The Legal Profession

Unit 1B/ Higher

THE LEGAL PROFESSION – WORKING SKILLS

Unit 1B / Higher
THE IMPORTANCE OF COLLOCATION
Collocations are words that form natural partnerships in English. For example, we say,

‘Merry Christmas!’ but ‘Happy New Year!’

Why can’t we say ‘Merry New Year’? It’s because a native wouldn’t expect these words to go
together. They do not form a good collocation. Legal English is full of collocations. They might be:

l verb+noun l adjective+noun
Do you accept liability? She made a fatal error.

l noun+verb l adverb+adjective
The gap has widened between them. This is a highly contentious dispute.

l verb+adverb
Could we please discuss this matter rationally?

The key to learning accurate legal English is to have a good familiarity with collocation. Some nouns form
good collocations with more than one verb. Some nouns form a good collocation with just one verb. The
important thing is to start to notice accurate collocations and memorise them. For example:

to draft a contract to write a contract

Good collocation: to honour a contract Bad collocation: to respect a contract
to breach a contract to infringe a contract

As you work through this book you will see many collocations. To help you notice and remember accurate
collocations they have been put into a collocation bank for you, like this:

Collocation bank

l to draft a contract l to honour a contract l to breach a contract

Exercise 1
Look at these sentences. They contain collocations that are in Unit 1A. Complete the sentences with a
word from the four choices on the next page.

a Solicitors are allowed to clients in court.

b I’m afraid I can’t help you. I am a commercial lawyer and this is a criminal .

c What are the for your case?

d I will my final law exams in June of next year.

e My client is a new factory and he needs advice about the relevant health and
safety regulations.

© Catherine Mason & Rosemary Atkins 2007 23

Unit 1B / Higher

a A represent B work for C stand for D advocate

b A issue B matter C subject D point

c A grounds B reasons C motives D basis

d A pass B make C prepare D take

e A starting B launching C opening D initiating

THE IMPORTANCE OF PREPOSITIONS

As you work through this book you will see many prepositions. To help you notice and remember accurate
prepositions in a legal context they have been put into a preposition bank for you, like this:

Preposition bank

l an attorney at law l to send a cheque for an amount of money

‘My daughter is an attorney at law in Atlanta.’ ‘Please send a cheque for £2000.’

l to work on something l subject to something

‘I’m currently working on a merger agreement.’ ‘The goods are for sale at this price subject
to availability.’

Exercise 1
Complete these sentences with a preposition that you saw in Unit 1A.

a The judge awarded my client €20,000 d Stephen works for a law firm
damages. Manhattan.

b Suing someone is a more informal way of saying e When you are dispute with someone
starting proceedings someone. you can start a claim in the civil court.

c A small claim is a claim a maximum f Could I take a look your

of £5000. employment contract?

Exercise 2
Using the knowledge that you have about collocations and prepositions correct the language below.

‘My name is Luigi and I am a lawyer at Milan. I work into a big law firm. Today I am very busy. I am
writing a contract to a new client. This afternoon I am speaking for a different client in court. It is a
disrespect of contract case. I think we will win the case because our reasons are very strong.’

‘My name is Luigi and I am a lawyer Milan. I work a big law firm. Today I am very
busy. I am a contract a new client. This afternoon I am a
different client in court. It is a of contract case. I think we will win the case because
our are very strong.’

24 © Catherine Mason & Rosemary Atkins 2007

SOLICITORS AND BARRISTERS

Unit 1B / Higher
Exercise 1
Diana Williams is a lawyer. Today she is going to visit a school in her town to talk to the students about a
career in law. Here are some of Diana’s notes for her talk. In this section she is talking about the two
separate professions that exist in England, solicitors and barristers.
Fill in the gaps in the text with the correct word from the box below.

l partner l judge l client l audience

l qualify l practices l solicitor l associate
l partnerships l court l attorney l issued

My notes for careers talk at Chatsworth Hill School.

In England we have two different types of lawyer. One is known as a (a) ________
and the other is a barrister. Both are called ‘lawyers’.This can be a little confusing
because in the USA every lawyer is usually known as an (b) ________. An English law
student has to decide at sometime during their university studies which type of
lawyer they would like to become when they finally (c) ________ as a lawyer.

Most English law students decide to become a solicitor. These are the lawyers that a
(d) ________, the person who pays for the services of a lawyer, will usually meet
first. Often the solicitor can help the client without the need for a barrister.

