Assignment Courses Basic Legal English 1.Pdf

lOMoARcPSD|38365768 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY z ASSIGNMENT COURSES: BASIC LEGAL ENGLISH GROUP : CLASS : A.CNBB01-2-21 (N01) Ha Noi, 2022 Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 BIÊN BẢN XÁC ĐỊNH MỨC ĐỘ THAM GIA VÀ KẾT QUẢ THAM GIA LÀM BÀI TẬP NHĨM Nhóm số: 03 Lớp: N01 Khóa: 45 Tổng số thành viên nhóm: 05 Tên tập nhóm: Legal profession (Solicitors + Barristers) Xác định mức độ tham gia kết tham gia sinh viên việc thực tập nhóm Kết sau: Đánh giá Đánh giá SV SV GV S Mã SV Họ tên ký G T A B C tên Điểm Điểm V T (số) (chữ) ký tên 453102 Đặng Mai Linh X 453104 Đỗ Trần Trà My X 453108 Nguyễn Hồ Kiều Mi X 453111 Nguyễn Phạm Trà My X 453120 Tiết Thu Quỳnh X Hà Nội, ngày 14 tháng 04 năm 2022 Kết điểm tập nhóm NHÓM TRƯỞNG Đặng Mai Linh Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 Legal profession (Solicitors + Barristers) Dang Mai Linh (MC): Good afternoon everyone and warmly welcomes to our talk show Thank you all for coming here today, first, let me briefly introduce our program My name is Dang Mai Linh And today, in our program, we will present you with a very interesting topic relating to the legal profession We all know what it is by joining in a minigame, right? So let's get started I have a rotation and now I will spin it If it falls on someone's student ID, please turn on your mic and answer our question Are you ready? Question 1: What is a barrister? Answer: A barrister is a qualified legal professional who offers specialist advice while representing, advocating, and defending his clients in court or tribunals Many barristers specialize in one area of the law, although some may have a more general practice covering a variety of areas Next, you can invite any person to answer our second question Question 2: What is a solicitor? Answer: A solicitor is a qualified legal practitioner who is responsible for preparing legal documentation in the run-up to and during a court case A solicitor provides specialist legal advice on contentious and non-contentious work to their clients in a variety of areas of law And today, to our talk show, we have invited a solicitor, a barrister, and professors here Who are they? Mrs Nguyen Ho Kieu Mi is a solicitor, Mrs Do Tran Tra My is a barrister, Mrs Nguyen Pham Tra My and Mrs Tiet Thu Quynh are professors Please warmly welcome them Our timeline of the program includes roles and responsibilities of solicitors in the UK, roles, and Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 responsibilities of barristers in the UK, the difference in role and purpose between solicitors and barristers, the process of becoming a solicitor, a barrister and contact the roles, tasks, and training process of lawyers in Vietnam Firstly, I would like to ask Mrs Nguyen Ho Kieu Mi about the roles and responsibilities of solicitors in the UK Nguyen Ho Kieu Mi (Solicitor): Thanks for your question, Well, a solicitor in the United Kingdom will take instructions from clients and advise on necessary courses of legal action Clients can be individuals, groups, public sector organizations, or private companies Depending on the area of expertise, a solicitor can advise on a range of issues, including: - Personal issues - buying and selling residential property, landlord and tenant agreements, wills and probate, divorce and family matters, personal injury claims, and criminal litigation - Commercial work - helping new enterprises get established, advising on complex corporate transactions (including mergers and acquisitions) and business-related disputes - Protecting rights - making sure individuals are treated fairly by public or private bodies and receive compensation if unfairly treated Once qualified, they can work in private practice, in-house for commercial or industrial organizations, in local or central government, or the court service Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 I have a practical example: A partner in a law firm - Hélène, from Monaco, is an avocat admitted to the Paris Bar - the professional association for lawyers She graduated with a Bachelor of Law (LLB) in Paris and obtained a Master's Degree (LLM) in European Law from University College, London She is a graduate of the Paris Institut d'Etudes Politiques She said she joined Applewood Branston two years ago and was promoted to partner in the corporate and banking team in Paris Before that, she worked for twelve years for other leading international law firms She has got extensive experience in privatizations, mergers, and acquisitions, and she advises investment banks and