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1、2021/8/612021/8/62If there were no bad people,there would be no good lawyers.Charles Dickens,British novelist倘若世上没有坏人，也就不会有好的倘若世上没有坏人，也就不会有好的律师。律师。英国小说家英国小说家 狄更斯狄更斯 CC2021/8/63Background 律师 法官 检察官 法学教师法律职业法律职业变换频繁变换频繁 Harlan Fiske Stone2021/8/642021/8/65Part 1 The Bar Bar法庭中将公众与法官、律师及其他诉讼参与人分隔开的隔板。后

2、来用于通指法律职业或律师职业。美国律师协会美国律师协会（ABA）2021/8/662021/8/67律师美国LawyerAttorneyAttorney at-lawCounselorCounselor at-lawLitigator 诉讼律师 英国英国Barrister诉讼律师诉讼律师大律师，出庭律师大律师，出庭律师Solicitor初级律师（无权出庭初级律师（无权出庭的律师）的律师）2021/8/68 The regulation of the legal profession is primarily the concern of the states,each of which has

3、 its own requirements for admission to practice.对法律职业的管制主要是州政府的事。各州都有自己的允许律师执业的条件。2021/8/69 Most require three years of college and a law degree.Each state administers its own written examination to applicants for its bar.三年大学三年大学法学学位法学学位书面考试书面考试2021/8/610 Almost all states,however,make use of the M

4、ultistate Bar Exam,a day-long multi-choice test,to which the states adds a day-long essay examination emphasizing its own law.各州律师联考各州律师联考州综合问答题州综合问答题2021/8/611 The Multistate Bar Examination(MBE)is a six-hour,two-hundred question multiple-choice examination covering contracts,torts,constitutional l

5、aw,criminal law,evidence,and real property.2021/8/612 A substantial fraction of all applicants succeed on the first try,and many of those who fail pass on a later attempt.全部申请者中大部分能在第一次考试中通过，没有通过的人很多在后来的考试中得以通过。2021/8/613 In all,over forty thousand persons succeed in passing these examinations to th

6、e bar in their respective states.每年各州有4万多人通过律师考试。No apprenticeship is required either before or after admission.在进入律师行业之前或之后不需要有学徒经历。2021/8/614 The rules for admission to practice before the federal courts vary with the courts,在联邦法院执业的要求各州不同。but generally those entitled to practice before the highes

7、t court of a state may be admitted before the federal courts upon compliance with minor formalities.有资格在州最高法院执业的人办理了一些无关紧要的手续后可以在联邦法院执业。2021/8/615 A lawyers practice is usually confined to a single community for,although a lawyer may travel to represent clients,one is only permitted to practice in a

8、 state where one has been admitted.律师通常在一个地区执业 可以代表当事人到其他州办理事务 只是在被准入的州获得执业资格2021/8/616 It is customary to retain local counsel for matters in other jurisdictions.为处理在别的管辖区内的法律问题而聘请当地律师是很平常的事。有些州曾把“本州居民”规定为申请律师资格的前提条件。但联邦最高法院在1985年裁定这种规定为非法。此外，在美国担任律师的人并不必须是美国公民。2021/8/617 One who moves to another s

9、tate can usually be admitted without examination if one has practiced in a state where one has been admitted for some time,often five years.如果一个人已经执业5年以上，那么当他移居到另外一个州的时候，通常不用再参加该州的律师资格考试就可以获准执业。2021/8/618 A lawyer may not only practice law,but is permitted to engage in any activity that is open to o

10、ther citizens.从事律师业务从事律师业务参加任何其他公民可以参加的活动参加任何其他公民可以参加的活动2021/8/619 It is not uncommon for practicing lawyer to serve on boards of directors of corporate clients,to engage in business,and to participate actively in public affairs.在公司的董事会任职在公司的董事会任职从事商业活动从事商业活动积极参与公共事务积极参与公共事务2021/8/620 A lawyer remai

11、ns a member of the bar even after becoming a judge,an employee of the government or of a private business concern,or a law teacher,any may return to private practice from these other activities.律师在成为法官、成了政府雇员或私企雇员，或者作了法学教师以后，该律师仍是律师界的一员，而且也可以从其他活动中重新回来做执业律师。2021/8/621 A relatively small number of la

12、wyers give up practice for responsible executive positions in commerce and industry.有很少数量的律师为了从事工商业活动而放弃执业。2021/8/622 The mobility as well as the sense of public responsibility in the profession is evidence by the career of Harlan Fiske Stone who was,at various times,a successful New York lawyer,a p

13、rofessor and dean of the Columbia School of Law,Attorney General of the United States,and Chief Justice of the United States.律师律师教授教授院长院长总检总检察长察长首席大首席大法官法官2021/8/623Harlan Fiske Stone1872-1946Distinguished jurist Harlan Fiske Stone was born on October 11,1872 in Chesterfield,New Hampshire.著名法理学家著名法理

