Cloe Lecture III

8/11/2019 Cloe Lecture III

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LECTURE IIITHE LEGAL PROFESSION IN ENGLAND AND THE UNITED STATESCourse instructor: Roxana-Cristina Petcu, PD

THE LEGAL PROFESSION IN THE U!

In the UK jurisdiction lawyers generally practice as so"icitorsin private firms, as "e#a" a$%isers incorporations, government departments and advice agencies or as&arristers. They can each$ra't "e#a"$ocu(ents and give written advice, but solicitors cannot appear in every court. So, as you can see thelegal profession is divides into two main branches solicitors and barristers. udges are issued from theran!s and so are the "aw #fficers of the $rown.

SOLICITORS

The so"icitor%avocat care se ocupa de procedura&consilier juridic&notar' may be described as the (frontof the house) man, the person who, li!e a general practitioner, deals directly with the client and, wherelitigation is involved, instructs the barrister. The origins of this side of the legal profession go bac! to themedieval (attornatus))attorney' who was an officer of the court, just li!e the solicitor still is, but the

barrister is not. Initially, the attorney*s business was to help the client in the preparatory stages of thecase. In the course of time, a similar of people practicing in the $ourt of $hancery came to be called

solicitors. They were not admitted to plead in court and they tried to form a separate organi+ation oftheir own, different from the organi+ations created by the barristers. y the - th century, the LawSocietyappeared, as the representative organi+ation of the solicitors* profession. The name attorney fellout of use.

The La* Societ+ was constituted under a /oyal $harter of -01, with the object of (promotingprofessional improvement and facilitating the ac2uisition of legal !nowledge). The "aw Society isgoverned by a $ouncil of 34 elected members and its statutory powers derive from the Solicitors 5ct -630,

whereby it e7ercises control over virtually all matters affecting solicitors e7cept discipline and scales ofremuneration. The $ouncil has power under the 5ct to ma!e /ules governing the handling of clients andtrust moneys, the annual submission by solicitors of an accountant*s report and professional practice anddiscipline. In addition, the "aw Society administers the "egal 5id and 5dvice Scheme, maintains a

compensation fund out of which it may ma!e a hardship grant to any person who suffers hardshipthrough the failure of a solicitor to account for money due and !eeps a /oll of Solicitors. The "aw Societyis also responsible for the training and e7amining of the entrants to the profession as well as thei latterresponsibility in practice. The "aw Society is responsible for the professional conduct of its members andmust investigate charges against them. The Society has the power to enforce financial sanctions uponsolicitors, such as depriving them of costs.

Solicitors are the legal practitioners who form the larger part of the 8nglish legal profession. 5nygraduate of a higher education institution can become a solicitor if he&she does two one9year law courses.The first course leads to the $ommon :rofessional 87amination %$:8' while the second was the "egal:ractice $ourse. Then, the respective person must do a -+ear traineesiat a law firm. The traineespends time attached to different law departments of the firm, thus ac2uiring the basic ground!nowledge he needs. ;hen the traineeship is over the trainee ta!es an e7am so as to be granted theracticin# certi'icate. The right to practice must be certified on an annual basis. 5nyone who wants to

wor! as a solicitor must be admitted by the "aw Society, have his name registered on the /oll ofSolicitors.

The wor! of a solicitor is very diverse.


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by the "ord $hancellor to offer conveyancing services through the medium of solicitors orlicensed practitioners

prepare wills draw up contracts instruct barristers advise on matrimonial matters handle the defences of accused people. This means that they have the ( right of audience) in

lower courts, such as the magistrates* $ourts and the $ounty $ourts. ?evertheless, since

@ecember -66A they have (right of audience) %dreptul de a pleda in instanta' in some highercourts, but they need e7tra training before they can appear there. Solicitors are the one who actupon the barristers* (advice on evidence) %consultanta privind probele' and prepare the witnessesfor their court appearance and get the case ready for trial. In particular, they ta!e written proofsof evidence from the witnesses so that the trial counsel !nows what they will say.

