V. OVER TO YOU

1. Read the joke, pay attention to the adverbs which are typical of legal documents:

When asked to explain the difference between an ordinary citizen and a lawyer, a well-known barrister explained, ‘’If an ordinary citizen gave you an orange, he would say, ‘’I give you this orange.’’ But if a lawyer gave you an orange, he would say, ‘’I hereby give, grant and convey to you all my interest, right, title and claim of and in this orange, together with all its rind, skin, juice and pulp, and all right and advantage therein with full power to bite, cut, suck, or otherwise eat or consume the said orange, or give away or dispose of to any third party the said orange, with or without its rind, skin, juice and pulp, subject to any amendments subsequently introduced or drawn up to this agreement.’’

2. In the formal language typical of the law (particularly in the legal documents) you will find many adverbs. They are used to refer clearly to specific times and places in and around documents. Most are formed using here and there.

Here means this document - the one you are reading;

there means that document – the one which is being discussed, not the one you are reading.

Some adverbs with here and there are listed below. Match them to the correct definition.

HERE

1. hereafter a) appearing somewhere in this document

2. hereby b) following this document

3. herein c) in the future - from the production of this

document on

4. hereof d) relating to this document or part of it

5. hereto e) resulting from this document

THERE

1. thereby a) appearing somewhere in that document

2. therefore b) following that document

3. therein c) for that reason or purpose

4. thereof d) relating to that document

5. thereto e) resulting from that document or decision

3. Read the text and say what way the lawyer’s profession is governed in our country. Is it important for the development of the law-governed society? Why? Do you agree that institution of advocacy is a guarantor of enforcement of people`s rights and freedoms? Why?

Who Regulates Lawyers?

A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession), or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch. In most civil law countries, the government has traditionally exercised tight control over the legal profession. That is, lawyers were expected first and foremost to serve the state. Even in civil law countries, like Norway, which have partially self-regulating professions, the Ministry of Justice is the sole issuer of licenses. Brazil is an unusual exception in that its national Order of Advocates has become a fully self-regulating institution and has successfully resisted government attempts to place it under the control of the Ministry of Labour. Common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers was weak and indirect.

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