualified      

  parties        essential           contracting        terms          contract     

 acceptance               counter                uncertainty              evidence    

        subject to           rebuttal                 presumption

  

6.  Find the English equivalents to the following Russian word combinations.    

Cоставление контракта, базовые статьи, предмет контракта, цена, оплата, обязанности сторон, договаривающиеся стороны.    

 

7.  Find the Russian equivalents to the following English word combinations.

An offer, an agreement, an auction situation, an acceptance, the seller, the purchaser, the offeror, the offeree, a reception rule, a postal acceptance rule.

8.  Read the text. Which two remedies following a breach of contract are mentioned? Are any other options available in your own jurisdiction?

BREACH OF CONTRACT

Contract law deals with promises which create legal rights. In most legal systems, a contract is formed when one party makes an offer that is accepted by the other party. Some legal systems require more, for example that the parties give each other, or promise to give each other, something of value. In common law systems, a one-sided promise to do something (e.g. a promise to make a gift) does not lead to the formation of an enforceable contract, as it lacks consideration.

When the contract is negotiated, the offer and acceptance must match each other in order for the contract to be binding. This means that one party must accept exactly what the other party has offered. If the offer and acceptance do not match each other, then the law says that the second party has made a counter-offer (that is, a new offer to the first party which then may be accepted or rejected).

For there to be a valid contract, the parties must agree on the essential terms. These include the price and the subject matter of the contract.

Contracts may be made in writing or by spoken words. If the parties make a contract by spoken words, it is called an oral contract. In some jurisdictions, certain special types of contracts must be in writing or they are not valid (e.g. the sale of land).

Contracts give both parties rights and obligations. Rights are something positive which a party wants to get from a contract (e.g. the right to payment of money). Obligations are something which a party has to do or give up to get those rights (e.g. the obligation to do work).

When a party does not do what it is required to do under a contract, that a party is said to have breached the contract. The other party may file a lawsuit against the breaching party for breach of contract. The non-breaching party (sometimes called the injured party) may try to get a court to award damages for the breach. Damages refer to money which the court orders the breaching party to pay to the non-breaching party in compensation. Other remedies include specific performance, where a court orders the breaching party to perform the contracts (that is, to do what it promised to do).

A party may want to transfer its rights under a contract to another party. This is called an assignment. When a party assigns (“gives”) its rights under the contract to another party, the assigning party is called the assignor and the party who gets the rights is called the assignee.

Vocabulary

binding contract – обязательный договор

to acceptпринимать

to reject – отвергать, отклонять

valid contract  законный (действительный) контракт

rightsправа

obligationsобязанности

to breach the contract нарушить договор

breaching party сторона, нарушившая договор

non-breaching party / injured party  сторона, понесшая ущерб

damage – ущерб

remedyсредство судебной защиты, средство защиты права

assignment  передача

assignor цедент (лицо, передающее собственность или право на получение чего-л. другому лицу)

assigneeправопреемник 

9.  Read the text again and decide whether these statements are true or false.

  1.  In all legal systems, parties must give something of value in order for a contract to be formed.
  2.  An offer must be met with a counter-offer before a contract is agreed.
  3.  Oral contracts are not always valid.
  4.  If in breach, the court will always force the party to perform the contract.
  5.  Assignments occur when one party gives its contractual rights to another party.

10.  Complete these sentences using the words in the box.

breach              counter-offer             damages                formation                                                  obligations                    oral contract                          terms

  1.  Usually, contract ________________ occurs when an offer is accepted.
  2.  A new offer made by one party to another party is called a _________.
  3.  The price and the subject matter of a contract are the essential _________ of a contract.
  4.  A contract which is not in written form but has been expressed in spoken words is called an ________ .
  5.  Under a contract, a party has ____________ (that is, certain things it has to do).
  6.  When a party does not do what it has promised to do under a contract, it can be sued for ____________ of contract.
  7.  A court can award _______________ to the non-breaching party.

  1.   Match the verbs in the box with the nouns they go with in the text.

accept     award      breach      enforce    file     form   

  make     negotiate      perform         reject

  1.  an offer        2. a contract    3. damages          4. a lawsuit

  1.   Here is a brief summary of the law of contract. Complete the texts using the words in the box.

agreement      breach     capacity     consideration    damages     fraud  

 illegal    obligation    oral    performance    property   signed   terms

What is a contract?

It is an agreement that creates a binding (1)  obligation  upon the parties. The essentials of a contract are as follows: mutual (2)_________; a legal (3)________ , which in most instances need not be financial; parties who have legal (4)__________to make a contract; absence of (5)__________  or duress; and a subject matter that is not (6)______ or against public policy.

What form does a contract take?

In general, contracts may be either (7) _________  or written. Certain types of contracts, however, in order to be enforceable, must be written and (8) ___________ . These include contracts involving the sale and transfer of (9) _______________.

How does a contract end?

In case of a (10)___________   of contract, the injured party may go to court to sue for financial compensation (or (11) __________ ), or for rescission, for injunction, or for specific performance if financial compensation would not compensate for the breach. Specific (12) ________  of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise (13) _____   agreed.

  1.  Listen to the beginning of the lecture on contract law. What is the general subject of the lecture?

  1.  Listen to the whole text and answer these questions. Which of these terms does the speaker mention? What topic will the lecturer talk about next time?
  •  agreement                           
  •  counter-offer
  •  consideration                        
  •  acceptance
  •  negotiation                          
  •  remedy
  •  offer
  1.  Listen again and complete this excerpt from a student’s lecture notes by writing one word in each space.

Introductory lecture on Contract formation

  •  Three requirements for formation:
  1.  ……………………..
  2.  ……………………..
  3.  intention to create ……………. relations
  •  Agreement: when 4) …………… become a settled deal
  •  When an offer is made and 5) ……………., there is an agreement.
  •  Questions about offers: e.g. who makes an offer in an auction? Is a 6) …………. list an offer? Is an advertisement an offer?
  •  Questions about acceptance: does acceptance have to be 7) ………….. ? Accept by 8) ………….?
  •  Consideration basically means the 9) ………… . If there is no consideration, the contract is not legally 10) ………… .
  •  Next week’s lecture will cover rules of 11) …………. .

Types of Legal Contracts

  1.  Before you read the passage, talk about these questions.
  2.  What type of information does a contract usually contain?
  3.  Why would you work with an attorney when writing/drafting a contract?
  4.  Read the job advert and mark the following statements as true or false.
  5.  The new attorney will work mainly with manufacturing companies.
  6.  The job does not involve representing clients in dispute.
  7.  Knowledge of loan agreements is not necessary.

Smith & Stanwell ATTORNEYS

seek a business attorney

to join our team

The candidate must have extensive knowledge of legal contracts.

