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UNIT 2
CONSULTING A LAWYER

(A person form a joint - venture company goes to a law office to hire a lawyer who can represent his company in a lawsuit.)

A= lawyer; B=client

A: Is there anything I can do for you, sir?

B: Yes. Our company is engaged in a lawsuit concerning international trade. We'd like to engage a lawyer to act on our behalf. Could you tell me if we can engage a lawyer from your law firm?

A: I think you've come to the right place. To be honest, we have rich experience in handling cases involving foreign-related matters. We have a lot of excellent lawyers who have both a good command of English and legal expertise.

B: Really? That's wonderful. What if we'd like to engage your firm to act on our behalf?

A: Our practice is we will have a face-to-face talk about the case and lawyer fee first. After we reach a consensus , you'll be presented with a formatted agreement of entrusted agency for your reading and signature.

B: What's the agreement about?

A: It includes without limitation entrusted matters, lawyer's mode of work, sphere and description of authorization by the client, sum and mode of payment, default , terms of revocation and settlement of disputes, etc.

B: Can I have a look at a sample agreement?

A: Sure. Here it is.

B: If there's disagreement as to the terms stipulated in the agreement, is there any possibility of making changes?

A: Yes. As I said earlier, the agreement is based on what we agree on.

B: I see. After concluding the agreement, what shall I do?

A: You must present us with a power of attorney .

B: What do you mean by a power of attorney?

A: A power of attorney is a legal instrument which specifies matters, terms and scope of attorney.

B: Anything else?

A: Then perform your obligation of paying the bill and cooperating with your lawyer and meantime enjoy your lawful rights in your litigation or non-litigation process.

B: I see.

A: OK. Please feel free to contact me if you have any question.

B: Thank you for your information and time.

New Words & Expressions

consensus [kənˈsensəs] n. 一致; 舆论; 一致同意,合意

entrust [ɪnˈtrʌst] vt. 委托,托付

sphere [sfɪə(r)] n. 球(体); (兴趣或活动的)范围; 势力范围; 天体,如行星或恒星

vt. 形成球体; 包围,围绕; 置于球面内部

authorization [ˌɔ:θəraɪˈzeɪʃn] n. 授权,批准; 批准(或授权)的证书

default [dɪˈfɔ:lt] vi. 未履行任务或责任; 受传唤时未出庭; 由于不到庭而败诉; 弃权

vt. 未履行,拖欠; 未参加或完成(例如,比赛); [法]因未到庭而败(诉)

n. 未履行,拖欠; [法]未到庭; 弃权; [计] 缺省,默认

revocation [ˌrevəˈkeɪʃn] n. 废止,撤回

stipulate [ˈstɪpjuleɪt] vt. (尤指在协议或建议中)规定,约定,讲明(条件等)

vi. 规定,明确要求

attorney [əˈtɜ:nɪ] n. 代理人; 律师

litigation [ˌlɪtɪˈgeɪʃn] n. (律)打官司; 诉讼

Exercises

I. Change the sentences to a more polite form.

1. Be sure to arrive on time for your scheduled appointment.

2. Is there any possibility of winning the case?

3. What do I do if I just cannot afford a quality lawyer?

4. Please recommend a good lawyer to me.

5. Tell me when the court will hear this case.

II. Role-play

Work in pairs; try to give your advice or recommendation for the following situations: Your cooperating partner fails to perform its contractual obligations. WCCxcPtWyyIqGVndXoZjzh1v/b68JizVxka5gdDcH2bufdo4CAxfWt+gICdQ/dKR

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