Most solicitors work in small private businesses, known as (e) ________, in what are
called ‘High Street firms’. This phrase ‘High Street firm’ refers to a typical, small
group of solicitors working together in the type of offices that you can find on the
major streets of any English town or city. Many law firms are set up as (f) ________.
A young lawyer will usually work first as an (g) ________ of the firm and gain some
experience while being paid a fixed salary before being offered the opportunity to
become a (h) _______. A typical High Street solicitor usually specialises in a
particular area of law, such as family, employment or commercial law. Many people
believe that solicitors cannot act for their clients in (i) ________ but this is
untrue.Thousands of solicitors appear in court every day, especially in the County
Courts where most claims are (j) ________.

The second type of lawyer found in England is known as a barrister. Barristers are
usually specialists in a very particular area of law. They give advice and opinions to
solicitors and their clients. Barristers have the right of (k) ________ (the right to
be heard by a judge) in all of the courts in the land. Barristers often share offices,
known by the traditional name of chambers, although they all work alone as individuals
because they are forbidden to work as partners. After several years of experience,
members of either profession may apply to preside over cases and sit as a
(l) _______. Within the English legal system a law student cannot take an exam to be
a judge but has to wait to be appointed after some years of experience as a lawyer.

© Catherine Mason & Rosemary Atkins 2007 25

Unit 1B / Higher

Collocation bank

l to qualify as a lawyer l to sit as a judge l to issue a claim

l to act for a client l to gain some experience l to take an exam

Preposition bank

l to be known as something l to specialise in something

‘They are known as barristers.’ ‘Tom specialises in commercial litigation.’

l to qualify as something l to work in a business

‘She qualified as a lawyer two years ago.’ ‘He works in a law firm but she works in a bank.’

l to go into partnership with someone l to preside over a case

‘He is going to go into partnership with ‘The insurance case has started and Judge
his brother.’ Mortimer is presiding over it.’

Exercise 2
Look at the solicitors’ advertisements on the opposite page. Give the name and the telephone number of
the firm of solicitors that I should call if I have the following legal problems:

a I have reached the age of 50 and I am thinking about what I want to happen to my property after
my death.
b I want to begin a business importing electrical goods from one European Union country into another
and I want to know what the rules are.
c I am a woman who is angry that a man doing the same job in the factory where I work is paid more
than I am.
d I am a visitor to England from the US. I came to work in London 18 months ago, with the permission
of the British authorities. However, I only had permission to be here for a year and now I am afraid
because I have broken the law.

Firm of solicitors Telephone number

26 © Catherine Mason & Rosemary Atkins 2007

 Unit 1B / Higher
1st CALL ACCIDENT CENTRE

ACCIDENT? Judy Barclay Solicitor

INJURED? NUMBER ONE FOR EMPLOYMENT LAW
Someone been careless? If you have a problem in any of the following areas

NO WIN-NO FEE call today for first class advice

(Home and hospital visits) UNFAIR DISMISSAL / REDUNDANCY

FREEPHONE 0500 652 1112 BULLYING / DISABILITY RIGHTS
Swanhouse Place, Chatsworth EQUAL PAY / DISCRIMINATION
BREACH OF CONTRACT
www.judybarclay.co.uk 0771 3339989
25 Haymarket Lane, Chatsworth.
MARION KAYE
Solicitors
Patel and Co, Solicitors
Professional, friendly, effective. SPECIALISTS IN IMMIGRATION LAW
Including
 Business Law
 Commercial property BUSINESS IMMIGRATION LAW
 Commercial litigation & Work Permits
 EU Law Email: PaulinePatel@law.com
Tel: 0771 333 2323
 Insolvency 40 Royal Crescent, Chatsworth.
 Intellectual property Call today!
 Landlord and Tenant

Telephone: 0771 777 5454

Offices in London, Oxford and Chatsworth McCarthy Kyle & Co
YOUR LOCAL EDUCATION LAW SPECIALISTS IN CHATSWORTH

Specialists in all areas of Education law including:

Special EDUCATION NEEDS / DYSLEXIA / ADMISSIONS

DAVID ROSS & CO AND EXCLUSIONS and NEGLIGENCE CLAIMS

0771 411 8888

SOLICITORS 33 Belvedere Gardens, Chatsworth.