Our firm works with many manufacturers. You must be able to draw requirements contract and a distribution agreement. Often, clients seek a standard agreement of sale, but a severable contract may be needed as well. Further, you must be able to recognize an adhesion contract or a breach of contract and fight for our clients if they have been wronged. This includes implied contracts.

It will be up to you to maintain and update contracts of employment, to guarantee that our clients are following all legal guidelines. Some companies may require a bilateral contract or a unilateral contract when working with outside agents.

Finally, you must have the financial and legal knowledge to clients with business loan agreements.

Send your résumé to the address below.

Smith and Stanwell * 105 Mountain Ave. * Pelton, WI 53274

  1.  Match the words (1-6) with the definition (A-F).

1 ___ agreement of sale

2 ___ implied contract

3 ___ loan agreement

4 ___ contract of employment

5 ___ bilateral contract

6 ___ unilateral contract

A.   a legally binding agreement between employers and employees

B.   a document that details the terms and conditions of a purchase

C.   an agreement for one party to pay for another’s party work

D.   a contract with terms that have not been explicitly stated or written

E.   a contract between a lender and a borrower

F.   a contract in which both parties exchange promises to perform certain things

  1.  Look  at  the  following  paragraphs, and decide what kind of contract is being described or talked about. Underline the key words and expressions that helped you to identify the subject of each paragraph.     

    Kinds of contract:

  •   loan agreement (APR – annual percentage rate; the interest that has to be paid)
  •   an unspoken (implied or understood contract between a shop and a customer)
  •   a tenancy (agreement) (pcm – per calendar month)
  •   franchise agreement (between a franchiser – people who license a franchise – and a franchisee – the people who run the franchise)
  •   employment contract (full-time)
  •   terms and conditions of sale (purchase agreement)
  •   a verbal contract (that has gone through the offer, acceptance and consideration stages) 

1. I went into the supermarket and chose the items that I wanted. As soon as my basket was full, I headed for the checkout.

2. My cousin Bob said he was going to get rid of his computer and buy a new one. I said that I needed a computer and suggested I bought his old one. Anyway, we agreed on a price, I gave him a £50 deposit, and agreed to pay the balance in installments over the next three months. I’m going round to collect the computer this evening.

3. The property is unfurnished, and the rent is £650 pcm, which has to be paid monthly in arrears. Electricity, gas and phone bills are extra. There’s a communal garden and a communal parking area, for which I also have to pay a nominal maintenance fee. The landlord is responsible for any repairs to the property. I’m not allowed to sublet at any time. I’ve signed the lease for 18 months.

4. We’re opening our own branch in the town centre next week. The deal is fairly simple: we get the right to use the company’s name, their trademark, their trade names and products, wear their uniforms and use their stationery. They also provide our staff with all the necessary training, give us invaluable managerial assistance and provide advertising materials. In return, we have to meet specific requirements, such as quality of service, maintaining good customer relations, and following the company’s standard procedures. Oh, and buy all the products we sell from them, naturally.

5. The total amount you are borrowing is £9,000 at an APR of 6.6%. Repaid in monthly installments over 3 years, this gives you a monthly repayment figure of £275.46, totaling £9,916.56. You have opted out of the repayment protection premium scheme. If you wish to make an early settlement, the figure above will be recalculated accordingly. As soon as you sign a form, your funds will be released into your bank account. Please note that penalties will be applied if you default on repayments.

6. This appointment is for a period of two years, following a 4-week probationary period. Your remuneration package includes an annual gross salary of £32,000. You are entitled to sick pay and 6 weeks annual leave after you have been with us for 3 months. Your hours of work are 9 to 5 Monday to Friday, although you may be asked to work overtime during busy periods. The company has its own medical and pension schemes which you may join.

7. The total cost is £2,870, which is payable in full before the goods can be dispatched. Alternatively, we can arrange credit terms, which are interest-free for the first six months. All goods are covered by the manufacturer’s warranty, which is valid for one year. If you are not happy with your merchandise, it can be returned for an exchange or full refund (but please note that this is valid for 28 days only, and we will need to see your receipt or other proof of purchase).

  1.  Listen to a conversation between a client and a legal assistant. Mark the following statements as true (T) or false (F).

1 __ The client wants to discuss two different matters.

2 __ The client wants to sever an implied contract.

3 __ The assistant has confirmed an appointment with the attorney.

  1.  Listen again and complete the conversation.

Assistant: Sure. What is this 1 ____________ ?

Client: I need to have some legal contracts 2 _________ _________ .

Assistant: Okay. Are there any details that I should give her 3 ________ ?

Client: We need 4 _______ ________ for one of our partners. We’ve been working with an implied contract.

Assistant: I’ll 5 ________ _________ _________ .

Client: And I’m afraid that one of our other partners may be in breach of contract.

Assistant: That’s too bad. I’ll tell her that.

Client: Does she have any 6 ________ _________ this week?

Employment Law

  1.  Study the information from the website and do the activity after it.

 Our Employment Law Department is a specialist team. We advise on relevant law, employment policy and procedure, and the formation of employment contracts. We assist in the negotiation and settlement of disputes, and take or defend proceedings before an Employment Tribunal or in a civil court.

Employment law usually involves a mixture of contractual provisions and legislation regulating the relationship between employer and employee, and governing labour relations between employers and trade unions, for example with regard to collective agreements and collective bargaining about conditions of work. Developments in case law and changes to legislation, for example from the implementation of European Community directives, affect employers and employees alike. The practice of living and working in different jurisdictions means that lawyers also have to refer to international conventions to establish legal requirements.

The main statutory rights of employees include entitlement to:

  •  a national minimum wage;
  •  equal pay for like work, that is, broadly similar work;
  •  a written statement of employment particulars;
  •  an itemized pay statement;
  •  time off and holidays;
  •  statutory sick pay;
  •  a healthy and safe working environment;
  •  family and parental leave;
  •  protected rights on transfer of business to another employer;
  •  notice of termination of employment;
  •  not to have unlawful deductions from wages;
  •  not to be discriminated against on grounds of race, disability, religion, age, part-time or fixed term employment.

Vocabulary

formation of employment contracts составление трудовых договоров

settlement of disputesразрешение спора

Employment Tribunalсуд низшей инстанции по трудовым спорам

contractual provisionsположения договора

employerработодатель

employeeработник

labour relationsтрудовые отношения

trade unionпрофсоюз 

collective agreementsколлективные соглашения

collective bargainingпереговоры между предпринимателями и профсоюзами (об условиях труда, заработной плате)

directiveраспоряжение, инструкция

statutory rightзаконное право

entitlement toправо на что-либо

wageзаработная плата

pay statement – платежная ведомость

time off – отпуск

sick payпособие по болезни

leave – отпуск, увольнение, уход

notice of termination of employmentуведомление о прекращении договора

unlawful deductions – незаконные вычеты

fixed termфиксированный срок

  1.  Make word combinations from the first text using words from the box. Then use appropriate word combinations to complete the definitions below.

employment   bargaining     fixed    tribunal    collective    relations   sick

trade   employment    union    particulars    time   labour   pay   off   term

  1.  ________ _______  salary paid when an employee cannot work because of illness.
  2.  _______ ________  restricted period of employment set out in contract.
  3.  _______ ________  organization which represents the workers, who are its members, in discussions of pay and working conditions with their employer.
  4.  _______ ________  specialist court dealing in disputes between employers and employees.
  5.  _______ _______  written details of a position in a company.
  6.  _______ _______  negotiations between an employer and a trade union on terms and conditions of employment and work.