Solicitors are officers of the Supreme $ourt. The effect of this situation is that, whatever the powers of the"aw Society, the Supreme $ourt and any judge thereof has disciplinary powers over solicitors andapplications to stri.e any of them o'' %a radia' must be made to the


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1ARRISTERS

:ersons may practice as counsels only if they have been (called to the 1ar).

THE BAR

The ar was organi+ed in the medieval period following the model of medieval guilds. Initially, suchprofessional associations of members were called Inns o' Court %la inceput centre de pregatire juridical

un fel de facultati de drept'. ?owadays, there are 0 Inns %the Inner and Biddle Temples, "incoln*s Innsand Eray*s Inn' , but in the Biddle 5ges there were originally more. #riginally, the Inns were li!ecolleges, centers of legal learning and education and fashionable training places for young men. Theremaining inns still retain something of the atmosphere of colleges, with powers of control over theirmembers, libraries and halls in which members lunch and dine. ut much of the central control of theprofession has now passed to the Senate o' te Inns o' Court an$ 1ar and the education of

barristers is now a matter for the Counci" o' Le#a" E$ucationand the Inns o' Court Scoo" o'La*situated in Eray*s Inn. ?evertheless, universities elsewhere in the UK also offer vocational trainingfor the ar. 5nd the ar as a profession is now represented by the general $ouncil of the ar.


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said to function as a 2uality assurance mechanism, because, if a barrister does not perform well, he willnot be called upon by solicitors.

5 barrister is primarily an advocate who spea!s in court. ;hen not engaged in court, barristers do theirwor! in ca(&ers%birou de avocatura', that is sets of rooms in common occupation headed by a seniorbarrister and managed by a chief cler!. y tradition, 8nglish barristers may not enter into partnerships.If they wor! in chambers they practice at the ar as barristers. $hambers are traditionally located in thefour Inns of $ourts in "ondon, but are also located in the UK regions. The members of chambers are!nown as tenants, share common e7penses and support services which are administered by the chiefcler!. They also share ancillary staff such as secretaries. 5 senior barrister or a Hueen*s $ounsel are said

to haveta.en si"., that is they are entitled to occupy the front bench in court and to wear a sil! gown%roba de matase'. 5 5si"./ %a barrister who has ta!en sil!' usually concentrates upon advocacy, does notappear in court without a junior who will prepare the pleadings. uniors are barristers who are not sil!,

but this does not mean that all barristers ta!e sil!, so there is no real inferiority implied by thisrelationship. 5s already stated, barristers cannot form partnerships, they must act as so"e tra$ers *itun"i(ite$ "ia&i"it+ )liber profesionist cu raspundere nelimitata'.

LA6 OFFICERS OF THE CRO6N %consilieri juridici ai coroanei'

There are three special offices that need to be mentioned in connection with barristers=

-. Attorne+-Genera" ) minsitrul justitiei'7 the amily @ivision, a candidate must either be a


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5 high $ourt or a circuit judge must have been a barrister for -4 years or a recorder for 1 years 5 recorder must have been a barrister or a solicitor for 1 years The office of stipendiary magistrate is open to solicitors and barristers with at least 3 years*

standing.

The monarch, on the advice of the :rime Binister, appoints= The "ord $hancellor The "ord $hief ustice %president of the Hueen*s ench @ivision'

The Baster of the /olls %president of the $hancery @ivision' The :resident of the >amily @ivision The lords of 5ppeal in #rdinary %the "aw lords' The "ords ustices of 5ppeal

The monarch, on the advice of the "ord $hancellor, appoints= The judges of the T


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ecome a member of a law school teaching staff. @uring this period of time covering the A above9mentioned alternatives, he is still a member of the ar

5s a member of the bar, as a legal practitioner, a lawyer does advocacy, counselling and draftingof legal documents

In the US5 there is no demarcation line between litigation on the one hand and counseling and documentdrafting on the other hand. "awyers %or attorneys & attorneys9at9law & counsels & counsels9at9law' mayrepresents others in court. #bviously, some layers speciali+e in litigation while others concentrate onadvising clients and preparing legal documents other !eep the three functions abreast.