Charity law / Conveyancing

Litigation / Wills and Probate Suffered from
Accident and Injury SOLICITORS’ NEGLIGENCE?
Divorce and Family Contact us now
FREE initial consultation *NO WIN-NO FEE
info@rossforjustice.com FREEPHONE 0500 542 542
0771 222 0046 1st call for action
14 Havery Road, Chatsworth Matthew Morrison Solicitors
51 Queen Anne Square, Chatsworth
*subject to assessment

© Catherine Mason & Rosemary Atkins 2007 27

Unit 1B / Higher

Exercise 3
Find a word in the advertisements that matches the following definitions.

a Not taking enough care over something that d An organization that exists in order to collect
you are responsible for with the result that money, food or goods and give them to people
mistakes are made or someone is hurt. who need them.
The word is The word is

b The process of legally transferring the ownership e The state of a business not having enough
of land or buildings from one person to another. money to pay what it owes.
The word is The word is

c A situation where someone has to leave their f A person or company which pays rent to
job because they are no longer needed by another person to allow them to live in or use
their employer. land or buildings.
The word is The word is

Exercise 4
Say whether the following statements about the advertisements are true or false.

a If I invent a new type of water heater that I don’t want anyone else  True  False
to be able to copy, I should call 07771 777 5454.

b If I want to study law, I should call McCarthy Kyle and Co.  True  False

c Matthew Morrison will always accept any client on a  True  False

no win-no fee basis.

d The 1st Call Accident Centre specialises in the law of tort.  True  False

e Matthew Morrison deals with complaints about other solicitors.  True  False

Collocation bank

l to make a will l a breach of contract l to be made redundant

Preposition bank

l to import goods from another country l to take care over/with something

‘She imported her car from Belgium.’ ‘Please take care over/with that document
because it is very important.’
l to import goods into a country
l to deal with something or someone
‘She imported her car into England.’
‘Could you please deal with Mr Jones for me
as I am busy this morning?’

28 © Catherine Mason & Rosemary Atkins 2007

AREAS OF LAW

Unit 1B / Higher
Exercise 1
Look at the words in the box and decide if they come from civil law or criminal law.

a robbery  criminal  civil e litigation  criminal  civil

b contract  criminal  civil f sue  criminal  civil

c partnership  criminal  civil g business  criminal  civil

d prison  criminal  civil h prosecute  criminal  civil

Exercise 2
Look at the categories of civil law and match them with the very simple definitions provided.

 Maritime law  I.T. law

 The law of tort  Intellectual property law

 Business and company law  Family law

 Contract law  Employment/labour law

 The law of equity & trusts  The law of real property/conveyancing

a The law that deals with the protection of the f The law that deals with private agreements
rights of inventors (who might invent a new between people or companies and tries to
drug or machine) or artistes (who might write make sure that no one suffers a loss if an
a book or a song). agreement is broken.

b The law that deals with situations where g The law that deals with every citizen’s
someone has control of property for a period responsibility not to harm other people in
of time and must look after it for the benefit any way, even if it is not a contractual or
of someone else. criminal situation.

c The law that deals with events such as h The law that deals with people’s rights, pay
divorce and the custody of (the right to look or conditions in the workplace.
after) children.
i The law that deals with the way businesses
d The law that deals with everything connected are set up (created) and run (operated) and
with information and how it is passed how they must work in relation to each other
between people, especially by means of and the general public.
the Internet.
j The law that deals with everything connected
e The law that deals with land, including with the sea or ships.
transferring the ownership of buildings or
land from one person to another.

© Catherine Mason & Rosemary Atkins 2007 29

Unit 1B / Higher

Exercise 3
Look at the situations below and decide which area of civil law is relevant.

a Anna agreed to pay Paul £4000 to landscape e Bill has been married to Ruth for 14 years.
the garden at her new house. Paul has now However, he now wishes to leave Ruth and live
finished the work but Anna says she is not with Jane. Bill and Ruth cannot decide how to
satisfied with it and she has refused to pay him. share their property between them.

The area of law is The area of law is

b Caroline and Susan want to start a business f Phillip has received an offer to buy his house,
together. They need a solicitor to draft an but there is a problem with the exact position of
agreement for them about how they will share the boundary. The buyer's solicitor must check
all the responsibilities of the business. this before the contract is signed.

