Audio transcripts

Mr Nichols: Well, as you certainly know, we're a relatively small

Unit 1 commercial firm, We're what's known as a law boutique,
Listening 1 since we specialise in two areas of the law: Real Property
and Debtor,Creditor. Since we're specialists, we try to
lawyer: Well. maybe I should start by explaining how things maintain high standards in our work, As for the firm's
work. You say that a writ has been served on you. informing culture, I'd have to say we're pretty traditional. People dress
you lIlal an action has been filed against you for breach of quite formally, in suits, and we don't call partners by their
contract. Is that right? first names. It's a good place to work, definitely friendly, but
Client: Yes. I got that yesterday. people are serious and work very hard,
lawyer: OK That means that a complaint against you has Linus: That sounds good to me, Perhaps you could tell me
already been filed with the court. Our next step will be to something about the structure of the firm,
draft an answer to thiS complaint. Mr Nichols: Well, the firm is headed by the two senior partners,
Client: How does that work? Mr Robertson and Mr Michaels, They founded the
lawyer: In order to be able to draft an answer, I'll need partnership 30 years ago, They're still quite active,
Information from you - facts. documents and the like - so especially with the older clients, but the day·to-day affairs
that I can begin preparing your defence. Of course, we'll and the finances of the firm are managed by the full
then also have to start building up evidence to support your partners, that's Ms Graham and myself, We also oversee the
defence. For example. we may wish to get affidavits - sworn two departments, But a salaried partner is in charge of each
statements - from potential witnesses supporting the of them,
statements you've made in your defence, Linus: I see. And how are the departments structured?
Client: Right. What happens next? Mr Nichols: Well, in the Real Property Department. there are
Lawyer: Well, it depends on how we wish to proceed, We three associates who report to the partner, and they're
Sllould try to have the case dismissed as soon as we can, assisted by two paralegals, In the Debtor-Greditor
This'll require filing motions. We'll also have to draft briefs department, there are two associates and two paralegals.
clarifying our legal position, which we'll then submit to the There's also one secretary for each department who
court, basically assists the partner who heads the department, but
Client: I see, Do you think there'll be a trial? who does on occasion do work for the associates as well,
Lawyer: ThaI'S Ilard to say exactly. since they're responsible for all the clerical work that needs
Client: Urn, if there is a trial, when will it take place? to be done. Of course, there are always summer aSSociates
Lawyer: When the time comes, the court'li issue a notice to or clerks working at the firm, on average four of them, not
inform us of the date and time of the hearing, just during the summer, but also during the term breaks,
Right. I guess that's all there is to say about the structure,
How does that sound to you?
Listening 2 Linus: Very interesting. Actually, the size sounds ideal - not
quite as small as the firm I worked for in Cambridge, where
Anna: So, what are you two planning to do later, when you've
I did my summer clerkships, but not too big, either, And
completed your degree?
nowhere nearly as large as the European Commission
Daniel: Well, right now, I'm planning to become a barrister,
where I worked last!
because j'd really like to plead cases in court.
Anna: You've been watching too many of those American films,
when the handsome young attorney wins the case against
the big, bad corporation!
Listening 4
Daniel: Very funny, I just like the idea of argUing a case, I think 1 I'm a newly qualified lawyer and I've just landed a job as an
ird be exciting, What about you? associate at a mid·size law firm, The firm offers a wide
Anna: Actually, I'd like to work for a big corporation and advise range of commercial law services, Our lawyers provide
them on their legal affairs, as in,house counsel, I've heard advice on many different legal areas, including banking law,
the work can be very challenging, What are your plans, corporate law and corporate tax, employment iaw,
Jacob? commercial litigation, property law, to name a few, In the
Jacob: I'm thinking about becoming a solicitor. I'm not that next months, I'll be rotating through some of the
interested in pleading cases in court. I'd rather do research departments to get an idea about the different practice
and give legal advice - I think that'd suit me better. areas, At present, I'm working in commercial litigation and
am enjoying it. My duties Include a good deal of client
liaison, lots of research and some writing of briefs and
Listening 3 letters, Urn, while I'm at this firm, I intend to speciaiise in
an area of the law that involves a lot of trial work, because I
Mr Nichols: So, at this POint, I'd like to ask you if there's
think I'd really like to be a litigator,
anything you'd like to ask me? About the firm, for example,
Linus: Of course, I do have some questions, I guess I'd like to
know what irs like to work here, Urn. I wonder if you could
you describe the firm's culture for me?
2 I'm a sole practitioner In the area of employment and because irll improve your future job opportunities. Have you
labour law In a small City. Some of the legal issues I heard that yet? well, Irs definitely true. I'm now in my last year
commonly deal with are wrongful lemllnation, sexual here, and I started domg summer and WInter CIer1l.shIPS In my
harassmeflt. and discrimination on the baSIS of gender. age, first year. It's been a tremendous Iearmng expenence.
religion, disability, natIOnal ongln or race. I also handle wage
Most of my clerkshlps have lasted for a penod 01 four weeks.