5n attorne+ at "a*%or attorne+-at-"a*' in the United Statesis a practitioner in acourt of lawwho islegally 2ualified toprosecuteand defend actions in such court on the retainerof clients. 5lternative termsinclude attorney and counselor %or counsellor' at law, attorney, and lawyer.The U.S. legal system has aunited legal profession, which means that it does not draw a distinction between lawyerswho plead incourt and those who do not.

Strictly spea!ing, an Lattorney is one who acts on behalf of another person insome capacity. 5n Lattorney9in9factL is a!in to an agentwho acts on behalf of another person, typically

with respect to business, property, or personal matters. y contrast an attorney-at-law, orlawyer, is aperson trained and licensed by a relevant jurisdiction to practice law by representing clients in legalmatters and giving legal advice. In the United States, the term attorney, standing alone, generally refersto this meaning rather than to Lattorney9in9factL.

#nce admitted to practice by the highest court of a state %a function sometimes administered by thestateMsbar association', an 5merican attorney may file legal pleadings and argue cases in any state court%federal courts usually re2uire separate admission', provide legal advice to clients, and draft importantlegal documents such as wills, trusts, deeds, and contracts.:racticing law includes interviewing a client toidentify the legal 2uestion, analy+ing the 2uestion, researching relevant law, devising legal solutions toproblems, and e7ecuting such solutions through specific tas!s such as drafting a contract or filing amotion with a court.Bost academic legal training is directed to identifying legal issues, researching factsand law, and arguing both the facts and law in favor of either side in any case.

Bany 5merican attorneys limit their practices to speciali+ed fields of law. #ften dichotomies are drawnbetween different types of attorneys, but these are neither fi7ed nor formal lines. 87amples include=

:laintiff v. @efense 5ttorneys %some attorneys do both plaintiff and defense wor!, others onlyhandle certain types of cases, li!e personal injury, business, etc.'

Transactional %or Loffice practiceL' attorneys %who negotiate and draft documents and adviseclients, rarely going to court' v. litigators %who advise clients in the conte7t of legal disputes bothin and out of court, including lawsuits, arbitrations and negotiated settlements'

Trial attorneys %who argue the facts, such as the late ohnnie $ochran' v. appellate attorneys %whoargue the law, such as @avid oies'

#utside counsel %law firms' v. in9house counsel %corporate legal department'

@espite these descriptions, most states forbid or discourage claims of speciali+ation in particular areas oflaw unless the attorney has been certified by his or her state bar or state board of legal speciali+ation.#ther states allow indirect indications of speciali+ation %in the form of advertisement language such as

Lour practice is limited to . . .L' but re2uire that the lawyer state that he or she is not certified by a stateboard of legal speciali+ation in the advertised practice area. Some states grant formal certificationsrecogni+ing specialties. In $alifornia, for e7ample, bar certification is offered in family law, appellatepractice, criminal law, ban!ruptcy, estate planning, immigration, ta7ation and wor!ersM compensation.

5ny attorney meeting the bar re2uirements in one of these fields may represent himself as a specialistSimilarly, Te7as formally grants certification of speciali+ation in the following fields= administrative law

business ban!ruptcy law civil appellate law civil trial law consumer ban!ruptcy law consumer lawcommercial law criminal law estate planning and probate law family law health law immigration andnationality law juvenile law labor and employment law oil, gas and mineral law personal injury triallaw real estate law ta7 law and wor!ersM compensation law.
http://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Prosecutorhttp://en.wikipedia.org/wiki/Retainer_agreementhttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Law_of_the_United_Stateshttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Attorney-in-facthttp://en.wikipedia.org/wiki/Agent_(law)http://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/w/index.php?title=Drafting_a_contract&action=edit&redlink=1http://en.wikipedia.org/wiki/Johnnie_Cochranhttp://en.wikipedia.org/wiki/David_Boieshttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Prosecutorhttp://en.wikipedia.org/wiki/Retainer_agreementhttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Law_of_the_United_Stateshttp://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Attorney-in-facthttp://en.wikipedia.org/wiki/Agent_(law)http://en.wikipedia.org/wiki/Lawyerhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/Bar_associationhttp://en.wikipedia.org/w/index.php?title=Drafting_a_contract&action=edit&redlink=1http://en.wikipedia.org/wiki/Johnnie_Cochranhttp://en.wikipedia.org/wiki/David_Boies