  1.  Study the text and do the activities after it.

CONTRACTS OF EMPLOYMENT

It is usual practice for employers and employees to enter into a written agreement which sets out their respective obligations and rights, and which constitutes a contract of employment, either at the commencement of employment or shortly before. Clauses in the contract generally deal with pay, deductions, hours of work, time off and leave, place of work, absence, confidentiality, restrictions on the actions of an employee once employment is ended (known as a restrictive covenant), giving notice, the grievance procedures in the event of job loss, and variation of contract (meaning parties may agree to vary terms of the contract but terms cannot be unilaterally varied, that is, by one party without agreement).

Employers are bound by the employment contract and statutory regulation as to how they may deal with employees, particularly in relation to the termination of employment. Failure to observe such obligations and regulations may give rise to a claim for wrongful dismissal (where the employer is in breach of contract), unfair dismissal (where the employer has not followed a fair dismissal and disciplinary procedure before terminating the contract), or constructive dismissal (where an employee resigns because of the conduct of his employer). Gross misconduct by the employee, for example theft from the employer, may result in summary, that is, immediate, dismissal. In other circumstances, the employee may be made redundant, for example if the employer has ceased to carry on business.

Vocabulary

contract of employment – трудовой договор

commencement – начало 

restrictive covenant – ограничительное условие

giving noticeделать предупреждение 

grievance proceduresпроцедура разрешения трудовых споров

variation of contractизменение договора

unilaterally variedизмененный в одностороннем порядке

wrongful dismissalнеправомерное увольнение

unfair dismissalнесправедливое увольнение

constructive dismissalконструктивное увольнение

to resignуходить в отставку, увольняться

gross misconductгрубое, серьезное нарушение

dismissalувольнение, отставка, сокращение

made redundantпринять решение об увольнении

  1.   A lawyer is giving advice to a client about an employment contract over the phone. Replace the underlined words and phrases with alternative words and phrases from the text. There is more than one possibility for one of the answers.

I’ve looked through the contract and it seems satisfactory in relation to (1) the period of warning that the contract is going to end. However, I think you should look for some adjustment on the (2) clause preventing you working in the same field for three years after  you’ve left the company. Other than that, the terms relating to being (3) let go by the  company if it fails and (4)  being removed from the job, with the related (5) procedure for making a complaint and (6) changes being made to your work, are quite straightforward.                                                                                                                            

  1.  Below is an extract from a skeleton contract of employment for a full-time employee. The key word / phrase from each section has been removed. Complete the text using the words / phrases from the box.                                                                                                                 

commencing salary     date of commencement        duties and responsibilities

grievance           holiday entitlement          notice          pension

position       probationary service        sickness pay         terms and conditions

1. You have been appointed to the position  of administrative assistant.

2. Your ____________ will be detailed in the attached Job Description, but this Job Description should not be regarded as exclusive or exhaustive. There will be other occasional duties and requirements associated with your appointment.

3. The ___________ of your continuous service with this company is 1 January 2002.

4. Your specific ____________ are contained in the Employees’ Handbook issued by the company, as well as in existing collective agreements negotiated by this company.

5. Confirmation of your appointment will be subject to your satisfactory completion of 3 months ___________________.

6 Your ________is £20,000 per annum, paid monthly in arrears. Overtime is not payable.

7. Your entitlement is 30 days in any calendar year.

8. Your annual  is 25 days which cannot be carried over.

9. The minimum period of ______________ to which you are entitled is 3 months.

10. Your position with regard to   is set out in the explanatory booklet attached.

11. If you have a relating to your employment, you should refer to the complaints procedure outlined in the booklet attached.

6.  Look at the following contract and decide if the contract is obligatory for both contracting parties? Define four elements of the contract.

  1.  competent parties  __________________________________________
  2.  subject matter  _____________________________________________
  3.  legal consideration  _________________________________________
  4.  mutuality of agreement and obligation__________________________

BILL OF SALE

Dated:

_______________ , referred to as “SELLER”, sells, bargains and conveys all of SELLER’s rights, title and interest in:

Make: ___________________________________

Model: __________________________________

Style of the vehicle: ________________________

Year of vehicle: ___________________________

Vehicle Identification number (VIN): __________

to __________________ , referred to as “BUYER”, his heirs and assigns.

____________________ acknowledges receipt of a total of $ ______________

( __________________________________________________________     &

no/100 Dollars) from ________________

BUYER, in partial payment of the agreed total sales price of $ _______________ ,

( _________________________________________________ & no/100 Dollars) .

________________________________________ , SELLER, shall remain fully liable for any undisclosed liens or encumbrances. SELLER, _________________ , warrants that there are no liens or encumbrances on the goods sold, and that ______________ ‘s title to the goods is clear and merchantable.

______________ SELLER, shall defend __________ from any advance claims to SELLER’s title to the goods sold.

The goods sold herein are not sold by a merchant in the field. THESE GOODS ARE SOLD WITHOUT U.C.C. WARRANTY OF ANY KIND, including MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The BUYER, _______________ , acknowledges examining the goods sold herein. The provision may be applicable, and legal rights may vary between states.

The parties agree to the terms and conditions stated herein:

_____________________________ , SELLER (signature)

___________________ (typed name)

_____________________________ , BUYER (signature)

___________________ (typed name)

Establishing a Basis for Communication                          Unit 5

Chairing a Formal Meeting

  1.  Study the information and do the activities after it.

Board meetings

Board meetings are attended by the directors of the company. Day to day business decisions are usually taken at board meetings. Matters to be decided upon are put to the meeting in the form of “resolutions”. Whether or not a resolution is passed depends on whether the majority of votes are in favour of or against that resolution. In other words the decision is made by a simple majority. Multi-national companies with directors located internationally often stipulate in their articles that board meetings may be validly held by means of telephone or audio-visual conferencing as well as via the internet.

Any director can call a board meeting on reasonable notice to all the other directors. Board meetings are therefore often convened at short notice. A written record is made of matters discussed and of resolutions considered at a board meeting. This record is known as the “minutes” of the meeting.

