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Extract OneThe six months I spent in Milan were amazing. It wasn’t just that I was part of a smaller team, it was also that I had to work with other local firms. I’d worked with the Italian office before, during a banking deal, but being on the spot meant that I could really grasp how things work out there. That experience helps a lot when you get home. I think that the firm’s smaller European offices are different from, say, Hong Kong or Singapore – which are much more what I would be used to back home – so it was a good choice for me. I think sometimes as a trainee it can be difficult to see the significance of some of the work you do. It took me a while to appreciate the fact that without the routine elements, transactions simply can’t complete successfully. Working in the firm’s Milan office was an eye-opener for me as it’s a smaller outfit than back home and there’s less in the way of practical support, so it made me realise the importance of getting every detail right and still being efficient about it. Even as a trainee, there’s a need to manage effectively and delegate. Now you will hear the recording again.
Extract TwoLawyer: Good morning Robert. Thank you for coming. I just wanted to update you on where we are concerning your case.Client: Oh, yes, that would be really useful.Lawyer: Basically, what’s happened is that some neighbouring homeowners have been granted a Temporary Restraining Order, preventing your company from carrying out any further chemical operations on your property. What happened was that their lawyers were able to convince a judge that your chemical operations are contrary to your zoning status. They’ve also got some evidence thatchemicals may be leaking onto their land. That’s how they met the requirements necessary to get an order, and they’ve posted a bond to cover any loss you might incur.Client: So when do I get any say in the matter? It seems ridiculous that they’re complaining about the chemical operations when the local authority has no problems with it. We’ve been doing it for six years.Lawyer: Yes, I know Robert … and with the local authorities on our side. I wouldn’t be overly worried. However, apparently the homeowners do have some photographs to submit which may well support their argument. A hearing is scheduled for next week to determine whether cause exists to continuethe order or not pending a full trial. At the hearing, you’ll need to testify and provide the technical background.Client: I see.Now you will hear the recording again.
Extract ThreeF: Your new recruit called me about the Thwaite case the other day. How’s she getting on?M: Claudia? She’s not doing badly actually. She certainly keeps the paperwork moving – which is more than can be said for her predecessor I must say. I’m already able to leave most routine aspects of cases to her without feeling I need to look over her shoulder every two minutes to make sure she’s coping OK. My only reservation would be that I feel she’s got a little too involved in this Thwaite case; that she’s not quite embraced the firm’s team approach completely. I’ll have to find a way of broaching the issue with her. What about your chap, Pedro?F: Pedro’s doing fine too – just a few rough edges. I got a bit worried about his interpretation of one client’s needs though. He hadn’t quite realised that some of the work he was undertaking, though appropriate enough in itself, was rather, time hungry in ways that weren’t moving things forward – I had to explain the cost specifics. He took what I said very well and probably just needs to attend a session on research techniques, you know, something on targeting the answerable questions.Now you will hear the recording again.