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?#T5/I8S :U"I$

In the US, notaries public are public officers %angajati ai statului' authori+ed to administer oaths and affidavits certify certain types of documents authenticate signatures

In certain jurisdictions, an attorney may act as notary public, in many others prvate persons arepermitted to ta!e this office %no legal training is necessary'.

"5;8/S I? :/IJ5T8 :/5$TI$8

In the US there are about - lawyer per 144 inhabitants, that is the highest number in the world. Bostlawyers in private practice are single practitioners. The rest form partnerships with one or two colleagues.

ecoming a partner in a law firm is along and arduous journey. 5 green recruit has to wor! long hoursand wait for a long time %G9-4 years' before being admitted to the partnership.

$#/:#/5T8 #/


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LEGAL ENGLISH 6OR!SHOP III )A"ie$ o$ern Lan#ua#es A Pro#ra((e2Fa"" se(ester, ;>>>> >>>>>>>> >>>>>>> >>>>>>>>> his employer0


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5. someone who argues a case for a client in court . in 8ngland he is a legal adviser to the $rown, in the US5 he isthe head of legal affairs in a state or in the federal government $. the right of an advocate to plead for a client incourt @. the transfer of property 8. ancient legal institutions in "ondon that barristers must join >. the period ofon9the9job training that a solicitor must do before he can be fully 2ualified E. to be accepted as a fully 2ualified

barrister by one of the Inns of the $ourt


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5 mista!e that is often made by law students from OOOOOOOOOO without a jury is OOOOOOOO a jury system with acommon law system. uries are, however, not confined to common law jurisdictions. >ro e7amples, in Spain andelgium juries hear certain types of cases. ;hat can be said, however, is that both in 8ngland and the US5

OOOOOOOOO are geared up to the presence of a jury, whether one is actually OOOOOO or not. In 8ngland, theOOOOOOOOO of a jury in civil cases is now rare. There is no right to jury trial for most civil cases, although certainlawsuits, such as OOOOOOOO, can still be heard by a jury. 5 jury consists of twelve jurors who are OOOOOO and whoare supposed to represent a cross9section of the community. In civil cases, the jury OOOOOOOOOO and sometimes

OOOOOOOOO %financial compensation' under the guidance of the judge. In criminal cases, the jurors listen to thefacts of the case and, after the judge*s summing up of the OOOOOOOOOOOO, they have OOOOOOOOOOOO= guilty ornot guilty. The jury has no say in 2uestions dealing with law or legal procedure or on OOOOOOOO in criminal cases.

In the US5, the OOOOOOOOOOOO is OOOOOOOOOO by the US $onstitution. Bany civil trials are before juries, but ifboth parties agree OOOOOOOOOO the jury, as this is cheaper and 2uic!er, the case will be decided by the judge. ;ithrespect to criminal cases, OOOOOOOOOOOOOOOO OOOOOOOOOOO a defendant the OOOOOOO . rench OOOOOOO usually refers to thee7amination by the court or by the attorneys of prospective jurors. urors can be OOOOOOOO either by the defenceor by the prosecution. It can be done either OOOOOO %for a reason' or OOOOOO %reason not stated'.