and overtime disputes. employment contracts. publlc·sector I've lned to vary the firms I wol1l for, Irom a small two-man firm
employee issues, and disability and workers' compensatIon nght through to a huge global firm. Each firm was different. At
ISSueS. I counsel clients about their nghts and options. I smaller firms. I was expected to be more independent and was
also provide advocacy for them, including representation in
responsible for more things. I liked that a lot. Since I was
mediations, arbitrations and litigation. My clients are
usually the only clerk there at the time. I'd have to do whatever
primarily indl~iduals. They usually need ad~ice in handling
work needed to be done.
personnel matters and resolving disputes, Two paralegals
assist me in my work at my offICe, Working at the bigger firms was quite different. I was usually
3 As an attorney. I protect the innovations and il1Vef1tlons of one among many clerks. The work I performed there tended to
my clients. I represent both plainlJffs and defendants In concern bigger cases that were qUite Important and so !hey
trade-mal1l. traele-secret and Copyright Infnngement SUits In had more ·preslJge-. That was really interesting. At the larger
both state and federal courts. I have a good deal of firms. I usually had a chance to move between groups In
expenence In domalfHlame disputes. I carry out different practICe areas. helping out where needed. thIS
Intemational trademark and service-mal1l registratlOfls and allowed me to ga,n some msight into what was involved 10 the
do availability searches and clearances of marks, trade legal work camed out in these teams and In the different
names and logos. My work also Involves providing practice areas.
counselling to photographers, arChitects, graphic deSigners At the smaller firms, I wrote case briefs for the partners and
and creators of fine art. I try to give them an understanding associates. and all kinds of correspondence with clients from
of the laws and procedures that affect them and their the first day on, whiCh I liked doing. At the bigger firms, I was
bUSinesses. I also serve as a tnal consultant and expert asked to do research and to help to maintain court books.
witness In IP law. For bigger cases requinng additional That was a usefulleamlng experience, too.
staffing and resources. I have a good working relationship
In my opomon. the main advantage of a clerkship at a large firm
With a large IP firm and can arrange representalJon under
is that you meet a lot of new people, There's a big network of
ttus firm if a client requests it. This reqUires a separate
people - so many different lawyers and chents. There's also a
retamer agreement.
greater emphasIs on learning and develoPing the vanous skills
4 I'm a senior partner In a large law firm. My maIn areas of
expertise are compelJtlon law and international trade law. I a lawyer needs In courses and semmars.
adVise domeshc and International clients on all aspects of I must say that both the larger and the smaller firms tned to
competition and International trade laws, including domestic give me a sense of being a part of the comP<Jny. as if I really
and multijurisdictional merger transactions. criminal cartel belonged to their tearn. At the larger firms, I was even invited
cases. and trade and pricing practices. I represent clients to some of their social events, and that was really fun.
before the Competition Tnbunal in merger transactions. I However, the smaller firms definitely made you feel more
advise clients on a regul<:1r baSIS With respect 10 restrictive comfortable: everything was more Inendly and relaxed. But in
trade practiceS under the CompetllJon Act. Some of the both tYpes of firms I never felt that I was wasting my time,
IndUStrieS my clients come from Include transportatlOfl,
My advice to you all IS that trS really Important to try to do
steel, pulp and paper. telecommumcalJons. medIa and
cIeI1IshlPS, startq Ifl your first year of law school. I also thll1k
entertairvnent. financial serviCes, electronIC products and
Irs valuable to get 10 know a vanety of firms, WIth different
servICeS. food serviCes. and consumer products. On a
practJCe areas and dIfferent sizes. I'm sure It will help you decide
regular basiS I wnte papers and hold presentations for
what kind of law you want to prnctlse later, and wtlat kind of law
business and profeSSional audiences on various tOPICS
firm you'd feel most comfortable m.
dealing with competition and international trade law.
S I'm a shareholder in my firm and am head of my firm's
Litigation DiviSion. I represent landlords. tenants,
developers and contractors and have tried many cases
Unit 2
(mostly to successful conclUSion) in court or arbitration. I
assist clients WIth all types of real-estate-related litigation,
Listening 1
Il'ICluding lease and contract disputes, mortgage Ms Norris: So, based on all the background Information you
forecloSlJres, property-tax disputes and land-ose disputes. prOVIded me WIth, my strongest recorrvnendation IS for you
My practice also Involves all types of real-estate to lnc0rp0f8te for lhe reasons we diSCUSsed.
transactions. In addition to lectunng and wnting aboUt rea~ Mr O'Hara: All nght. Of course. I !nJst your Judgment. But I'm
estate Issues lor professional groups. mcluding lawyers. completely new to thiS. How does It work exactly? I mean, I
accountants. lenders and real-estate professionals. I teach assume that the paperwork has to be drafted by you aod
courses on real-estate law for law students at the local filed with the State ...
university. I'm an active member of several professional Ms Norris: Weli, urn, let me begin by teillng you about how tile
organisations. including the state and national bar process workS in our state. in Deiaware. You know, qUite a
associations, to name but two. few large corporations choose to mcorporate here due to
our highly developed corporate legal system.
Mr O'Hara: Right. So what do we have to do first?
Listening 5 Ms Norris: The first thing you have to do IS select a name -
but the incorponllor has to check whether that IlSme is
HI. for those 01 you who don't know me yet, my name's RIChard
available in the State.
Batley. I'm here to tell you about my expenence domg summer
Mr O'Hara: The incorporator?
and WInter clel1lshlps, In law school. the profesSOfs WIll always
tell you that irs Important to do some sort of work expenence