Вопрос № 1088177 - Английский язык

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Composition of tribunals and procedure
1. A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
2. The intention of tribunals was to provide a less formal proceeding in winch claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal – where an employer appears to not be acting in a reasonable way in removing an employee – could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.
3. The costs of the hearing are borne by the public purse that is, paid from tax revenue but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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What can the Tribunal take into consideration before making a decision in a special case?

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Composition of tribunals and procedure
1. A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
2. The intention of tribunals was to provide a less formal proceeding in winch claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal – where an employer appears to not be acting in a reasonable way in removing an employee – could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.
3. The costs of the hearing are borne by the public purse that is, paid from tax revenue but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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Barristers
1. There are currently around 9,000 barristers in practice in England and Wales. Unlike solicitors, barristers can’t form partnerships but must act as sole traders with unlimited liability. Some barristers are in employed practice and may only represent their employer, for example as in-house counsel or in government departments like the Crown Prosecution Service. Many work independently in self-employed practice in groups called chambers or sets and practise at the Bar as a barrister.
2. Chambers are traditionally located in the four Inns of Court in London – Gray’s Inn, Lincoln’s Inn, Middle Temple, and Inner Temple – and are also located in the UK regions, known as circuits. The Inns are principally non-academic societies which provide collegiate and educational resource for barristers and trainees. Members of chambers, known as tenants, share common expenses and support services, which are administered by an administrative manager known as the Clerk, along with ancillary staff such as secretaries.
3. A barrister's main work is to provide representation in the courts, where they are referred to as counsel, to draft documents associated with court procedure, and to give opinions, that is, specialist legal advice. They are normally instructed by solicitor or other recognised professionals, such as patent agents or Legal Advice Centres, on behalf of lay clients. As the law has become more complex, barristers increasingly specialise in particular areas, such as personal injury, crime, family or commercial law. Barristers are governed by the Council of the Bar, known as the Bar Council, and the Inns of Court.
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The state
1. The state has an important part to play in making and enforcing law. But what is a state? It is a political unit with a territory that the international community treats as independent, for example the United Kingdom, Barbados or Japan. Law settles how the state is to be governed (its constitution), what duties it owes its citizens, and what duties they owe to one another and to it. The law of the state consists of a system of government, together with a framework for making the life of citizens more secure and for enabling them to flourish.
2. Since each state has its own system of law, there are many legal systems: the law of the United Kingdom, Barbados, Japan, etc. The laws of states differ a bit but also have much in common. Legal systems are called systems because in each state or part of a state with its own laws there are official bodies concerned with the whole of its law. These bodies – the branches of the state – are the legislature, which makes laws, the executive government, which puts laws into effect, and the judges, who decide disputes about the law. These branches of government try to see that the laws do not conflict with one another. In other words, they treat the laws as pans of a system that hangs together.
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The aims of law
1. Law has several aims. They are all concerned with making society more stable and enabling people to flourish. The law forbids certain ways of behaving like murder, libel, and requires others, like paying income tax. If people disobey the rules the law threatens them with something unpleasant (other called a sanction), like being punished or having to pay compensation. The idea is that within this framework of do’s and don’ts people can live more securely. If they are more secure they will treat one another better.
2. A second aim is the following. Laws guarantee to people who buy and sell goods, make wills, take employment, form companies and so on that the state will if necessary enforce these arrangements.
3. A third aim is to settle disputes about what the law is and whether it has been broken. Taking these three aims together, we see that law not only threatens those who do what it forbids but promises to protect people’s interests. It imposes restrictions on them but also gives them certain guarantees.
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Professional Responsibility
1. In America the legal profession is regulated primarily by state law, although the federal courts exercise authority over lawyers appearing in litigation before them. The governing regulations include codes of professional ethics; duties and responsibilities imposed by the law of procedure; and common law rules. This body of law is usually called the law of professional responsibility.
2. Each state has a code of professional ethics that defines the lawyer’s responsibilities in representing clients. These provisions cover most aspects of a lawyer's professional responsibilities, including the duties of loyalty to clients and avoidance of conflicts of interest; the duty to maintain the secrecy of confidential information obtained from clients; duties toward opposing parties in litigation and negotiations; responsibilities of supervising lawyers and partners in law firms concerning ethical practice by subordinate lawyers; and duties of advocates to the courts.
3. Much of the communication between attorney and client is subject to privilege (confidential) and may not be divulged to a third party unless the client agrees to it. For the attorney to do otherwise would be considered a serious breach of professional conduct. Attorney-client privilege is so important that an attorney must receive permission from the court to withdraw from representation of a client once proceedings are begun.
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