corporates The actual work carried out varies depending on the setting, their specialist area, and the nature of the case may use some of their time to give free help to clients who are unable to pay for legal services themselves Dang Mai Linh (MC): Thank you for your priceless information, and Mrs Do Tran Tra My, can you present the roles and responsibilities of barristers in the UK in specific? Do Tran Tra My (Barristers): It’s my pleasure to be here, Thanks for your questions Barristers are regulated, specialist legal advisers, and courtroom advocates They can provide a range of services, including: - Representing people or businesses in court or tribunal or another formal setting, making their case for them; - Advise their clients on the strengths and weaknesses of their case Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 - Starting a legal proceeding in a court on behalf of their client (providing they are specially authorized by us to so, known as being “authorized to conduct litigation”) Barristers can specialize in a range of different areas of the law These are known as “practice areas” There are many “practice areas” but the most common include: Criminal Law, Family Law, Commercial Law, and Immigration Law, I’ll be more specific Firstly- Criminal Law - (that is) barristers can represent either the defense or prosecution side in criminal trials; Secondly- Family Law - is something related to legal matters such as divorce and child welfare issues; Thirdly- Commercial Law - is a legal problem that can occur in the running of businesses and commercial transactions including Employment Law; And the last - Immigration Law – is legal issues involving matters of immigration and asylum Most barristers are self-employed This means they are either “sole practitioners” or they work on a self-employed basis with other barristers in organizations known as “chambers” Barristers working in chambers share services such as buildings and IT Countless barristers are employed directly by organizations such as large companies or public bodies like the Crown Prosecution Service Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 Barristers are individually regulated by us This means that even though they might belong to a set of chambers or be employed, their professional duties and obligations are theirs alone Dang Mai Linh (MC): Thank you so much I might have distinguished the difference between these two positions right away Mrs Nguyen Pham Tra My, can you explain to us as well as the audience the difference in role and purpose between solicitors and barristers transparently? Nguyen Pham Tra My (Professor 1): Barristers are engaged by solicitors to work on their client’s case (referred to as “being instructed”) Solicitors will usually have a good knowledge of the different barrister's chambers and the specialisms of the barristers working within them This means they are in an ideal position to match up clients with the most appropriate barrister for their case Barristers are essentially advocates whose role is to explain an individual’s case in court and argue their position They are less likely to be involved with a case until it is apparent that it will end up in a court hearing – many cases settle before this stage, so there is never any need to get a barrister involved Barristers can also advise clients on the strength of their case, assist with drafting documentation before any court hearing, and help with negotiations Generally, this will be handled by primarily a solicitor Solicitors will often attend court with their barrister but only to take notes and help with the documentation Dang Mai Linh (MC): Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 Thank you, professor To acquire more knowledge about these distinct positions, let's keep our eyes on the screen to observe the procedure for becoming a solicitor, a barrister (video) And that was the end of the video, everyone might have a better understanding of solicitors and barristers in the UK, right? So, Mrs Nguyen Pham Tra My, can you give us information about the roles, tasks, and training process of lawyers in Vietnam in detail? Nguyen Pham Tra My (Professor 1): In Vietnam nowadays, lawyers have the following obligations: To comply with the principles of law practice prescribed in Article of the Law on Lawyers; Strictly abide by the internal rules and relevant regulations with the procedure-conducting agencies; Have a cooperative attitude and respect the procedure-conducting persons that lawyers come into contact with while practicing; Participating in legal proceedings fully and promptly