Part 2Lawyer: Good morning. I’m Malcolm Travis.Anna: Good morning. Anna Krupa.Lawyer: Pleased to meet you. First of all, I have to ask you, has the firm acted on your behalf in any other matter?Anna: Not exactly. My husband was a client of your firm some years ago. He works in the insurance sector, but it wasn’t a commercial matter – his siblings were contesting the contents of their parents’ will – so it’s of no relevance to what we’re dealing with now. But he was happy with the firm, so that’s why I’m here.Lawyer: And I understand you’re interested in setting up your own business?Anna: That’s right. It’s time to capitalise on my experience and training. I’ve been lucky; soon after graduating, I got work with an innovative software company and was involved in a highly successful project. Then I was head-hunted by a larger company, where I stayed for 12 years. That was mylast job. I got quite a generous severance package from them, which I’ve put to good use. I’ve taken time out to develop some research projects of my own, free from the pressure of having to look for another post. Lawyer: Why did you leave them, may I ask?Anna: Well I had some minor differences with my line manager. You know, little things like I wanted to upgrade the medical insurance plan that was part of the salary package, and they refused to pay. But although it was a combination of factors, the main trigger was getting passed over for a promotion. That’s when I decided that I’d rather work for myself – so I quit. It was quite amicable, but I’m still a littlebitter about not getting the credit I felt I deserved. Lawyer: And do you have a copy of the employment agreement? The reason I ask is because often they contain a restrictive covenant.Anna: I do remember that there was something that prevented me from taking their customers, but I don’t think it said anything about not competing with them in a more general sense – you know geographical location, confidentiality, those sorts of things. In any case, if memory serves me correctly, it was only operative for one year after leaving and that’s passed now – but I’ll check it out. I’ve still got the agreement somewhere – would you take a look at it for me to make certain?Lawyer: Absolutely, I would need to. So what are your priorities at the moment?Anna: Well, I’ve come up with what is basically a new kind of software package – an invention if you like. I’ve already applied for a patent, so that’s all in hand, but I need to be thinking about a business plan before I approach the bank for a loan to cover the start-up costs. You know, I’ll have to conduct live trials, think about business premises, even staff eventually. But I want to keep my overheads down,so I’m looking for ways of doing that which allow me to maximise any investment I make. Could you advise me on such things?Lawyer: Indeed we could. Let’s talk about the business plan first. Now you will hear the recording again.
Part 3We’ve got a few minutes before our next session, so there’s just time to give you some information about an upcoming conference on the topic of tax incentives in Latin America. The two-day conference will be held in Miami, Florida on the 17th and 18th of March and is being presented by the taxation section of the International Bar Association. Delegates will have the opportunity to update their legal knowledge and meet leading international tax lawyers and industry experts. The conference should appeal to accountants, economists and corporatelawyers dealing with international tax issues in Latin America. If you register now, conference fees can be as little as $485, even for non-IBA members who fall into certain categories; for example lawyers under thirty, full-time academics and judges. To get thesereductions, however, you must register before the 18th of February. After that, fees increase to $845 for non-members and $745 for IBA members. If you wish to attend the conference dinner, there is anadditional charge of $120. Otherwise fees cover attendance at all working sessions. These will be in English and English-Spanish interpreting will be provided. You will also receive, in advance, all conference materials, including any speakers’ papers submitted before the 11th of February, and you’ll be able to get on to the IBA website in the seven days prior to the conference. During the conference itself, lunches, light refreshments and evening receptions are also included in the fee. A key feature of this conference is that it will be run partly as a competition for selected young lawyers who will each present papers on a particular incentive or disincentive in a Latin American jurisdiction. The best speaker amongst them will be presented with an award at the Closing Reception. If you’d like to take part, you need first of all to be under forty years of age and be ready to do a 15-minute presentation. The topics of the six sessions are as follows: On the first day, sessions will focus on tax incentives in oil and mining activities and in the financial services sector. If none of those topics appeals, then the following day’s programme might hold more interest for you. That’s when the emphasis will be on tax incentives in utilities, in ecotourism and in the real estate sector. Each speaker needs to present a particular incentive or disincentive in a local Latin American jurisdiction together with the reasons for implementing it. The effectiveness of local tax arrangementsfor attracting foreign investment should also be addressed. Each presentation will be followed by a panel discussion which further investigates the issues raised. Finally, if you’re hoping to attend the conference – whether as a speaker or a delegate – and you live outside the USA, you may need to think about a visa. The conference organisers would like to stress, though, that they are unable to issue a letter in support of any application until they have received a completed registration form and the full fees. So, if you’d like more information about the … [fade]Now you will hear the recording again.
Part 4Now look at the fourth and last part of the test. Part four consists of two tasks.You will hear five short extracts in which various employees of a law firm called Haddiscoe are talking about working for the company. Look at Task One. For questions 21–25, choose from the list A–F the thing that impressed each speaker about the firm initially. Now look at Task Two. For questions 26–30, choose from the list A–F what each speaker regards as the most valuable experience they have gained whilst with the firm. You will hear the recording twice. While you listen you must complete both tasks.You now have 40 seconds to look at Part 4.