8II. atc te "e#a" ter(s &e"o* *it teir correct $e'inition:

to probate revo!e chambers cler! briefs adversarial judicial process concur pre9emption voire dire

reverse

-. where one system of law ta!es precedence over anotherF. to cancel or annul, for e7ample, previous legislationA. accommodation for a group of barristers. arristers are self9employed and group together only to share facilitiesand staff0. verb which indicates that judges in a case agree with the majority conclusion1. legal acceptance that a document, usually associated with the administration of estates, such as a will, is validG. administrative officer who acts as a business manager for the barristers of a chamber, for instance3. when a higher court, hearing a case on appeal from a lower court, reaches the opposite judgment to that of thelower court. proceedings involving a real dispute between two opposing parties. These opposing parties are responsible forfinding and presenting evidence6. in the 8nglish legal system this notion refers to the written instructions sent by a solicitor to a barrister withreference to a case-4. term of >rench origin used in the US5 for the jury selection procedure

8III0 Gi%e te Ro(anian e@ui%a"ent o' te 'o""o*in# En#"is "e#a" ter(s:

advocacy, duty of care, contentious business, the "aw Society, to ta!e proceedings against someone, publicprosecution, to rebut evidence, undue influence, to authenticate a signature, notary public, power of attorney, todisbar, law of evidence, to certify a document, related matter

8I30 Gi%e te En#"is e@ui%a"ent o' te 'o""o*in# " Ro(anian "e#a" ter(s:

a consilia, avocat %US5', facultate de drept, a redacta documente juridice, cabinet de avocatura %privat', proces

reguli deontologice, functionar public, fideicomis, proba contrarie, retragerea unei plangeri& a unei acu+atii&neinceperea urmaririi penale, jurist, istoria dreptului, a depune juramant, a face pe cineva sa depuna un juramant.

830 Trans"ate into Ro(anian:

5. On"ine acti%is( in Cina0 ur$er an$ te'tLess einous *en te %icti(s are te o"ice, an$ icroso't

5 $


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Supreme $ourt is now deciding whether the e7ecutionPnormally with a bullet through the bac! of theheadPshould go ahead. #fficials say that in the first half of this year it overturned -1Q of deathsentences. ut police9!illers are unli!ely candidates for reprieve.8ven for less egregious crimes publicsupport for the death penalty is widespread, as $hina often points out when justifying its fre2uent use ofe7ecutions %more than the rest of the world combined'. ut contempt for the police is just as common

5fter storming into a police station on uly -st and stabbing si7 officers to death and injuring three othersand a security guard, Br ang was shown remar!able understanding by $hina*s voluble internet users.@o+ens of supporters gathered outside the Shanghai courthouse during the latest hearing. The policedispersed some who wore T9shirts adorned with his photograph. Br ang*s standing was bolstered by

internet rumoursPdenied by the policePthat he was beaten up by officers when he was detained last yearfor riding an unlicensed bicycle. Bany also criticised the secrecy in which the first trial was held and anapparent conflict of interest= Br ang*s lawyer was giving advice to the local government responsible forthe murdered policemen. The $hinese authorities are sensitive to online complaints. This wee! tens ofthousands of $hinese have signed online petitions denouncing Bicrosoft for sending code to users ofpirated ;indows software that turns the des!top bac!grounds on their screens blac!. $hina has beentrumpeting its progress in protecting intellectual9property rights. ut in the face of the internet outcryand threatened lawsuits against Bicrosoft, a senior $hinese copyright official gently rebu!ed the firm=(Beasures for safeguarding rights also need to be appropriate.)5t Br ang*s high9court appeal theauthorities gave in to demands for press access %though not by foreign reporters' and allowed Br ang touse a different lawyer. ut criticising an 5merican company comes easier than deferring to critics of thepolice. $hinese websites have removed many postings defending Br ang. Rinhua, the state9run news

agency, said law e7perts had (lined up) in support of his e7ecution. Br ang is unli!ely to have to waitlong.