in cases requested by procedure-conducting agencies; provide legal aid; Participating in compulsory professional training and other obligations as prescribed by the Law on Lawyers Dang Mai Linh (MC): Astonishing, I’m now wondering about the progression of becoming a lawyer in Vietnam, Can Mrs Tiet Thu Quynh put it in plain words? Tiet Thu Quynh (Professor 2): The legal profession in Vietnam is first and foremost a legal profession, in which lawyers, with their legal knowledge, independently perform activities within the scope of their practice by the law and regulations on professional Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 responsibilities to serve justice, contribute to the protection of the rule of law and to build the rule of law in Vietnam Honestly, becoming a lawyer in Vietnam is an arduous learning process You must undergo a variety of training programs from the university to institute and then practice at law practice organizations Specifically, the steps to become a lawyer in Vietnam include: Step 1: Having a bachelor's degree in Law: That is, the individual must graduate from Law School, Law Faculty of the University (usually years of study) Step 2: Having a diploma from a lawyer training program: The class is registered at the Judicial Academy (current regulations are studied for 12 months), then passed the graduation exam of the Judicial Academy, and graduated from the Law class Step 3: Going through an internship at a Law Practice Organization: After graduating from a lawyer training class, an individual is required to register as an apprentice at a law practice organization for 12 months Step 4: Overcome the test at the end of the lawyer's probationary period: After completing the probationary period, the intern can take the exam at the end of the lawyer's probationary period and if they pass, they will be granted a law practice certificate or vice versa they will be allowed to extend the probationary period and take the re-examination If the re-examination test still fails, the law- practicing apprentice must register to practice again from the beginning (12 more months) Step 5: Issue a certificate and join the Bar Association, issue a lawyer practicing card: Once the individual passes the test for the end of the lawyer's probationary period, the individual shall make a dossier according to regulations to apply for a Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 law practice certificate The lawyer profession is granted by the Ministry of Justice, and the law practice card is issued by the Vietnam Bar Federation Step 6: Practicing Law: After being granted a certificate, joining a union, and issuing a lawyer practice card, a lawyer can choose a law practice organization to practice, or practice as an individual and must register with the local Department of Justice where practicing Dang Mai Linh (MC): Thanks for your sharing The information mentioned above helps us to understand what solicitors and barristers are, and the differences between these two positions Each position has its role and importance Hence, we could have a deeper understanding of the legal profession That's all that we want to bring to you today Thank you for listening and see you soon 10 Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com) lOMoARcPSD|38365768 References Cambridge, “Professional English in Use Law”, https://www.academia.edu/33465768/Cambridge_Professional_English_in _Use_Law; The Lawyer Portal, “Difference Between Solicitor and Barrister”, https://www.thelawyerportal.com/careers/difference-between-solicitor- and-barrister/; Springhouse solicitors, “What’s the difference between a solicitor, a barrister, and a lawyer?”, https://www.springhouselaw.com/knowledge- hub/legal-costs/whats-the-difference-between-a-solicitor-a-barrister-and-a- lawyer/; Bar Standards Board, “Information about barristers”, https://www.barstandardasboard.org.uk/for-the-public/about- barristers.html /; Prospects, “Solicitor”, https://www.prospects.c.uk/job-profiles/solicitor; The Legists, “Solicitors Roles and Responsibilities”, https://www.thelegists.co.uk/solicitors-roles-and-responsibilities; Lawyers For Lawyers, “Vietnam”, https://lawyersforlawyers.org/en/countries/vietnam/; Vietnam Lawyers Journal, “Conditions, standards, and processes to become a lawyer in Vietnam”, https://lsvn.vn/dieu-kien-tieu-chuan-quy- trinh-de-tro-thanh-luat-su-tai-viet-nam.html; World of law, “Essays on lawyers and the legal profession”, https://thegioiluat.vn/bai-viet-hoc-thuat/tieu-luan-luat-su-va-nghe-luat-su- 3535/ 11 Downloaded by moinhat tieuluan (tieuluanmoinhat@gmail.com)