Speaker 1I’d applied to various law firms, and been put off by the very traditional image you get from all the paperwork they send you. Haddiscoe stood out as different, they dispensed with all that; just invited me in for a fairly laid-back interview, which really suited me. Once I’d settled in, I realised not everything was quite as flexible and friendly as the recruitment staff had suggested. But never mind; I got the chance to work with people who really know their stuff in fairly specialist areas of the law. They could be difficult at times, and it was a steep learning curve for me, but brilliant training – giving me a future as a specialist in those areas too.
Speaker 2I’d trained with another firm where working conditions were excellent, but I was fairly ambitious, and could tell from the interview that at Haddiscoe I’d be able to branch out into all sorts of areas that interested me for the future – particularly the regulation of financial markets – I couldn’t have got thatanywhere else so early on in my career. You couldn’t pick and choose, of course, but I was lucky, getting taken on as assistant to a partner on a multi-million-dollar financing deal. I got to workdirectly with the financiers, drafting a whole document from scratch. It was only one aspect of the project, but that direct contact gave me real insights into that branch of the law.
Speaker 3At first, I wasn’t sure that I fitted Haddiscoe’s image, having trained in a more traditional firm, but I did eventually find I had lots in common with my colleagues. What actually attracted me was the firm’s willingness to experiment with different ways of working, even for more junior staff; staggered hours, the option of working at home sometimes – it was all refreshingly forwardlooking. Once there, the most beneficial thing for me personally was working as part of a team on complex international projects where we’d liaise closely with various overseas offices. It wouldn’t have been my choice because nothing in my previous training had prepared me for that, but I gradually acquired the necessary expertise.
Speaker 4I’d read a very positive article about Haddiscoe in the press, but it was only at the interview that I sensed how intent they were on expansion. I reckoned that would mean training opportunities, interesting work with high-profile clients, etc., so I didn’t even apply to any other firms. In actual fact, I’ve mostly been involved with fairly routine work with little opportunity to branch out. It wouldn’t have been my choice, but it has meant that I’m trusted to do more things on my own. Like when the partner takes me along to meetings and then leaves all the follow-up to me – drafting the documents, preparing for the signing, etc. Some colleagues recruited more recently don’t really get that.
Speaker 5Friends working at Haddiscoe seemed quite enthusiastic, but colleagues aren’t everything, so I got hold of a copy of the firm’s mission statement. It might not be the best way to choose an employer, but I found myself in sympathy with their general approach and so applied. I was pleasantly surprised by thevariety and the scale of the litigation projects I got involved in, though I have to be flexible. But the real plus for me is the chance I get to pass my knowledge and experience on to newer recruits. Devoting time to the induction course means less contact with clients, which might mean less higher-level work inthe future, but the rewards far outweigh any drawbacks. Now you will hear the recording again
INTERNATIONAL LEGAL ENGLISH CERTIFICATE D015/3Test of ListeningSaturday 6 MAY 2006
Part One.Extract One. Questions 1 to 2.You will hear two young lawyers who work in a large firm discussing their work.M: So how do you find working in the Competition team?F: Well you get to play a number of roles there which involve a high level of exposure internally and with clients. First of all, you have to discuss with the client the likely response of competition authorities to a proposed transaction – that can get tricky at times. Then if the client decides to proceed, we liaise with the Corporate department in order to structure the transaction. We also work closely with the client and economists in preparing submissions to competition authorities throughout the world; so a broad spectrum of people is involved in any one deal, which is the aspect that appeals to me actually.M: Any tips to share with anyone just starting there?F: If a partner asks you to do some work or a client calls you with a problem, try and think outside of the box. Lateral thinking, which allows you to develop and convey an innovative legal solution, is really appreciated by clients. You’re hardly going to come up with something nobody’s ever thought of before, but you might see a familiar problem from a new angle.
1 What aspect of working in the competition team does the woman enjoy?A dealing with a wide range of peopleB predicting how a transaction will be viewedC co-ordinating the work of different departments
2 She advises new members of the team to beA familiar with typical problems that arise.B imaginative in their response to problems.C prepared to see problems from the clients’ viewpoint.