10 Sot te $ru# tra''ic.er 0 Te arrest o' senior o''icia"s so*s te #o%ern(ent/s reso"%e in 'i#tin#$ru# tra''ic.ersBan$ tat te rot in "a* en'orce(ent reaces te to

5T "5ST the government seemed to be enjoying some success in its battle against the drug gangs. #n#ctober F1th 8duardo 5rellano >li7, a leader of the Tijuana (cartel), was arrested, the last offivebrothers still at large who had run what was once one of the world*s most powerful traffic!ingsyndicates. Tijuana has been the scene of a vicious battle between drug factions and the security forces,

with over -14 murders in the past month alone. Br 5rellano %pictured above' was captured by Be7icanofficials acting on information from the United States* @rug 8nforcement 5dministration %@85' and the

US Barshals Service. It was an e7ample of the !ind of co9operation that officials in both countries hopewill bring success for the crac!down against the drug gangs launched by >elipe $aldern when he too!office as Be7ico*s president almost two years ago. ut only two days later came news of more worryingrecent arrests, those of two top officials at the attorney9general*s office who were among those supposedlyleading the crac!down. Biguel $olorado Eon+le+ was in charge of assigning police to organised9crimeinvestigations >ernando /ivera o7 won a presidential election in F444, ending seven decades ofrule by the Institutional /evolutionary :arty, Be7ican governments have attempted to put a long historyof corruption behind them. Several senior federal police commanders have been murdered in the past

year, presumably because Br $aldern*s crac!down has hurt the traffic!ers %or some of them, atleast'.The other assumption of Br $aldern*s strategy was that the army would be deployed temporarily

while more police were recruited and trained for an e7panded federal force. ut progress has been slow,


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and there are fears that the army is being corrupted. (;e may end up without trustworthy police andwithout a trustworthy army,) says Euillermo Wepeda of $I@5$, a thin!9tan! in Be7ico $ity. 5 reform ofthe penal code earlier this year increased police powers, giving them the right to detain suspects for up to4 days without charge. Some worry that without better oversight that will lead to abuses. 5t least 0,444people have been murdered in violence involving traffic!ers so far this year. #fficials say that is a signthat government pressure is having an effect. Some believe that the Sinaloa mob has been least affected

by the crac!down. ?evertheless, one of its leaders, esXs Wambada %a!a (the !ing)', was among -G of thegang*s members %including three policemen' arrested last month after a gun battle. The authorities saythat since @ecember F44G they have arrested more than 0,444 traffic!ers, sei+ing G6 tonnes of cocaine

and more than F0,444 illegal firearms. Be7ican officials point out that many of those weapons arebought at gun shops just over the border in the United States. ?evertheless, under Br $aldern Be7icanand 5merican officials have co9operated more closely than ever. 5 year ago, Eeorge ush as!ed $ongressfor an (urgent) V044m in anti9drug aid for Be7ico, to supply helicopters, surveillance !it and training

5fter months of debate, $ongress approved the re2uest but the money has yet to be disbursed. It will be(soon), promised $ondolee++a /ice, the secretary of state, on a visit to Be7ico last month intended toshow support for Br $aldern*s battle against the traffic!ers. The arrests at the attorney9general*s officemay damage this growing trust. ut it is not only the Be7ican government that has been penetrated. 5Be7ican wor!ing for the @85 at the 5merican embassy in Be7ico $ity was also passing information tothe Sinaloa mob, according to Be7ican officials. 5merican officials have as!ed for the e7tradition of Br$olorado Eon+le+, and will probably get it.(;e are on the right path) in the battle with the traffic!ers,8duardo Bedina Bora, the attorney9general, insisted this wee!. The government has ramped up

spending on the treatment of drug addicts and on education campaignsPa recognition that drugconsumption is now a big problem in Be7ico as well as the United States. 5fter years of complacency,tac!ling the traffic!ing gangs was never going to be easy. ut almost two years into the battle, mostBe7icans feel less rather than more secure.