The area of law is The area of law is

c Daniel wants his two year old grandson, Wayne, g Elisabeth’s company transports goods from
to have his house when he dies. However, if South America to England by ship. However,
Daniel dies before Wayne is 21 years old Daniel there was a bad storm at sea last week and
wants his friend, Harry, to look after the house the ship carrying the goods sank off the coast
until Wayne reaches 21 years old. of France.

The area of law is The area of law is

d Emily has been in hospital and has been very h David has been using the Internet to send a lot
ill after an operation. She thinks that the of private emails at work and his boss says that
doctor was negligent and that he has made this is an abuse of the time for which he is paid.
her illness worse by his actions. She wants to David has been sent home from work on full pay
claim damages. because his boss is investigating the situation.

The area of law is The area of law is

Collocation bank

l to pass information l to suffer a loss l to set up a business

l to run a business l to draft an agreement l to claim damages

Preposition bank

l to pass information between two people or l to be married to someone

among a group of people ‘She has been married to Peter for
‘Once the confidential information had seven years.’
passed between the two of them, it was
known among the whole group in the office l to be on full pay
in just a few days.’ ‘The company suspended him from work
on full pay.’

30 © Catherine Mason & Rosemary Atkins 2007

THE REGISTER OF LETTER WRITING

Unit 1B / Higher
Exercise 1
Diana Williams has received this letter from a student at the school where she gave her talk.
The words that have been underlined are too informal. Complete the same letter on the next page by
choosing a better word or phrase from those in the box.

6 The Gate
Chatsworth
CH15 2MM
Miss Diana Williams 24 April 20XX
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH1 4NG

Dear Miss Williams

Your talk at Chatsworth Hill School last week

Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. I am thinking very seriously about becoming a lawyer and I hope that you
can answer some questions about one or two things that were not included in your talk.

(a) In the first place, I am a little worried about the process of (b) using the civil court to
start off a legal process. I am thinking of getting a claim form and some leaflets to try to
find out more. If I go to the County Court in Chatsworth, will I be allowed to pick up a
claim form just to look at? Also, could you tell me a little more about (c) writing more
complicated legal documents such as contracts? I am very nervous about this part of
the work. My mother and father bought a new house recently and the solicitor who did
the (d) real estate transfer of ownership seemed to do a lot of very difficult paperwork.
What happens if I make a mistake? Can the client (e) start a case in the court if I give
them (f) wrong advice?

Also, you said that in the future there is going to be a lot of (g) discussing problems
with someone who can help find an agreement between clients instead of going to
court so often. This worries me a little. Does it mean that there will be less work for
lawyers and some firms may think about making people (h) out of work?

(i) Last, you said that lawyers usually work in partnership and are rarely (j) lawyers who
work alone. What will happen if I join a partnership about (k) getting the usual pay from
my law firm when I am ill, or when I have a baby and I need to take (l) some time away
from work to look after him or her?

Thank you in advance for your help.

Yours sincerely

Emma Soame

© Catherine Mason & Rosemary Atkins 2007 31

Unit 1B / Higher

l mediation l sick pay l Firstly l redundant

l drafting l Finally l negligent l issuing a claim
l maternity leave l conveyancing l sue l sole practitioners

6 The Gate
Chatsworth
CH15 2MM
24 April 20XX
Miss Diana Williams
Chester and Pelton, Solicitors
227 Gallowgate
Chatsworth
CH1 4NG

Dear Miss Williams

Your talk at Chatsworth Hill School last week

Thank you very much for the talk that you gave to our class on Tuesday. It was very
interesting. I am thinking very seriously about becoming a lawyer and I hope that you
can answer some questions about one or two things that were not included in your talk.

(a) , I am a little worried about the process of (b) .

I am thinking of getting a claim form and some leaflets to try to find out more. If I go
to the County Court in Chatsworth, will I be allowed to pick up a claim form just to
look at? Also, could you tell me a little more about (c) more
complicated legal documents such as contracts? I am very nervous about this part
of the work. My mother and father bought a new house recently and the solicitor who
did the (d) seemed to do a lot of very difficult paperwork. What
happens if I make a mistake? Can the client (e) if I give them
(f) advice?

Also, you said that in the future there is going to be a lot of (g)
between clients instead of going to court so often. This worries me a little. Does it
mean that there will be less work for lawyers and some firms may think about making
people (h) ?

(i) , you said that lawyers usually work in partnership and are rarely
(j) . What will happen if I join a partnership about
(k) , or when I have a baby and I need to take (l) ?