Extract Two. Questions 3 to 4.You will hear a conversation between a lawyer and her client, Mr Shaw, on the subject of collecting debts.F: Well, Mr Shaw, in answer to your question about pursuing overdue debts, the first thing to ask yourself is – is it really worth it? You want to be sure you have a reasonable chance of recovering the debt, and that it will justify the expense and effort of pursuing it.M: That’s exactly my dilemma, yes.F: It may be best simply to write off small debts - say, less than £100, although you should consider whether this would create a situation whereby other small debtors were encouraged not to pay.M: Yes, that’s what I was thinking.F: For larger debts, if the customer is in cashflow difficulties and simply cannot pay, there is no point in demanding immediate payment in full. You may want to try to negotiate part payment and reschedule the debt – confirmed in writing – this can at least help you recover some of the money you are owed, and improves the chances of maintaining a good relationship if the customer’s problems are only temporary. A compromise agreement could allow for interest and can also allow you to avoid the effort and expense of taking further action.
3 Mr Shaw agrees that writing off small debts mayA represent a sensible course of action.B have undesirable consequences.C cause him short-term financial difficulties.
4 The lawyer points out that her suggestion regarding large debtsA may have certain practical advantages.B could lead to her client being charged interest.C means that the whole debt will rapidly be recovered.
Extract Three. Questions 5 to 6.You will hear two lawyers talking about a court action between a football club and its formermanager.M: Did you hear – we won our Court of Appeal ruling on behalf of Sergio Durazzo.F: Wasn’t he the football club manager who was sacked?M: Right. Durazzo took the club to an employment tribunal and won €645,000. The club appealed, claiming it had suffered losses as a result of Durazzo’s actions.F: I remember. We represented Durazzo, didn’t we? The High Court found he wasn’t in breach of his contract, and awarded €3million in damages against the club.M: The club appealed against that judgement, but today the Court of Appeal handed down a unanimous decision dismissing the club’s appeal, upholding the judgement.F: Nice result.
5 Why was the action brought to court?A The football club did not accept the decision of an employment tribunal.B The manager wanted to appeal against the level of compensation.C The football club refused to reinstate the manager in his post.
6 The lawyers were pleased because the courtA dismissed the claim that the manager had inflicted losses on the club.B agreed that the manager would not have to pay damages.C supported the previous decision in favour of the manager.
Part Two. Questions 7 to 11.You will hear a lawyer called Paul Edwards answering questions from a seminar audience aftergiving a talk on environmental law. For questions 7 – 11, choose the best answer A, B or C. You will hear the recording twice.
Organiser: Well, thank you Mr Edwards for a most interesting and informative talk. Would anyone like to begin the question-and-answer session? Yes.Woman 1: Thank you. Doesn’t environmental law attract a lot of rather idealistic young trainees?PE: Of course, law graduates who are concerned about the environment go down this path, but the fact is, it’s not on a par with, say, a career working for a pressure group on saving the earth. Because, at the end of the day, the law is all about being dispassionate and the fact is, people could end up working for the very companies that such groups are campaigning against. So my advice would be, go into it for the interest in the environment and the interest in business. Yes?Man 1: But what about smaller law firms?PE: Well certainly there are small specialist firms, who while not radical green ‘flag-bearers’ by anymeans, do nevertheless fit more closely with a popular image of environmental lawyers - they often work on claims brought by pressure groups and concerned citizens. But claimant work is a niche area, and it is often difficult to get cases off the ground because legal aid is hard to get for those sort of cases, so such firms risk being very considerably out of pocket. ..... Who’s next? Yes?Woman 2: You spoke about big businesses. Does their lack of environmental conscience worry you?PE: Well I was saying that my aim is to work with them to achieve sustainable development, so, I really think there’s a bit of a myth at work here. Many companies are in fact acutely conscious of their public image and therefore aren’t necessarily looking to their lawyers to advise on …. how shall I put it ..... the minimum they can get away with. ..... lady at the back there, your question?Woman 3: What are the issues involved when dealing with the protection of animals?PE: Well, for example, my firm recently advised a housing association on a protected species, in this case slow-worms, found on land they wanted to develop. Before this could happen, the slow-worms had to be relocated. It is a legal offence to intentionally kill or injure a slow-worm in this country. If you don’t know of the slow-worm’s presence until after you have killed it, then no offence is committed. But if you became aware of the presence of a protected species part way through the development, you would be required to stop until measures were taken to protect them. Of course we’ve had lots of cases just as unusual and each one has been a real learning curve for me. .....One last question?Woman 4: What aspect of your job provides you with greatest satisfaction?PE: It’s great fun. You deal with everything from highly intellectual matters to the practical aspects of an oil spill – so you need to be on top of the technical details. I’m very grateful for my scientificbackground in this respect. Then there’s the international nature of the practice. There’s a constantstream of proposals for legislation from the European Commission. But above all, it’s just the factthat it’s a lot more ‘real’ and relevant than many other areas. You’re dealing with land, water and air – so it’s simply more tangible.