83I0 Trans"ate into En#"is:

A. an$atu" "ui orar a 'ost re"un#it tactic entru a utea 'i reinnoit si "a anu"

-49-:rocurorul general, "aura $odruta Kovesi, i9a prelungit pYna la sfYrsitul anului delegarea pe functie asefului @?5, @aniel Borar, deoarece mandatul sau e7pira asta+i, au declarat, sYmbata, pentru?ewsIn, surse oficiale din :archetul de pe lYnga Znalta $urte de $asatie si ustitie. :otrivit acelorasi

surse, prelungirea doar pYna la sfYrsitul anului a delegarii este un lucru obisnuit, astfel caurmatoarea delegare sa fie luata [n calcul anul viitor. Bandatul lui Borar, care a e7pirat la -Faugust, a mai fost prelungit temporar pe -- august, pentru 64 de +ile, de care procurorul general al/omYniei, pYna la finali+area procedurii de numire a unui nou sef la @?5. Zn pre+ent, propunereade numire a Bonicai Serbanescu [n functia de sef al @?5 se afla la presedintie, unde a fost trimisade ministrul justitiei, $atalin :redoiu, cu toate ca Traian asescu a declarat public ca sustineactuala conducere a @irectiei ?ationale 5nticoruptie. In data de 0 septembrie, Sectia de procurori a$onsiliului Superior al Bagistraturii a respins, cu majoritate de voturi, propunerea ministrului

justitiei de numire a consilierului sau, Bonica Serbanescu, la sefia @?5, dar avi+ul $SB are doarun caracter consultativ. :resedintele Traian asescu este unul dintre sustinatorii actualei conduceria @?5, \credibili+ata( in opinia sa prin raportul $8, elogios la adresa @?5. \Solutia [n interesnational ar fi mentinerea actualei conduceri pentru ca este credibili+ata. Sigur, are pentru mine un

mare inconvenient, inconvenientul este ca, propagandistic si prin minciuna, s9a reusit a se creaimpresia ca @?5 este un instrument al presedintelui, ceea ce e o mare minciuna, dar trec pesteinconvenientul de a9l mentine pe Borar din acest motiv(, a apreciat presedintele Traian asescu,subliniind ca acolo unde i9a fost usor, a facut demonstratia ca nu este interesat [n a9si mentine\pYrghii de putere(, dove+i fiind numirea la sefia SI8 a unui liberal si la sefia S/I a unui social9democrat. \$Ynd a fost numit Borar, toata lumea rYdea pentru ca arestase un fost senator :@9". 5trebuit sa se cree+e aceasta minciuna doar dupa ce Borar a [nceput sa9si faca treaba(, a sustinutpresedintele, marti seara, la TJ/-. \@iscut aici de interesul national, nu discut de procurorul9sefBorar, de Tulus, sau Tulus, sau cum [l cheama, nici macar de doamna arbulescu sau de $SB. $areeste interesul national [ntr9o asemenea situatieD Sa pre+ervi ceea ce este constatat a fi bun si saschimbi ceea ce este constatat a fi rau(, a e7plicat asescu. Seful statului a aratat ca o noua echipade conducere a @?5 ar avea nevoie de timp pentru a convinge ru7elles9ul, [n timp ce actuala


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conducere este deja credibili+ata prin raportul $8. :resedintele Traian asescu a declarat caasteapta un raspuns din partea ministrului justitiei [n ce priveste propunerea pentru sefia @?5,sugerYnd ca acesta ar trebui sa vina cu o alta nominali+are [n locul Bonicai Serbanescu, daca are caprioritate servirea interesului national. \5s astepta eu un raspuns de la el daca are ca prioritateservirea interesului national sau alte interese(, a replicat seful statului, [ntrebat de +iaristi ceraspunde ministrului justitiei [n legatura cu nominali+area Bonicai Serbanescu pentru sefia @?5.