Vocabulary

board meetingсобрание членов правления

day to day business decisions – ежедневные решения

resolutionрезолюция, решение

majority of votesбольшинство голосов

to be in favourбыть в пользу чего-либо

multi-national companyмеждународная компания

to stipulateоговаривать, договариваться

validly  правомерно

noticeизвещение, объявление, уведомление, записка

minutes – протокол совещания (собрания)

2. Complete the minutes of the company’s first board meeting by selecting the most appropriate word from the list below to place in each correspondingly numbered space in the draft minutes.

1. (a) restitution (b) resolution (c) resolved (d) determined

2. (a) employed (b) appointed (c) selected (d) commissioned

3. (a) classified (b) head (c) disclosed (d) registered

4. (a) given (b) indicated (c) presented (d) represented

5. (a) collated (b) convened (c) assembled (d) accumulated

6. (a) given (b) provided (c) catered (d) supplied

7. (a) intentions (b) goals (c) resolve (d) resolutions

8. (a) declared (b) proclaimed (c) affirmed (d) publicised

MAPLINK LIMITED

Minutes of the first meeting of the board of directors of Maplink Limited  (“the company”).

Present: Thomas Shapiro, Dimitris Yavaprapas

In Attendance: Gisela Wirth

1. Thomas Shapiro and Dimitris Yavaprapas accepted office as directors of the company. It was resolved that Thomas Shapiro be appointed Chairman of the board.

2. It was [1] ____   that Thomas Shapiro be appointed solicitor.

3. It was resolved that Gisela Wirth be [2]  ____ secretary of the company.

4. It was resolved that the [3] ____ office be at 168 Hanover Square, London.

5. It was resolved that the quorum necessary for the transaction of the business of the directors should be two directors personally present.

6. A draft notice of an extraordinary general meeting of the company was [4] ___ to the meeting and approved. It was further resolved that such meeting be [5] ___ and that notice of this be [6]  ___ forthwith to the shareholders.

7. The meeting  thereupon  adjourned. Upon resumption it was reported that the [7] ___ set out in the notice of the extraordinary general meeting had been passed respectively as ordinary and special resolutions of the company.

8. Upon there being no further competent business the meeting was then [8] ____ closed by the Chairman.

Chairman       

      

  1.  Complete the following notice of the shareholder’s meeting, filling in the blanks by selecting the appropriate words from the list below.

resolutions     convened       passing        Notice      for the purpose of

vote        member        appointed        special       Travelgraph

NOTICE OF EXTRAORDINARY GENERAL MEETING

MAPLINK LIMITED

(“The Company”)

1 __________  is hereby given that an extraordinary general meeting of the Company will be held at 40 Princess Diana Walk, South Kensington, London on 10 May 2010 at 11.00 a.m. 2__________ considering and if thought fit 3 __________ the following 4 __________ respectively as ordinary and 5 __________ resolutions of the Company.

ORDINARY RESOLUTION

That Kadir Salleh be 6 __________ a director of the Company.

SPECIAL RESOLUTION

That the name of the Company be changed to 7 __________ Limited

By order of the Board

Gisela Wirth

Secretary

Date: 12 April 2010

Registered office: 44 Princess Diana Walk, South Kensington, London.

Note: A shareholder entitled to attend and vote at the meeting 8 ___________ by the notice set out above is entitled to appoint a proxy to attend and 9 ___________ in his place. A proxy need not be a 10 __________ of the Company.

Negotiation Styles and Strategies

1. Comment on the following statement: “Knowing how to negotiate to solve problems, make deals, build consensus, avoid violence, and manage intractable disputes is a competency that is vitally needed in the world”. Make arguments to support your ideas.

  1.  Read the text and say if you agree or disagree with the statements below.
  2.  Negotiation is the deliberation which takes place between the parties touching a proposed agreement.
  3.  Negotiation is a dialogue between two or more people or parties working in business.
  4.  Professional negotiators are intended to identify the other side’s game plan.
  5.  To become a better negotiator, a crucial first step is to understand strategies and styles.

Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy various interests of two people/parties involved in negotiation process. Negotiation is a process where each party involved in negotiating tries to gain an advantage for themselves by the end of the process. Negotiation is intended to aim at compromise.

Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life. Professional negotiators are often specialized, such as union negotiators, leverage buyout negotiators, peace negotiators, hostage negotiators, or may work under other titles, such as diplomats, legislators or brokers.

Three basic kinds of negotiators have been identified by researchers involved in The Harvard Negotiation Project. These types of negotiators are: Soft bargainershard bargainers, and principled bargainers.

Soft. These people see negotiation as too close to competition, so they choose a gentle style of bargaining. The offers they make are not in their best interests, they yield to others’ demands, avoid confrontation, and they maintain good relations with fellow negotiators. Their perception of others is one of friendship, and their goal is agreement. They do not separate the people from the problem, but are soft on both. They avoid contests of wills and will insist on agreement, offering solutions and easily trusting others and changing their opinions.

Hard. These people use contentious strategies to influence, utilizing phrases such as “this is my final offer” and “take it or leave it”. They are distrustful of others, insist on their position, and apply pressure to negotiate. They see others as adversaries and their ultimate goal is victory. Additionally, they will search for one single answer, and insist you agree on it. They do not separate the people from the problem (as with soft bargainers), but they are hard on both the people involved and the problem.

Principled. Individuals who bargain this way seek integrative solutions. They focus on the problem rather than the intentions, motives, and needs of the people involved. They separate the people from the problem, explore interests, avoid bottom lines, and reach results based on standards (which are independent of personal will). They base their choices on objective criteria rather than power, pressure, self-interest, or an arbitrary decisional procedure. These criteria may be drawn from moral standards, principles of fairness, professional standards, tradition, and so on.

Vocabulary

negotiation – переговоры

negotiator – лицо, ведущее переговоры, посредник

to bargain – заключить сделку, торговаться

bargaining – переговоры / ведение переговоров / заключение сделки

to gain advantage – взять превосходство

outcome – исход, итог, результат

leverage buy-out – покупка контрольного пакета акций корпорации с помощью кридита

hostage negotiator  участник переговоров об освобождении заложников 

to involve – привлекать, вовлекать, втягивать

to occur – происходить, случаться, совершаться

perception – восприятие

to yield – соглашаться, принимать, приводить

to avoid  избегать

to maintain – поддерживать, сохранять, защищать, отстаивать

to trust  доверять

contentious – дискуссионный, спорный

to insist – настаивать

adversary – оппонент, враг, противник

to seek  искать

to be distrustful – быть недоверчивым

  1.  Study the information and do the activities after it.

Negotiation Strategies:

Distributive Negotiation — Working for only your best interests while disregarding the interests of anyone else involved.

Integrative Negotiation — Exploring the interests of all parties involved so that together you can discover solutions that create value and strengthen relationships.

Mixed-Motive Negotiation — Expanding the pie and attempting to meet as many needs as possible while at the same time claiming a piece for yourself.