7 What does Paul say about the type of young lawyer who is attracted to environmental law?A They may find it difficult to get employment.B Most of the cases they deal with are essentially about other matters.C The commercial reality of the law may clash with their beliefs.
8 What does Paul think about the claimant work done by smaller law firms?A The support of the public allows it to be taken forward.B Cases are rarely heard due to lack of funding.C It is likely to grow considerably in future years.
9 What does Paul say about the attitude of big businesses towards the environment?A They tend to be much more aware of the issues than the public realise.B They sometimes form unwise policies through lack of legal consultation.C They do not always act on the legal advice they are given.
10 The protected animals that Paul tells us about provide an example ofA the consequences of clients ignoring the law.B the frustrating nature of much of his environmental work.C the diversity of the environmental cases taken on by his firm.
11 What does Paul enjoy most about his job?A its fundamental importanceB its intellectual challengeC the communication with international bodies
Part Three. Questions 12 to 20.You will hear an announcement at a meeting about a future international conference for lawyers.For questions 12 – 20, complete the sentences. You will hear the recording twice.
Just before we begin the meeting, I want to mention the International Law Conference in Stockholm. I’ve had the final confirmation of the programme, so I’ll run through it briefly, picking out the sessions that I think will be of most interest to our firm. The conference opens on Wednesday the 29th of September, and the Law Firm Committee has, as usual, organised a breakfast meeting. This is intended for Managing Partners of firms who are attending theconference, and will be a good opportunity for informal discussions. All the morning sessions begin at 9.30, and one seminar which is of particular relevance to us focuses on trust litigation from the beneficiaries’ perspective and discusses issues of taxation and the implications of recent damages claims. The proposed growth of the European Union is of vital interest, and there is a discussion group on the topical issues of environment and health and safety law in member states. The name of the session is The Implementation and Enforcement of EU Environmental Law, and I hope there will be a representative from our office to put forward ourviews on this important subject. Still on the subject of the environment, the last session before the break is about good governance in this context, and on the particularly conflictual area of water rights. I’m keen for our firm to involve itself in this sensitive topic. We have the opportunity to join the Legal Practice Division for lunch, then the afternoon programme begins at 2pm. There is a presentation about alternatives to bank borrowing – always interesting – but what is of great relevance to us is the area of international sales, and there is a useful-looking seminar on the termination of agency agreements and franchise distribution. We are taking on an increasing number of cases connected to copyright and entertainment law, and one of our partners will be reading a paper at a session on the subject of privacy rights and image rights. That’s one not to be missed. Some members of the firm are interested in patent law and keen to take on more work in this area, and there is a presentation on patent cases that make use of an expert witness. I agree that this is an increasingly important sector, and our firm should keep up to date with all new developments. Finally, back to the mainstream business law sector, which of course brings in the bulk of our revenue. A forum has been organised with the name Corporate Law. As many of us as possible should attend that for at least part of the afternoon.So, as you see, there’s a full programme. I suggest ….