14、学家2021/8/624 After graduating from Amherst College in 1894,he continued on to Columbia University from which he received his law degree in 1898.The next year he was admitted to the New York bar.加入纽约律师协会2021/8/625 In 1910 Stone became the dean of the Columbia Law School.In 1924 he was appointed by Pr

15、esident Coolidge to be Attorney General.哥伦比亚大学法学院院长司法部长（总检察长）2021/8/626 In 1925 he was nominated to the Supreme Court.While on the Court,Stone was a strong supporter of President Roosevelts New Deal legislation.Roosevelt appointed Stone Chief Justice in 1941.Stone died in 1946 at the age of 73.最高法院法

16、官罗斯福新政最高法院首席大法官2021/8/627 There is no formal division among lawyers according to function.美国没有律师职业的划分。英国：英国：Barristers：出庭律师出庭律师、大律师、诉讼律师大律师、诉讼律师Solicitors：诉状律师诉状律师、小律师、非诉律师小律师、非诉律师 2021/8/628 there is no branch of profession that has a special or exclusive right to appear in court,nor is there a bra

17、nch that specializes in the preparation of legal instruments.美国：美国：出庭代理诉讼出庭代理诉讼准备法律文书准备法律文书attorney2021/8/629 The American lawyers domain includes advocacy,counseling,and drafting.Furthermore,within the sphere broadly defined as the“practice of law”the domain is exclusive and is not open to others.代

18、理诉讼，出庭辩护；咨询服务；起草文书；律师实务2021/8/630 In the field of advocacy,the rules are fairly clear:any individual may represent himself or herself in court but,with the exception of a few inferior courts,only a lawyer may represent another in court.出庭辩护：当事人本人 代理律师2021/8/631 The lines of demarcation are less clea

19、r in the areas of counseling and drafting of legal instruments,as for example between the practice of law and that of accounting in the field of federal income taxation.咨询服务与起草法律文件之间的划分不明确。就联邦所得税，律师执业与会计执业划分不清。2021/8/632 However,the strict approach of most American courts is indicated by a decision

20、of New Yorks highest court that a lawyer admitted to practice in a foreign country but not in New York is prohibited from giving legal advice to clients in New York,even though the advice is limited to the law of foreign country where the lawyer is admitted.然而，大多数美国法院的严厉规定是根据纽约最高法院的一项决定做出的。该规定指出：在外国

21、而非在纽约取得执业资格的律师，禁止给纽约的当事人提供法律建议，即便所提供的建议仅限于外国法。2021/8/633 A foreign lawyer may be admitted to the bar of one of states and may,even without being admitted,advise an American lawyer as a consultant on foreign law.外国律师可以被一个州的律师协会接纳为会员，甚至在没有被接纳的情况下，也可以作为佚名顾问就外国法向美国律师提供咨询意见。2021/8/634Part two Lawyers in

22、Private Practice2021/8/635 The remaining six practice in law firms,which are generally organized as partnerships.剩下的6个人组成律师事务所，一般采用合伙制。Four or five of these six are partners and the others are associates,a term applied to salaried lawyers employed by a firm or another lawyer.6个人中有4、5个是合伙人；其他1、2个是合作者

23、，他们受雇于律师事务所或其他律师，领取工资。2021/8/636 This trend toward group practice is relatively recent origin.合伙开业合伙开业2021/8/637 Throughout most of nineteenth century,law practice was general rather than specialized,its chief ingredient was advocacy rather than counseling and drafting,and the prototype of the Ameri

24、can lawyer was the single practitioner.律师业务是一般化的，而不是专业化的 主要业务是出庭辩护，而不是提供咨询和起草文书 美国律师的原型是单独开业者。2021/8/638 Marked specialization began in the later part of that century in the large cities near the financial centers.19世纪后期，在金融中心附近的大城市，出现了显著的律师专业化。2021/8/639 With the growth of big business,big governme

25、nt,big labor,the work of the lawyer accommodated itself to the needs of clients for expert counseling and drafting to prevent as well as to settle disputes.随着大企业、大政府及大的劳动力的增长，律师工作本身适应了当事人需要专家提供咨询和起草法律文书，从而避免和解决纠纷的需要。2021/8/640 The best lawyers were attracted to this work 最好的律师被吸引来做这些事。leadership of

26、the bar gravitated to persons who rarely if ever appeared in courts and who were sought after as advisors,planners,and negotiators.律师界的领导人物开始垂青那些极少出庭即使确曾出庭的话的律师，那些供不应求的咨询顾问、策划人员及谈判专家。2021/8/641 Today the lawyer regards it as sound practice to be continuously familiar with clients business problems a