1. -. udec]torii au latitudinea de a crea noi reguli de drept atunci cYnd nu e7ist] predecent care sapermit] re+olvarea dosarului [n spe^].F. In Barea ritanie, procurorul general supraveghea+] instrumentarea dosarelor instituite [n numele$oroanei.A. Zn SU5, Binisterul de finanê a comunicat recent ca dore_te s] limite+e asistenâ juridic] gratuita.0. #rdinul notarilor _i consilierilor juridici britanici se ocup] de reclamaîile formulate la adresamembrilor s]i.1. $onform prevederilor legii din -664, consilierii juridici au pierdut monopolul [n materie de tranfer deproprietate.G. udec]torii de la instanêle superioare audia+] numai dosare importante sau apeluri.3. In activitatea lor, consilierii juridici se ocup] de multe aspecte care nu sunt de natur] contencioas], dee7emplu i_i consilia+] clienîi, fac transferuri de proprieatte sau se ocup] de de+baterea succesiunilor%mo_tenirilor'.. #bstrucîonarea cusrului normal al justiîei este o infracîune care se pedepse_te cu amend] sau

[nchisoare.6. $um [n 5nglia _i Tara Ealilor e7ist] un num]r insuficient de judec]tori, sunt numiî judec]tori cuprogram redus pentru a9i ajuta s]9_i [ndeplineasc] [ndatoririle.-4. Zn Barea ritanie, magistratura %corpul judec]toresc' este totatl independent] de puterea e7ecutiv].--. $onsilierul juridic are fa^] de cleintul s]u obligaîa contractual] de a face toate diligenêle necesarepentru aî face datoria_ [n ca+ contrar, este pasibil de plata unor daune.-F. :re+umpîa de intimidare se aplic] vYn+]rilor f]cute de un client consilierului s]u juridic.-A. Sarcina principal] a judec]torilor este de a defini intenîile legislativului _i de a aplica doctrinaprecedentului juridic.-0. Instanêle superioare pot pedepsi orice sfidare a instanêi comis] [n afara instanêi sau [n interiorul eicu amend] sau pedeapsa cu [nchisoarea.-1. :rocurorul general britanic recomand] poliîei, la solicitarea acesteia, dac] este ca+ul s] [nceap]

urm]rirea penal] sau nu.-G. $abinetele de asiten^] juridic] ofer] servicii juridice de rutina, adresate unui numar mare desolicitanti.-3. >iecare stat american i_i define_te condiîile de admitere a avocaîlor [n barou.-. 5vocatul [_i e7ercit] profesia [n statul [n care a fost admis [n barou.-6. ?umai avocaîi au dreptul de a repre+enta pe altcineva [n instan^].F4. Zn SU5, un notar este un fucnîonar public care nua are neaparat preg]tire juridic].F-. Znainte de a deveni partener [ntr9un cabinet de avocatur], un avocat aflat la [nceputurile meserieitrebuie s] fie asociat la acel cabinet.FF. Barile firme americane au servicii juridice uria_e.FA. In SU5, mumai studenîi care au absolvit o alt] facultate umanist] pot deveni studenî la drept.F0. Un avocat american poate avea _i clienî _i poate sa fie _i om de afaceri.

F1. In 5merica, judec]torii sunt ale_i dintre avocaîi [n e7erciîu.FG. 5vocaîi pot repre+enta o persoan] [n instan^]_ unii dintre ei se speciali+ea+] [n a pleda [n instan^],alîi se speciali+ea+] pe consilierea cleinîlor _i preg]tirea documentelor.F3. In SU5, o persoan] fi+ic], de e7emplu un angajat al unei banci, un agent de asigur]ri sau un angajat alunei drogherii poate s] fie notar public.F. Un avocat are dreptul de a ocupa orice po+iîe, de e7emplu s] fie membru al unui consiliu deadministraîe, s]9_i fac] o carier] [n afaceri, s] se implice activ [n afacerile publice _i, [n acela_i timp, s]aib] clienî.F6. Un avocat care a fost judec]tor, om de afaceri sau profesor la o faculatte de drept i_i poate reluaactivitatea de jurist.A4. #norariul unui avocat poate s] fie foarte ridicat.


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Cloe Lecture III

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Transcript of Cloe Lecture III