Law ConferenceWednesday programmeThere will be an early morning meeting for the (12) ........................................ of participating firms.There is a seminar on trust litigation that examines(13) ........................................ issues and claims for damages.There will be a discussion with the title ‘The Implementation and(14) ........................................ of EU Environmental Law.’The last session on the morning list concerns good governance in the specific area of (15) ........................................ . There is an option to join the Legal Practice Division for (16) ........................................ .A seminar on terminating franchise distribution and(17) ........................................ agreements is strongly recommended.Regarding entertainment law, a paper on the right to(18) ........................................ and image rights is recommended.There will be a presentation on the use of the(19) ........................................ in patent cases. It is possible to participate in the event entitled (20) ........................................ Law.
Part Four. Questions 21 to 30.
Speaker OneEighty-eight percent of respondents to the survey said they’re upbeat about their firm's prospects for next year, while 12 percent said they’re uncertain. So the mood seems largely positive, and in line with this, seventy-three percent predicted that profits per partner would increase by over 5 percent. And, like last year, litigation was the practice area that most respondents thought would grow fastest: Forty-nine percent said that litigation would bring in their largest expansion in turnover, and 56 percent predicted their biggest growth in client head count would be there. Corporate work placed second, both in profit – 33 percent – and head count – 27 percent.
Speaker TwoTimes have been tough, but it's clear to me that law firms currently feel confident to assert an aggressive pricing policy with their clients. Hourly rates will certainly increase: 44 percent of firms have planned hikes of more than 5 percent; 45 percent have planned hikes of 5 percent or less. Indeed the vast majority say they intend to raise rates this year – most at a pace that again exceeds inflation. And why not? For years firms have found it necessary to hire expensive non-legal employees, but have successfully passed along these and other increased costs to clients.And in my opinion that fact, more than any other, explains their remarkable success during a period when the economy has been struggling.
Speaker ThreeRecently there’s been increased discussion of client discontent, but there’s little evidence of real revolt. For instance, 43 percent of our respondents reported no change in conduct regarding collections last year – that is, bills were paid. However, I found that a greater number – roughly two-thirds of respondents – said there was greater demand for discounts this year. Clearly there’s bad feeling – but people are talking more than walking, a fact which surprised me when it turned out that 52 percent of CEOs in the survey reported that over the last year they’d met with representatives of five or fewer of their firm's top 20 accounts to discuss the firm's performance.
Speaker FourAccording to the survey there’s some evidence of client dissatisfaction, but unfortunately, given the culture in some firms, it's not necessarily the CEO who would be the first to know about this. It’s still the case in many law firms that partners jealously keep information regarding clients to themselves; and compensation systems do nothing to reward the sharing of data. Both those outdated customs fly in the face of all the elaborate and expensive efforts that firms have made to become more corporate, more businesslike. For me, firms can’t have it both ways. A CEO who needs permission from a partner to visit a major client may be many things, but a business leader isn't one of them.
Speaker FiveAfter revenue issues, most of our respondents talked about corporate expansion. About two-thirds of them said they plan to open a new office or greatly expand an existing one. Twenty-six percent – about the same proportion as last year – reported that they’re seeking a merger partner. But there are numerous traps, as evidenced by the number of firms that have failed or lost their independence. We asked the leaders to state their biggest challenge. The list was familiar but no less overwhelming: manage growth, integrate suppliers, expand key practice areas, anticipate client needs, find new business that can pay their rates and go for aggressive growth while vigorously maintaining corporate culture.
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ILEC Listening May 2007TranscriptPart One.Extract One. Questions 1 to 2.