Negotiation styles

R.G. Shell identified five styles/responses to negotiation. Individuals can often have strong dispositions towards numerous styles; the style used during a negotiation depends on the context and the interests of the other party, among other factors. In addition, styles can change over time.

  •  Accommodating: Individuals who enjoy solving the other party’s problems and preserving personal relationships. Accommodators are sensitive to the emotional states, body language, and verbal signals of the other parties. They can, however, feel taken advantage of in situations when the other party places little emphasis on the relationship.
  •  Avoiding: Individuals who do not like to negotiate and don’t do it unless warranted. When negotiating, avoiders tend to defer and dodge the confrontational aspects of negotiating; however, they may be perceived as tactful and diplomatic.
  •  Collaborating: Individuals who enjoy negotiations that involve solving tough problems in creative ways. Collaborators are good at using negotiations to understand the concerns and interests of the other parties. They can, however, create problems by transforming simple situations into more complex ones.
  •  Competing: Individuals who enjoy negotiations because they present an opportunity to win something. Competitive negotiators have strong instincts for all aspects of negotiating and are often strategic. Because their style can dominate the bargaining process, competitive negotiators often neglect the importance of relationships.
  •  Compromising: Individuals who are eager to close the deal by doing what is fair and equal for all parties involved in the negotiation. Compromisers can be useful when there is limited time to complete the deal; however, compromisers often unnecessarily rush the negotiation process and make concessions too quickly.

  1.  Match the negotiation styles with their descriptions.
  1.  Competitive Style

  1.  Making concessions to come to an agreement by meeting in the middle.
  1.  Accommodative Style

  1.  Attempting to gain the most at any cost.
  1.  Avoiding Style

  1.  Exploring the interests of both sides and inventing new ways to expand the pie in order to reap maximum gain for both parties.
  1.  Compromising Style

  1.  Yielding to the other side no matter how it hurts your cause.

    5. Collaborative Style

  1.  Trying to evade all negotiation situations.

  1.  Study the language for negotiating and do the activities.                     

SUGGESTED LANGUAGE

Opening

Good morning. I am . . . and this is my colleague Mr/Miss/Ms/Mrs . . .

Setting an agenda

Are we agreed that today’s meeting should be used to cover the following …? /  We would like to use this meeting to . . . [e.g. explore each other’s position, exchange information].

Possible response: Yes, we’d like to exchange views, but I think we’d like to move towards an agreement on some of the issues.

Opening the discussion

Perhaps we could start with the issue of . . . /  There are three/several/a number of points I’d like to make./ Perhaps you’d care to give us your thoughts on this matter.

Investigating options 

How do you see this matter?  / … Right, I think we are clear on how we both see the position.  / Another way of looking at this question might be . . .

Asking for an opinion 

What’s your position/view on . . . / How do you see this issue?

Giving an opinion 

I believe / think / feel that …  / My view is . . . .  / It is clear that . . .

Stating a position 

Our position on this issue is that … / We believe / think . . .  /  We are approaching this question on the basis that . . .  

Putting forward a legal analysis

Our analysis of the law relating to this matter is that . . . /  The law is very clear on this issue. It says that . . .

Making offers and concessions We are prepared to make an offer in the following terms to settle this matter . . .

Rejecting an offer and making a counter-offer 

I’m afraid that is out of the question ... /  We are unable to accept that.

We can’t accept that proposal in its current form. However, we would accept …

Offering a compromise

We are prepared to . . . , on condition that …  /  We might agree to . . . if you accept that . . .

Agreeing

I think we are in agreement on that. / Yes, we take the same view on that issue. I would tend to agree with you on that. / I basically agree. However, have you taken into account the fact that … / There’s some truth in what you say, but. . .  

Disagreeing [politely] That’s not a view I share, I’m afraid. / With all due respect I must disagree.

 Accepting an offer We would be more than happy to accept that . . . / Yes, I think we are prepared to accept that . . .

Refusing an offer No, I’m afraid that’s totally unacceptable. / No, we can’t accept that offer. / Unfortunately, we are unable to accept that. /  I’m afraid I don’t have authority to accept that without checking with . . . /  I’ll need to discuss that with . . . and get back to you. We’ll have to think a bit more about that and get back to you.

Making recommendations, proposals, and suggestions

I recommend / suggest / propose that . . . / Can I suggest something? /  What if . . .

Expressing support

I’m in favour of . . . /  I like that idea. Tell me more about it.

Expressing opposition

I can see many problems in adopting this. /  I’m not sure how realistic this proposal is.

Reaching an agreement 

OK, we are in agreement that . . . / We have agreed on the following . . .

/ We seem to be in agreement on all major points.

Closing the negotiation OK, I think we’ve done as much as we can today. Let’s adjourn to . . . We seem to have reached deadlock today. Let’s wrap this meeting up.

Concluding

In conclusion, I would like to say . . . / I’d like to finish by saying …

It’s been a pleasure doing business with you.

  1.  Study the information and prepare to negotiate at the meeting on behalf of Travelgraph Limited by completing the negotiation plan. Use the phrases given above.

An ordinary resolution has now been passed to remove Kadir Salleh from the board of directors. In response, Kadir has appointed a firm of lawyers to represent his interests. This firm has sent a letter of claim to Travelgraph Limited intimating that they intend to issue legal proceedings on Kadir’s behalf for breach of contract unless satisfactory proposals for payment of compensation are made by Travelgraph forthwith. A meeting for a “without prejudice” discussion between the parties has therefore been scheduled to take place at Stringwood & Evans’ office tomorrow morning.

NEGOTIATION PLAN

Before engaging in negotiation on behalf of your client consider the following:

  1.  The client’s aims / goals.
  2.  The opponent’s likely aims / goals.
  3.  Specific strengths in your client’s case.
  4.  Specific strengths in your opponent’s case.
  5.  Specific weaknesses in your client’s case.
  6.  Specific weaknesses in your opponent’s case.
  7.  Your strategy for achieving your client’s objectives.

  1.  In pairs, now try role-playing the negotiation between Travelgraph’s lawyer and Kadir Salleh’s lawyer. One of you should play the role of Travelgraph’s lawyer and the other the role of Kadir Salleh’s lawyer.

IF YOU ARE ACTING FOR TRAVELGRAPH LIMITED

The board is anxious to reach an amicable settlement if possible in order to avoid protracted proceedings in court. In addition to the potential expense of such proceedings, the board is concerned that a court case will attract unfavourable publicity which would adversely affect the company’s reputation and sales. Travelgraph’s profit forecast is poor for the coming year. The shareholders believe that Kadir Salleh is at least to some extent to blame for this. The Company is not therefore prepared to offer compensation amounting to three years earnings. It will nevertheless offer a reasonable amount, the board being keen to avoid a court case if at all possible for the reasons set out above. The company would however require a confidentiality clause to be included in any agreement reached, prohibiting Salleh from publicly disclosing the terms of the settlement. The Company would be prepared to provide a favourable reference if this concession resulted in a satisfactory resolution of the whole matter.

