Lesson 04 - Legal Professions

Solicitors are mem _ _ _ _ of the Law Society. To become a solicitor, you need not be a law gra _ _ _ _ _, but it is the most straight forw _ _ _ route. Law graduates start with one-year Legal Practice Course. Upon successful comple _ _ _ _, they underta _ _ practice-based trai _ _ _ _, known as a training contract. It is a two-year contract during which train_ _ solicitors gai _ experience of working in a firm of solicitors. As part of the training, trainee solicitors must also success_ _ _ _ _ finish the Professional Skills Course.

B. the USA

Read the text and translate the Czech words into English and compare becoming a judge in US and Czech Republic.

Prospective lawyers in the USA need to finish four years of college with good grades and _ _ _ _ (složit) the Law School Admission Test. Then they _ _ _ _ _ _ (navštěvují) a law school for 3 years to get law degree. However, in order to practice law in a particular state, they need to be _ _ _ _ _ _ _ _ (přijati) into the State Bar. This is done by passing the bar examination. Once they clear the bar examination they are officially _ _ _ _ _ _ _ (dovoleno) to practice law in that state.

Judges _ _ _ _ _ _ _ (předsedají) over local, state and federal courts and are either appointed or elected. The minimum educational requirement to be a judge in the United States is a bachelor's degree. State or federal judges need a juris doctorate at the minimum. The majority of judges have experience working as a lawyer. Most local and state judges are _ _ _ _ _ _ _ (voleni) in local elections. Some judges actively _ _ _ _ _ _ _ _ (vedou kampaň) for their position like congressmen. All federal judges are _ _ _ _ _ _ _ _ _ (jmenováni) by the president and serve a life term.

NOTE: LL.B. = the Bachelor of Laws, LL.M. = the Master of Laws

juris doctorate = J.D.= U.S. professional doctorate

C. the Czech Republic

The legal professions in the Czech Republic include judges, public prosecutors, attorneys/advocates, notaries and executors. Who are the following conditions necessary for?

having no criminal record

a master’s degree in law at a Czech university/a master’s degree in law/a university degree

being a Czech citizen

having passed a special examination

possessing the moral qualities that will guarantee they will exercise their function properly

at least 25 years old/at least 30 years old

having completed necessary practice

4. Do you know the conditions for becoming a legal trainee in the Czech Republic? Below is an extract from the Czech act on legal profession, 1996. Translate the words in bold into Czech.

THE LEGAL TRAINEE

Section 36

A legal trainee shall be the person whose name has been entered in the Register of Legal Trainees maintained by the Bar.

Section 37

(1) The Bar shall enter in the Register of Legal Trainees the name of every person who

a) has full capacity to enter into legal relations (full legal capacity),

b) has obtained a university education within a Master’s programme in legal studies at a higher education institution in the Czech Republic, or has obtained legal education at a higher education institution abroad if so provided by an international treaty binding on the Czech Republic, or such education has been recognised under special legislation,