27、nd to participate at all steps in shaping of their policies.Major business transactions are rarely undertaken without advice of counsel.今天，律师仍然将继续熟悉其委托人的各种生意问题以及参与委托人制定其计划的一切过程视为他们必不可少的一项实践。没有法律顾问的建议，大宗商业交易的进行是很少发生的。2021/8/642Part 3 House Counsel 受雇于某公司而非独立开业的律师 Out of every twenty lawyers,two are e

28、mployed by private business concerns,such as industrial corporations,insurance companies,and banks,usually as house or corporate counsel in the concerns legal department.20个律师中有2个受雇于私人企业，如工业公司、金融公司、银行。专职法律顾问，公司法律顾问2021/8/643 the growth of corporationsthe complexity of businessthe multitude of proble

29、m posed by government regulationfirms to have in their employ persons with legal training非常了解企业的非常了解企业的特殊问题和条件特殊问题和条件2021/8/644 The general counsel(总法律顾问)An officer of the company Serve on important policy making committees Serve on the board of directors.公司管理人员公司管理人员重要决策委员会重要决策委员会董事会董事会2021/8/645Ho

30、use counsel remain members of the bar 保留律师协会会员身份 entitled to appear in court 有资格出庭进行诉讼2021/8/646House counsel However,it is the house counsels skill as advisor rather than as an advocate that is a valued asset.然而，公司法律顾问作为一名咨询员所拥有的才能而非辩护本身才是价值不菲的资本。2021/8/647 Constantly in touch with the employers pr

31、oblem,house counsel is ideally situated to practice preventive law and may also be called upon to advise the company on its broader obligation to the public and the nation.不断接触企业的各种法律问题，使得公司顾问成为理想的预防法律纠纷出现的行家，而且也会常常被邀请就公司对其公众和国家所负义务提供咨询。2021/8/648Part 4 Lawyers in Government Two out of twenty lawyer

32、s are now employees of the federal,city,county,and municipal governments,exclusive of judiciary.20个律师中有2个受雇于联邦、都市、县和地方政府，这中间还不包括法官。2021/8/649 Many of those entering public service are recent law graduates 许多加入公共服务的是刚毕业的法学大学生。who find government salaries sufficiently attractive at this stage of their

33、 careers 政府薪水有足够的吸引力 seek the training that such service may offer as a prelude to private practice.锻炼自己，作为私人开业的前奏2021/8/650 Limitation on top salaries discourage some from continuing with the government.最高薪水的限制挫伤了一些律师继续在政府工作的积极性。2021/8/651 The majority serves by appointment in legal departments of

34、a variety of federal and state agencies and local entities.大多数的政府律师在联邦、州政府和地方机构的法律部门任职。2021/8/652 The United States Department of Justice alone employs more than two thousand,and the Law Department of the City of New York more than four hundred.美国司法部2000多人 纽约司法局400多人2021/8/653 Others are engaged as

35、public prosecutors.Federal prosecutors,the United States attorneys and their assistants,are appointed by the President and are subordinate to the Attorney General of the United States.其他政府律师是检察官。联邦检查官、美国政府律师和助理检察官由总统任命，受命于美国总检察长（司法部长）。2021/8/654 The Attorney General,as head of the Department of Just

36、ice and chief law enforcement officer of the Federal Government,represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested.The Attorney General appears in person to represent

37、 the Government before the U.S.Supreme Court in cases of exceptional gravity or importance.2021/8/655 States prosecutors,sometimes known as district attorneys,are commonly elected by each county and are not under the control of the state attorney general.州检察官，又叫地区检察官，一般由其所在县的公民选举产生，不受州司法局长的控制。2021/8

38、/656 Lawyers in government are directly engaged in legal work 政府律师直接从事法律工作。law training is infrequently sought as preparation for general government service.因为一般政府服务很少要求事先进行法律培训。2021/8/657A small but important minority an exception those who have been appointed to high executive positions those who

39、have been elected to political office.例外：被任命担任高级行政职务，被选举担任政治性官职的人。2021/8/658 Lawyers have made up roughly half of the Congress of the United States and of the state government.美国国会和地方政府中有大约一半的人是律师。2021/8/659Chief Justice StoneHarlan Fiske Stone1872-1946“No tradition of our profession is more cherish

40、ed by lawyers than that of its leadership in public affairs.”在我们的职业传统中，没有一个像其担任公共事务领导的传统那样受到律师们的钟爱。2021/8/660 Legal Profession Multistate Bar Exam federal courts boards of directors Judge Attorney General Chief Justice重点专业词汇重点专业词汇2021/8/661 Barristers Solicitors Attorney practice of law Lawyers in p

41、rivate practice single practitioner house Counsel corporate counsel2021/8/662 The United States Department of Justice public prosecutors Federal prosecutors district attorneys Congress of the United States2021/8/663Exercises1.Questions about the text2.Dictation3.Discussion 2021/8/664Skill assessment Working in a law office requires several skills,including communication skills,computer skills,and legal training.Prepare a personal resume,using a word processing program,demonstrating that you possess those skills.