IF YOU ARE ACTING FOR KADIR SALLEH

Kadir Salleh is in financial difficulties and is anxious to reach an agreement rather than incur the time and cost of court action. He is however prepared to pursue litigation if a reasonable settlement cannot be achieved.  Kadir has been in discussion with a competitor since he has felt insecure for some time at Travelgraph, the other directors having been unfriendly to him recently. He has not as yet made any firm commitment to join any other company. He accepts that his work performance has been poor recently due to his financial worries (caused by recent heavy gambling in London casinos). He is therefore prepared to compromise over the amount of compensation he will settle for. He is insistent however that the company provides him with a favourable reference, this being important to him in seeking alternative employment. He would be prepared to sign a confidentiality clause if Travelgraph insists on this as a term of settlement.

The Content of Legal Correspondence

1. Read the text about letter-writing style and match the headings

(A-C) with the paragraphs (1-3) they belong to.

  1.  Structure
  2.  Tone
  3.  Planning

LETTER-WRITING STYLE

1. The main aims of legal correspondence in all cases are clarity and accuracy. However, the style of correspondence will differ slightly according to whom the correspondence is being written for. When writing to another lawyer, the writer can assume that legal jargon and terms of art will be understood and do not need to be explained. When writing to clients and other third parties, this assumption cannot be made. Care should be taken to explain legal technicalities in terms that a layperson can understand. In all cases, start by thinking about what you are going to say and how you are going to say it.

   2. The most important thing to remember when writing a letter or email is to consider the reader. The content and style of your letter or email will be affected by the following considerations:

First paragraph 

The opening sentence or paragraph is important as it sets the tone of the letter and creates a first impression.

If you are replying to a previous letter, start by thanking your correspondent for their letter: Thank you for your letter of 5 May 2006. 

If you are writing to someone for the first time, use the first paragraph to introduce yourself, the subject of the letter, and why you are writing: We act on behalf of Smith Holdings Ltd and write concerning …………. .

Middle paragraphs

The main part of your letter will concern the points that need to be made, answers you wish to give, or questions you want to ask. The exact nature of these will depend very much on the type of letter being written.

Final paragraph

At the end of your letter, if it is to a client or to a third party, you should indicate that you may be contacted if your correspondent requires further information or assistance. If appropriate, you might also indicate another person in your office who may be contacted if you are absent. It is not usual to do this in a letter to another lawyer acting for another party in a case, however. Here is an example of a typical letter ending: Please do not hesitate to contact me, or my assistant, John Bowles, if you require any further information or assistance.

3. It is important to try to strike the right tone in your letter. The right tone in most cases is one of professional neutrality. On the one hand, you should avoid pompous, obscure language. On the other hand, you should avoid language that is too informal or colloquial. At all times, and particularly when writing to parties on the other side of a case from your client, you should avoid any tinge of personal animosity. When seeking the right tone, certain things should be avoided:

1. Contractions. A contraction is when a word is shortened using an apostrophe, for example, “I can’t and I won’t”. This is too informal for most legal contexts.

2.  Slang. This should be avoided: because using it is unprofessional and because it may not be understood. Always use the correct, formal term.

3. Expressions, proverbs, common metaphors. Again, these are both unprofessional and may not be understood.

Vocabulary

legal correspondenceюридическая корреспонденция

clarityчеткость, ясность, понятность

accuracyточность, аккуратность

to assumeдопускать, предполагать

legal technicalitiesюридическая специальная терминология

to considerрассматривать, считать

to replyотвечать

correspondent – корреспондент, лицо, с которым ведется переписка

obscureнепонятный, неясный

tingeоттенок, тон

animosity – враждебность, вражда

2. Read the text and do the activities after it.

INTRODUCTION TO EMAILS

Each email contains two main parts. The first part of an email is the heading, including:

To: (who it is addressed to)

From: (who it is written by)

Subject: (a short content of the email)

Cc (carbon copy)*

Bcc (blind carbon copy)**

The second part of an email is the main part, including:

  •  Salutation
  •  Opening sentence (explains the reason of writing an email)
  •  Main part
  •  Conclusion
  •  Close salutation

It is often thought that emails are a less formal medium than letters. This is true up to a point, but may be a dangerous belief for lawyers. Do not allow the informality of writing emails to lead you to forget the importance and possible sensitivity of the information you may be communicating.

Email writing style

Email is a relatively recent development, and because it is perceived as a quick and informal means of communication, people are often unclear about the style and conventions they should use in business situations.

Remember that an email is just as permanent as a letter and may be printed out and referred to in the future. In legal work it should follow the same principles as any other form of business correspondence.

Write a clear and informative heading in the subject line. Avoid leaving the subject line blank or writing uninformative headings (“Hi”, “Hello”, etc.) as this will increase the chances of the email being regarded by the recipient as possible spam or virus mail and thus being deleted.

In general, email messages follow the style and conventions used in letter or faxes. For example, you can use salutations such as Dear Mr Archer or Dear Gerald, and complimentary closes such as Yours sincerely or Best regards. However, if you know the recipient well, or if you are exchanging a series of messages with one person, you may dispense with the salutation and complimentary close altogether.

Make a clear mental division between personal messages and messages written in the course of legal work. In a message written in the course of legal work, the same rules of writing apply as for a letter: write clearly, concisely, pay attention to the accuracy of factual information and legal advice given, and observe high standards of professional courtesy; consider audience, purpose, clarity, consistency and tone.

Use correct grammar, spelling, capitalisation and punctuation, as you would in any other form of correspondence.

Do not write words in capital letters in an email message. This can be seen as the equivalent of shouting and therefore have a negative effect. If you want to stress a word, put asterisks on each side of it; for example, “urgent”.

Keep your email messages short and to the point. People often receive a lot of emails at work, so conciseness is especially important.

In general, limit yourself to one topic per message. This helps to keep the message brief and makes it easier for the recipient to answer, file, and retrieve it later.

Check your email message for mistakes before you send it, just as you would check a letter or a fax message.

