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Scan the text and answer the questions: Both barristers and solicitors are closely restricted in their professional conduct by the supervision of their respective governing bodies. The governing body of barristers is the Inns of Court - the four legal societies which occupy the four sets of buildings under the same name in London and which have the exclusive right of admitting persons to practise at the Bar. All practising barristers must belong to one of the Inns and to be a member of one of the six legal circuits, or geographical areas, into which the country is divided. The Bar Council sets standards for the bar and acts in matters of general concern to the profession. If a barrister falls below the high standards of professional conduct laid down for the Bar, he will be disciplined by the Senate, which can remove the barrister from the rolls, i. The governing body for solicitors is the Law Society. It is responsible for the training of solicitors and regulating their conduct. The Law Society has extensive authority in setting and enforcing standards for solicitors. By the nature of their profession, solicitors are sometimes trusted to handle very large sums of money and very valuable property on behalf of their clients. The Law Society sets rules as to how money held for a client is to be kept and to be shown in account books, which must be certified each year. In addition, it carries out spot-checks and audits to ensure that solicitors are complying with these rules. A Solicitors Disciplinary Tribunal has the power to suspend or even strike off disqualify a solicitor. Legal ethics can be defined as principles of conduct that members of the profession are expected to observe in the practice of law. Their chief interest lies in serving their clients and in securing justice, not in increasing their own income; the lawyer is engaged, it is said, in a profession, not in a business. A barrister is required to accept any case for a proper professional fee regardless of his personal feelings, except when there are circumstances of conflicting interests of clients. This rule is known as the cab rank rule. It states that barristers may not pick and choose their clients but must take the next client waiting. The solicitor may choose any barrister he likes to represent the client, but the barrister has no choice: This rule, on the one hand, protects barristers against being criticised for giving their services to a client with a bad reputation and, on the other, it ensures that everyone has access to a specialist advocate, enabling even unpopular causes to obtain representation in court. With regard to this last point, a question that worries many people not connected with the law is: An argument which does not convince yourself may convince the Judge; and if it does convince him, why, then, Sir, you are wrong and he is right! So, if a person accused of a crime maintains his innocence, the lawyer cannot advise him to plead guilty but must use all his knowledge and skill to defend him because everyone must have a fair trial. In this case, the lawyer should outline the options to the client very clearly and advise him to plead guilty. Sometimes, in serious cases, defence lawyers negotiate with prosecutors a plea of guilty in return for a lesser charge and punishment for his client. This procedure, called plea bargaining, is used when the prosecution is prepared to drop a more serious charge against the accused or when the judge has informally let it be known that he will minimise the sentence if the accused pleads guilty. But just because a person confessed to his crime, it does not mean that he is going to get a lighter punishment. The accused does not take part in these negotiations, but he is free to make up his own mind about the proposals. If an agreement is reached, there will be no trial, and the judge will pass sentence. If not, the case will go to trial, but the lawyer may still try to convince the court to acquit his client or give him a lesser punishment. If a person accused of crime admits it to his lawyer, the lawyer must advise him to plead guilty. If he refuses to do so, the lawyer must withdraw from the case. What a lawyer cannot do is to defend someone who tells him he is guilty or to invent a defence out of his own head. This is a common law privilege given to clients who are represented by lawyers; the lawyers have no choice in the matter: Furthermore, if the police approach them and ask for information, they cannot reveal anything. However, this obligation does not apply when the client seems about to commit a crime or when he sues his lawyer, for example, for malpractice. Lawyers are the only professionals who are in this special position. Doctors, priests, newspaper journalists may also sometimes receive confidential information, and normally a judge would not wish them to break their ethical obligations, but if the interests of justice demand it, he will order them to do so and they must disclose the information they have received. If they disobey, they will be fined or sent to prison for contempt of court. For more than two centuries, until , lawyers enjoyed an important privilege: For example, in Rondel v. Worsley , Rondel, a convicted criminal, sued his barrister from prison for negligent conduct of his criminal defence, but his appeal was dismissed on the grounds of immunity. However, in , when a new case came up before the House of Lords Hall v. Simons , this rule was abolished. In the course of the discussion some ethical problems came into focus. Another argument in favour of maintaining the immunity was that the conduct of litigation is a very difficult art: However, vexatious actions are not the bane of the legal profession only - it is an occupational hazard of other professional men, such as doctors, and the absence of absolute immunity from negligence has not disabled members of other professions from giving their best services to their clients. In civil cases, it may now be easier to sue the lawyers, as immunity and collateral attack will not prevent the action. But the court made it clear that just because a client is dissatisfied with his lawyers, this alone would not give him the right to sue. FAQ Обратная связь Вопросы и предложения. Upload Опубликованный материал нарушает ваши авторские права? Московская государственная юридическая академия им. Text 2 comprehension questions. Legal terms Before you read the text, match these terms 1 - 5 with explanations a - e. Read the text and answer the questions that follow. Regulating the Profession Both barristers and solicitors are closely restricted in their professional conduct by the supervision of their respective governing bodies. Legal Ethics Legal ethics can be defined as principles of conduct that members of the profession are expected to observe in the practice of law.

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