Английский язык. Мачнева В.В - 23 стр.

(5) 13 drafts documents … the firm
(6) 14 successful negotiation resulting … a settlement
(7) 15 in the light most favorable … the client

      5.3 Read the text and try to understand it. Consult the vocabulary notes that
follow

                                        Selecting a lawyer
      (1) No lawyer is an expert in all of the above roles or in every substantive area of
the law. Some lawyers concentrate their practice in the area of counseling, while others
develop and utilize specialized skills in advocacy. Some attorneys concentrate on
antitrust law, while others specialize in tax law. For these reasons, it might seem
desirable for the corporate client to choose a lawyer based on the specific problem that
arises. However, this is not always feasible. First, lawyers do not normally “hang
specialty shingles”, and in most states they are prohibited to do so. Consequently it is
difficult for the business manager to know whom to call upon among the ranks of
specialists. Second, specialists have a narrow focus on their specialty and lack a
perception of the big picture. Selecting a generalist as corporate counsel has its
advantages. The general practitioner can effectively handle most of the routine problems
that confront a business firm. When a problem arises that necessitates a specialist, the
general corporate practitioner is in a position to refer the client to one. The general
practitioner will then be in a position to assist the client by briefing the specialist on the
problem, thus saving valuable time.
      (2) Large companies hire lawyer and establish their own inside law firm. In house
lawyers have the advantage of being closer to and more familiar with the business firm.
They are hence in a better position than outside counsel to quickly identify and react to
potential legal pitfalls and render on-the-spot advice. When a problem necessitates
specialized attention, it can be referred to outside counsel.
      (3) A lawyer is not permitted to solicit clients by direct contact. A person needing a
lawyer's service must take the initiative and should contact counsel early and not wait
until the problem intensifies. It is better to have a lawyer draft a contract than to call a
lawyer to remedy a problem arising from a contract poorly drafted by the client. If a firm
has retained counsel or has an ongoing professional relationship with counsel, then that
counsel can take the initiative when aware of an activity or law that will affect the firm's
business. This is not deemed solicitation since a lawyer-client relationship already exists.
      (4) It is important that the make a full disclosure of the facts relevant to the given
problem. If an attorney's opinion is based on anything less, the opinion is incomplete. A
general understanding of the law affecting the business will help a business client to
detail the material facts and avoid irrelevancies when communicating with a lawyer.
Understanding the lawyer's role will facilitate communication. For example, a lawyer's
questioning when seeking information from a client may sometimes seem accusatory.

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