Thank you in advance for your help.

Yours sincerely

Emma Soame

32 © Catherine Mason & Rosemary Atkins 2007

 LISTENING

Unit 1B / Higher

Exercise 1
Listen to this trainee lawyer speaking about his experience of working for a major law firm in London.
Some words are missing from the text. Listen carefully and write the missing words in the box below.

‘My name is Rob Jones and I am a trainee with a law firm. I’ve always wanted to be a
(a) and I can’t imagine doing any other job. I started working here at Taylor
Wallis a year ago. Taylor Wallis is a global law firm with its headquarters in the City of London. I
studied law at Manchester University but I wanted to do my training contract in London because I
am interested in (b) law and banking and I think the best positions with the
top law firms are here. I think my parents were disappointed that I didn’t become a (c)
and work in chambers and wear a wig in court but I wasn’t interested in that at all!

With this law firm the two-year training contract is divided into four periods. Each six-month period
is called a ‘seat’. My first seat was in the (d) department. That really just
means dealing with companies and businesses. I was involved in meeting clients, (e)
documents and took part in some very high value deals. Of course, I had lots of support from the
experienced people working on my team (we call them the principals) but I was surprised at how
much responsibility they gave me.

My second seat was in the Property department. This involved (f) for clients
who were buying and selling domestic and commercial property, much of it office buildings here in
London. I was able to get some experience of (g) as well as a little landlord
and (h) law when we dealt with rentals.

Next I will be moving into the (i) Property department. I’m really pleased about
that as it covers quite a few different areas of law and can involve famous clients. At the moment
the department is dealing with a breach of copyright case for a famous musician.

I hope to stay with Taylor Wallis when I (j) as a lawyer next year. In fact, I’m
looking forward to being based in London for most of my legal career.’

a f

b g

c h

d i

e j

© Catherine Mason & Rosemary Atkins 2007 33

 USING YOUR KNOWLEDGE
Unit 1B / Higher

1 Collocation review
Complete these sentences with a collocation that you have seen.

a You are 50 years old now Mr Johnson, you should really think about a will.

b If you do not honour your side of the agreement that you have signed, I’m afraid I will have to sue
you for of contract.

c I have spent the last few hours a business partnership agreement for two new clients.

d I finished my training contract and started work two years ago, so I’m fairly new to the legal
profession. When did you as a lawyer?

e I am thinking of a new business and I need some advice about how to start.

f She has been her own business for several years now and she has been very
successful.

g There are two separate professions who are allowed to law in England but in the
USA they don’t make this division.

h I’m afraid my client a very serious loss due to your client’s actions.

i We are starting proceedings immediately and we will be claiming of £10,000.

j I am going to my law exams in June next year.

2 Vocabulary review
Complete these sentences with a word that you have seen.

a A person who pays rent to a landlord is a ___________.

b He has worked for that company for 20 years but business isn’t good at the moment and they might
have to make him ___________.

c They went into __________ last year, which means they own and run the business together.

d She is an expert in ____________ procedures. She deals with companies that don’t have enough
money to pay their debts.

e She deals with ________________. It concerns the buying and selling of land and houses and making
sure the ownership of them is legally transferred.

f The process of two people talking about their legal problem with an independent person to help
them agree on a solution is called ______________.

g If you want to sue someone who hasn’t been careful enough, the grounds for your case would
probably be _______________.

34 © Catherine Mason & Rosemary Atkins 2007

h The type of lawyer who works in chambers and pleads cases (usually in the higher courts) is known

Unit 1B / Higher
as a ________________.

i Things that are produced in order to be sold are called _____________.

j A lawyer in the USA is usually known by the general name of _____________.

3 Preposition review
Complete these sentences with the correct preposition.

a I am working ____________ a very interesting merger project at the moment.

b A landlord is a person who receives rent ____________ someone.

c I’m afraid that this firm does not deal ____________ criminal law.

d I am based ____________ Stockholm at the moment.

e In your claim form you have made some very serious allegations ____________ my client.

f She imports goods ____________ Germany from China.

g Which judge is presiding ____________ this case?

h We will lend you the money subject ____________ confirmation of the amount of your salary.

i Please send a cheque ____________ £20 to this address.

j Have you heard the news? Jennifer and Steven have gone ____________ partnership.

© Catherine Mason & Rosemary Atkins 2007 35