*carbon copy – копия

**blind carbon copy – скрытая копия

3. Answer the following questions.

1. What is email?

2. What do you think of this way of communication?

3. How often do you write emails?

4. What are the rules of writing emails?

 

  1.  Match the words and phrases from the letter with the synonyms.
  2.  apart from                                      a. for now
  3.  for the rest of                                  b. changed
  4.  enclosed                                          c. besides
  5.  further                                             d. for the remainder of
  6.  for the time being                            e. additional
  7.  amended                                          f. together with the letter

  1.  Match English phrases with their Russian equivalents.

Making an enquiry

  1.  We would be grateful if you could send us …
  2.  With reference to …
  3.  We would be very interested in receiving further information about …
  4.  Following your advertisement in …
  5.  I am writing with reference to your …

Replying to an enquiry

6. Please find enclosed

7. Thank you for your letter of 21st February in which you expressed an interest in our …

Запрос информации

а) Я пишу по поводу …

в) Мы будем вам признательны, если вы вышлете нам …

c) В связи с вашим сообщением в …

d) Мы желали бы получить дополнительную информацию относительно …

e) Касательно …

Ответ на запрос информации

  1.  Мы вас благодарим за ваше письмо от … где вы проявили интерес к нашим …
  2.  Вы найдете в приложении …

  1.  All emails can be divided into two groups: formal and informal emails. Study the table below and do the activities after it.

Formal emails

Salutation:

When you don’t know the name:

Dear Sir or Madam

To whom it may concern

When you know the name:

Dear Mr, Mrs, Miss, Ms*

When writing to a group:

Dear all

Opening sentence:

I’m writing: to inform / to confirm

/ to request / to update you

This is to let you know / to thank you

Main part:

I would like to …

Please find the requested information

attached.

We hope you …

I do apologize for …

We regret to inform you…

Could/Can you please send me…?

We are working on your request …

Conclusion:

I look forward to/Looking forward to …

Do not hesitate to contact us if you need any assistance.

I’d appreciate a reply asap.

Close:

Yours sincerely.

Best regards.

Regards.

Best wishes.

Informal emails

Salutation:

When you don’t know the name:

Hello

[no salutation]

When you know the name:

John/Mary etc.

[no salutation]

When writing to a group:

Hi everyone

Opening sentence:

How are you?

How’s it going?

Just a quick note to tell …

Just a short email to get in touch …

Writing to help …

Main part:

Re your email, I …**

I’m sorry, but

Thanks for …

Here’s the low-down on …

You’ll be happy to hear …

Conclusion:

Please answer asap***

Feel free to get in touch with any questions.

Have a nice day/weekend.

Hope to hear from you soon.

Close:

All the best.

Best.

See you.

Take care.

Bye.

[just the name or initials]

* Mr – господин

Mrs – госпожа (обращение к замужней женщине)

Miss – госпожа (обращение к незамужней женщине)

Ms – госпожа (обращение к женщине, семейное положение которой не уточняется)

** re – referring to

*** asap – as soon as possible

  1.  Study the emails. Decide which one is a formal email.

Jeremy

Rachel

Michael

Dear Sir/Madam

Dear Mr Spencer

Dear Henry

Thanks for.

Thank you for.

I would like to thank you for.

Please find enclosed.

We are pleased to enclose.

Attached is.

I shall be pleased to send you a copy…

Should you require a copy, we shall …

If you want, I can send you …

Should you require any further information…

If you require any further information…

Want you more information …

Just call.

Please do not hesitate to contact us.

I can send it.

Can you …

Could you please …

I would be grateful if you could …

I’ll see you on Friday.

We look forward to seeing you on Friday.

I look forward to seeing you Friday, then.

Soon

 in the near future

Shortly

Yours sincerely.

Yours faithfully.

Best regards.

  1.  Listen and read the email from a legal assistant to an attorney. Mark the following statements as true (T) or false (F).  
  2.   Mr. Truesdale sent the request for admissions and the interrogatory.
  3.   Mr. Peterson’s physical examination will not be performed by his doctor.
  4.   A trial date has not been set for the case.                                                                                  

To: Alice White

From: Asa Pine

Subject: Discovery Documents for the Peterson Case

Date: May 24

Dear Alice,

We are in the discovery stage for the Peterson case. I sent a request for production of documents to Mr. Truesdale, the opposing attorney. He quickly provided the information and he also sent the completed interrogatory. The request for admissions will be sent to us next week.

Mr. Peterson’s conversation with his doctor are privileged. Because of this, Mr. Truesdale has made a request for a physical examination. The date and time of the appointment and name of the independent doctor are on the request. A mental examination has not been requested yet.

In addition, he asked whether Mr. Peterson will consider an out-of-court settlement. He asked if you would contact him about this before a trial date has been set.

Finally – do we need to issue a subpoena to the witness in this case? Please let me know so I can request one from the clerk of the court if necessary.

Regards,

Asa

  1.  Listen and read the text again. In three sentences summarize the email.

10. Complete this letter from Alex Paine to his client with appropriate phrases. There is more than one possibility for three of the answers.

  •  previously discussed
  •  I should/would be grateful if you could
  •  I am pleased to enclose / Please find enclosed
  •  Please let me know if you have any particular concerns / please let me know if we can be of further assistance / if you have any questions, please do not hesitate to give me a call
  •  I look forward to hearing from you (shortly / as soon as possible) / I look forward to our meeting

        Dear Gordon

  1.  ______________________ (state the reason for writing) the Agreement in respect of the above which has now been agreed by Ltd’s solicitors. This has not changed since the last version sent to you by email. As  (2) _________________ (refer to previous contract) please note in particular details concerning employees in Schedule 5. I don’t think there are any surprises there but (3) _______________ (offer further assistance).

If you are happy with the same, (4) ________________ (refer to the next step) arrange for the Agreement to be executed on behalf of Lincoln James Ltd where indicated. Please bring the executed Agreement along to our meeting on Monday 11th.

(5) ________________________ (ending phrase).

Kind regards,   Alex Paine     

 

11. Cathy O’Brien replies to Thierry’s email. Put the sentences in the correct order.

Dear Mr. Schwarz

A    Perhaps I could suggest a compromise here?

B  I am happy with the suggested amendments to clauses 1.2.and 4.5.

С  Please  let  me know  if this might  be  possible.

  1.  It would also give me an extra month in which to take it.

E  As it stands, I would still risk losing up to eight days’ leave a year.

F.  Thank you for sending me the contract amendments yesterday.

G Furthermore, I would have to take any unused  leave by the end of  February.

H   Would you agree to ten days, to be taken by the end of March?

I  This would guarantee me a minimum of 25 days’ leave.

J However, I am a little concerned about the leave entitlement clause.

Kind regards,

Cathy O’Brien

                                                                                                                                 

Dealing with People                                                          Unit 6                                                                                           

 

 Interviewing and Advising: Suggested Language

                                                            

1. Read the text. Do the activities after it.

INTERVIEWING AND ADVISING

Interviewing is an important means of communication between a lawyer and a client. Effective interviewing involves a combination of general skills including those of listening, questioning, note taking, fact gathering and assimilation. Many complaints of clients against their lawyers relate to insufficient communication. Competence in interviewing and advising is therefore a prerequisite to proper client care. A properly conducted interview usually involves the following stages:

Set the client at ease initially, exchanging “pleasantries” and establishing a good rapport with the client. (Sometimes known as the ‘meet, greet and seat’ stage.)

