法律知识导读（英文）第四单元 Legal Profession.pptVIP

Unit 4 Legal Profession 法律职业 Lead-in 法律职业是指以律师、法官、检察官为代表的，受过专门的法律专业训练，具有娴熟的法律技能与法律伦理的法律事务岗位从业人员所构成的共同体。律师是指受当事人委托或法院指定，依法协助当事人进行诉讼，出庭辩护，以及处理有关法律事务的专业人员。在实行法律职业一元化的国家，律师（lawyer）也可以作为所有法律职业的统称。律师的职责主要包括：担任诉讼代理人、担任法律顾问、担任刑事辩护人、解答法律咨询、代写法律文书等，以维护当事人的合法权益，维护法律的正确实施。 Lawyer Definition A lawyer, according to Blacks Law Dictionary, is a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law. Responsibility Oral argument in the courts; Research and drafting of court papers; Advocacy (written and oral) in administrative hearings; Client intake and counseling (with regard to pending litigation); Legal advice; Protecting intellectual property; Negotiating and drafting contracts; Conveyancing; Carrying out the intent of the deceased; Earning the right to practice law. Oral argument in the courts ★ In some civil law jurisdictions and England, Arguing a clients case is the traditional province of the barrister or of advocates. In countries of fused legal professions, like the Unites States, trial lawyers specialize in trying cases in court, but not have a de jure monopoly like barristers. In some countries, litigants can argue pro se, or on their behalf. In other countries, like Venezuela, a lawyer is necessarily needed in court.  Research and drafting of court papers ★ In England, a solicitor will obtain the facts of the case from the client, and then brief a barrister (usually in writing) ,who then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case. In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons  Advocacy (written and oral) in administrative