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Reading 2: Practice areas

Look through the following words to make sure that you know them, learn those you don’t.

to land a job (work, employment) to land a job with a respectable firm
commercial litigation [ ]
to rotate [ ]
termination [ ] wrongful termination
sexual harassment [΄hærəsmənt] /[hə΄ræsmənt]
gender [΄dÇendə] gender bias
disability [ ]
origin [΄oridÇin]
wage [ ] (= wages)
dispute [dis´pju:t]/[´dispju:t] parties to dispute
to counsel [΄kauns(ə)l]
advocacy [΄ædvəkəsi]  
mediation [ ]
trademark [ ] The unruffled equanimity was his trademark.
trade secret
copyright [ ]
infringement [in΄fridÇmənt] infringement of the constitutional law This edict was an infringement on their autonomy.
domain name [dəu΄mein]  
clearance [΄kliər(ə)ns] rights clearance
logo [΄logəu]
to carry out /to perform e.g. We all have certain duties and jobs to carry out. to carry out in(to) practice to perform a contract
IP (Intellectual Property)
retainer [ri΄teinə]  
competition law (= antitrust law)
merger [΄mə: dÇə]
transaction [træn΄zæk∫(ə)n] / [træn΄sæk∫(ə)n] financial transactions
multi-jurisdictional
criminal cartel (= crime cartel) [ ]
with respect to
restrictive [ ]
pulp and paper
consumer products [ ] [ ]
shareholder [ ]
landlord [ ]
tenant [΄tenant]
developer [ ]
contractor [ ]
lease [li:s]
mortgage [΄mogidÇ]
foreclosure [fo:΄kləuÇə]
accountant [ə΄kauntənt]
lender

 

1. Read about five lawyers talking about their firms, practice areas and clients. Then tick the information you have learned about each speaker.

1. I’m a newly qualified lawyer and I’ve just landed a job as an associate at a mid-size law firm. The firm offers a wide range of commercial law services. Our lawyers provide advice on many different legal areas, including banking law, corporate law and corporate tax, employment law, commercial litigation, property law, to name a few. In the next months, I’ll be rotating through some of the departments to get an idea about the different practice areas. At present, I’m working in commercial litigation and am enjoying it. My duties include a good deal of client liaison, lots of research and some writing of briefs and letters. Um, while I’m at this firm, I intend to specialize in an area of the law that involves a lot of trial work, because I think I’d really like to be a litigator.

2. I’m a sole practitioner in the area of employment and labour law in a small city. Some of the legal issues I commonly deal with are wrongful termination, sexual harassment, and discrimination on the basis of gender, age, religion, disability, national origin or race. I also handle wage and overtime disputes, employment contracts, public-sector employee issues, and disability and workers’ compensation issues. I counsel clients about their rights and options. I also provide advocacy for them, including representation in mediations, arbitrations and litigation. My clients are primarily individuals. They usually need advice in handling personnel matters and resolving disputes. Two paralegals assist me in my work at my office.



3. As an attorney, I protect the innovations and inventions of my clients. I represent both plaintiffs and defendants in trade-mark, trade-secret and copyright infringement suits in both state and federal courts. I have a good deal of experience in domain-name disputes. I carry out international trade-mark and service-mark registrations and do availability searches and clearances of marks, trade names and logos. My work also involves providing counselling to photographers, architects, graphic designers and creators of fine art. I try to give them an understanding of the laws and procedures that affect them and their businesses. I also serve as a trial consultant and expert witness in IP law. For bigger cases requiring additional staffing and resources, I have a good working relationship with a large IP firm and can arrange representation under this firm if a client requests it. This requires a separate retainer agreement.

4. I’m a senior partner in a large law firm. My main areas of expertise are competition law and international trade law. I advise domestic and international clients on all aspects of competition and international trade laws, including domestic and multi-jurisdictional merger transactions, criminal cartel cases, and trade and pricing practices. I represent clients before the Competition Tribunal in merger transactions. I advise clients on a regular basis with respect to restrictive trade practices under the Competition Act. Some of the industries my clients come from include transportation, steel, pulp and paper, telecommunications, media and entertainment, financial services, electronic products and services, food services, and consumer products. On a regular basis I write papers and hold presentations for business and professional audiences on various topics dealing with competition and international trade law.

5. I’m a shareholder in my firm and am head of my firm’s Litigation Division. I represent landlords, tenants, developers and contractors and have tried many cases (mostly to successful conclusion) in court or arbitration. I assist clients with all types of real-estate-related litigation, including lease and contract disputes, mortgage foreclosures, property-tax disputes and land-use disputes. My practice also involves all types of real-estate transactions. In addition to lecturing and writing about real-estate issues for professional groups, including lawyers, accountants, lenders and real-estate professionals, I teach courses on real-estate law for law students at the local university. I’m an active member of several professional organisations, including the state and national bar associations, to name but two.

 

Speaker 1... 1 has a few years’ working experience. 2 works as a clerk at a mid-size commercial law firm. 3 will get to know other departments of the firm. 4 meets with clients regularly. 5 plans to specialise in commercial litigation □ □ □ □ □
Speaker 2 ... 1 is a sole practitioner. 2 works in the area of employment law. 3 deals with wage disputes. 4 represents clients in mediation. 5 has many clients who are small businesses. □ □ □ □ □
Speaker 3 ... 1 works in the area of secured transactions. 2 carries out trade-mark registrations. 3 assists clients who are in artistic professions. 4 serves as an expert witness in court. 5 is a partner in a large IP firm. □ □ □ □ □
Speaker 4 ... 1 is a senior partner in a mid-size law firm. 2 specialises in competition law. 3 represents clients before the employment tribunal. 4 deals with infringements of the Competition Act. 5 has clients in the telecommunications sector.   □ □ □ □ □
Speaker 5 ... 1 owns shares in his firm. 2 argues cases in court. 3 works in the area of real property law. 4 represents landlords but not tenants. 5 teaches courses on litigation at the law university.   □ □ □ □ □

2. Match the words with their definitions.

1. termination a. one that owns and rents land, buildings, or dwelling units
2. mediation b. an agreement under which a person borrows money to buy property, esp a house, and the lender may take possession of the property if the borrower fails to repay the money
3. infringement c. the act of giving a formal (usually written) authorization
4. clearance d. the legal proceedings initiated by a creditor to repossess the collateral for loan that is in default
5. transaction e. the act of ending something
6. landlord f. the act of carrying on commercial activities within or between groups
7. tenant g. a contract by which property is conveyed to a person for a specified period, usually for rent
8. mortgage h. a negotiation to resolve differences that is conducted by some impartial party
9. foreclosure i. one that pays rent to use or occupy land, a building, or other property owned by another
10. lease j. a violation, as of a law, regulation, or agreement; a breach.

3. Discuss these questions.

1 Which kind of firm do you work in or would you like to work in?

2 Which areas of the law have you specialised in or would like to specialise in?

 


Date: 2015-01-12; view: 2009


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