     At this stage the lawyer invites the client to explain his/her problems and concerns with a view to ascertaining the client’s aims and goals. This is primarily a listening stage.

      At this stage the lawyer provides advice, addressing the client’s specific questions and concerns. This advice should be explained clearly and accurately.

      At this juncture the lawyer should ensure that the client understands clearly what has been discussed and the advice which has been provided. This can often be achieved by the lawyer providing a short “recap” of his/her advice.

Vocabulary

means of communicationсредство  коммуникации

to conduct an interviewпроводить интервью

to involveпривлекать,  касаться, включать в себя

general skills – общие умения,  навыки

note taking   ведение заметок

assimilationуподобление, усвоение

prerequisite – предпосылка,  предварительное условие

at ease – спокойно , непринуждённо

to establish  a good rapport –  установить хорошие взаимоотношения / контакт

to ascertain – выяснять, устанавливать,  убеждаться

to ensure – гарантировать, удостовериться , убедиться

 to achieve – достигать, успешно выполнять

fact gatheringсбор фактов

to provide advice – предоставлять консультации

2. Translate these combinations into Russian.

Insufficient communication,  good rapport with the client,  to ascertain  the client’s aims, at this juncture, provide  a short “recap”, client’s concerns, proper client care.

3. Fill in the blanks in the following sentences.

1. Successful   interviewing involves _________ of different______.

2. Complaints usually ____ to the way of communication.

3. A properly conducted interview usually ____ several_____.

4.  Lawyers invite the ____ to explain problems and concerns in order to ascertain

the client’s ___ and goals.

5. A lawyer should ____ that  the client ____ clearly what has been  proposed.

4. Study the information about the interacting with a client and complete the chart below with the useful expressions. Propose your own variants.

INITIAL CLIENT INTERVIEW

The purpose of the interview is for the lawyer and the client to work together to identify the client’s interests and achieve the client’s aims.  The lawyer should know the topic of the interview in advance. This will allow him or her to determine what is relevant and to structure the interview so that the relevant information is obtained.

However, the structure of the interview should not be too rigid. The lawyer must ensure that a natural flow of conversation, involving a genuine exchange of views occurs. The interview should flow naturally from one topic to the next. It should feel comfortable and positive – it should not be marked by a series of highly specific questions. Clients do not enjoy being interrogated!

The lawyer must try to avoid using legal jargon when speaking to clients. Jargon has its uses within the legal community – it is shared language full of familiar terms and common expressions. But it is likely to mystify and alienate the client. So try to speak plainly, using everyday terms. Find alternatives for legal jargon.

Lawyers need to get information from their clients and summarize what the client has said, to direct the consultation and to express their own point of view. The following questions and expressions can be useful.

  •  

  •  What did you do then?
  •  How did the other party react to this?
  •  Are you suggesting that …?
  •  So, if I understand you correctly …
  •  As I see it …
  •  Please, tell me what’s going on.
  •  It seems to me that …
  •  And what happened then?
  •  Let me take you  back to ...
  •  Could I start by asking you when / why / how the problem began?
  •  Could you explain why ...?
  •  Do you have …
  •  In my opinion, … .
  •  So you are interested in a …
  •  Our best option would be …

Getting

information

Getting the client to refocus

Checking and

clarifying

Expressing an

opinion

5. Before you read the passage, talk about these questions.

  1.  What are some questions an attorney might ask a new client?
  2.  What are some reasons why an attorney might not take a case?

Mr. Jameson is a former employee of SystemTech Inc. He hopes to sue the company for wrongful termination.

It is   Mr. Jameson’s assertion that SystemTech Inc. released him because he was due for a raise. He believes the company decided it would be cheaper to fire him and hire a less experience employee.

It is difficult to tell if Mr. Jameson has a valid case. Eliciting factual information proved difficult. Mr. Jameson frequently cites beliefs about why he was fired. Yet he has not obtained any documentation to support these claims. I recommend that we decline to represent Mr.  Jameson.

6. Write a word (from the text ) that is similar in meaning to the underlined part.

While things that people think are true mean a lot to people, lawyers are mainly concerned with facts.

2. The client made a statement claiming that he had been injured in the accident.

3. Does the client have paper evidence to support his claim?

4. What did the lawyer suggest that her client do?

  1.  The man was angry because he felt that his loss of employment was unfair.
  2.  The jury must decide if the defendant’s actions were illegal or incorrect.
  3.  Lawyers use interviews to get valuable information from potential clients.     

7. Mark the following statements  as true (T) or (F).

  1.  – Mr. Jameson wants to sue his former employer.
  2.   – Mr. James has evidence that he was fired illegally.
  3.   – The attorney agreed to take Mr. Jameson’s case.

                                                                                                         

  1.   Listen to a conversation between an attorney and a potential client. Choose the correct answers.
  2.  Why does the attorney believe the woman has a valid complaint?
  3.  She was never fired from a job before.
  4.  She has documentation to support her claim.
  5.  She won a previous wrongful termination suit.
  6.  She worked for the company for several years.
  7.  What will the woman likely do next?
  8.  ask to get her job back
  9.  contact her former employer
  10.  bring in her positive reviews
  11.  sign a contract with the attorney

  1.   Listen again and complete the conversation.

Attorney:  Welcome, Mrs. Smith. Please, tell me what’s going on.

Client:  Well, I was fired without  1 _____ last week.

Attorney:  So, you’re interested in a 2 _____ _____ suit?

Client:  Exactly. For years I got great reviews from my bosses. Then, suddenly, I was let go.

Attorney:  I see. Do you have 3 _____ to support that claim?

Client: Yes. Several years’ worth, actually.

Attorney:  Excellent. I think you have a 4 _______ complaint. As soon as we

5 ____ those reviews, we’ll take the case.

Client: Great. I’ll  6 _____ ____ right now.

  1.   Read the text and match the headings (A-D) with the paragraphs (1-4) they belong to.
  2.  Concluding
  3.  Advising
  4.  Listening and questioning
  5.  Opening

LANGUAGE

We must now consider what language can be used at different stages of the interviewing process.

1. During the opening phase of a client interview, you will of course introduce yourself if you have not met that particular client before. You might say, for example: Good morning Ms …. I’m … ….., and this is my colleague … ….. 

You will then want to break the ice that is, engage in a little small talk before getting down to business. You might say for instance: I hope you had no trouble finding our office. OR Fantastic weather we’ve been having, don’t you think?

After you’ve got into the meeting room and offered the client a chair, you’ll want to open the discussion. You could say simply: How can I help you?

Or, if you already know what issue the client wants to discuss, you might say:

I understand that you would like some advice on your ….  situation. Perhaps we could start by going over some of the background details.  After that we can discuss what might be done and then we can think about the way forward.

And you might warn the clien