Lawyer: When a company wants, for example, to buy new machinery or invest in property, it can choose to sell shares to investors – this is called ‘equity finance’ – or it can utilise ‘debt finance’ – that is, take out a loan at the bank. Most commercial loans start life as a term sheet which is negotiated between the bank and the borrower. Our job as lawyers is to turn the term sheets into legally binding documents, so we’ll find ourselves carrying out due diligence on the borrower and checking that the conditions placed on the loan by the bank – the ‘conditions precedent’ – are in place. Loan transactions often have tight timescales from the date we as lawyers get involved to the date when the bank is expecting to pay out – so there’s considerable pressure to get the documents agreed by then. If deadlines slip, the unlucky borrower may find the asset he needed the funds for is no longer obtainable. And the bank’s approval of a loan will often be conditional on the money being lent by a certain date – if this deadline is missed, approval by the bank may have to be sought again and this time it might well be refused.
1 What is the lecturer doing?A outlining a caseB explaining a procedureC providing a solution to a problem
2 The lecturer refers to the possible unavailability of an asset to illustrate A the caution displayed by lending banks. B the uncertainty attached to such purchases. C the speed needed in preparing paperwork.
Extract Two. Questions 3 to 4. F: So, how did you get on with the antitrust book? M: Oh, it’s great, isn’t it? I mean, you know how many others there are on the subject, but this one must be unique. F: Because it takes a sort of philosophical look at the basic principles, you mean? M: Exactly. F: But that doesn’t make it an easy read! M: No, I found I was having to skip the difficult bits here and there. But I can see it would be really useful for people specialising in that area. Hardly likely to sell in large numbers though. F: More of a reference book, mmm, as the writer says in his introduction, I seem to remember. Now look, on our course we’ve got competition law on the syllabus. Don’t you think we should be spreading the word around about this book? At the next lecture, maybe? M: I don’t know. At our level, we probably need to know more about the regulations than the philosophy of it; so it might not be essential reading. And when you think of the size of our reading list, it hardly seems worth it for everybody. F: Maybe you’re right.
3 How does the man feel about the book?A optimistic about its commercial successB relieved at being able to understand itC impressed by the originality of its approach
4 The woman mentions the course they are both attending because she is A considering recommending the book to other students. B underlining a point made by the book’s author. C questioning the book’s relevance to their studies.
Extract Three. Questions 5 to 6. Lawyer: I suppose, if I had to describe what I do, in a nutshell, I’d say a typical commercial dispute from start to finish involves; pre-action investigation of a claim, taking statements from witnesses and experts, trial preparation and then the trial itself. But it’s the tactics – the project management and the commercial context of the dispute – which bring the basic structure to life. And above all, it’s the changing mix of personalities that are inevitably involved from case to case, together with the interplay between them, that reminds me of why I chose this area of practice. I’ve been involved in a number of matters since my qualification into the department, quite a few large-scale cases, which require big teams of lawyers on both sides. There’s an emphasis on structured teamwork in these cases. Tactical and lateral thinking are important. There’s always in-depth consideration of the options available in acting in the best interest of the client; then keeping the client informed of what is and isn’t happening, and crucially all the implications of the course of action they choose. These big high-profile cases mean that PR implications have to be borne in mind at all times too.
5 What makes the work of a litigator interesting for Jon?A the detailed preparation requiredB the organisation of complex casesC the interaction between different people
6 Jon believes the main responsibility of a litigator is to ensure that A the client can communicate with the whole team of lawyers. B the client can make fully informed decisions. C the case does not damage the client’s reputation.
Part Two. Questions 7 to 11. M: Good morning, nice to meet you in person. Now I understand from our phone conversationthat you’d like some advice on putting together your business plan. F: That’s right. Thank you for seeing me at such short notice, I really want to get this idea rolling. M: Well, let’s start off by discussing what you’ll need to put down in your business plan. F: I’ve got it all worked out in my head so presumably some sort of outline on paper is what’srequired? M: Well, more than that. A good business plan will show that you have thought through eachcritical element of the business, identified the strengths and weaknesses and addressed thebusiness and legal risks. The process of putting all this down on paper usually shows up if anyissues have been overlooked. The business could face legal exposure if it’s not properlyfunded for example, or if it lacks the proper permits. F: And once the company is up and running does the business plan play any role? M: Indeed. To my mind, an effective business plan can serve as an excellent road map to keepthe business on track once launched. It’s often the case that the management team losessight of where it’s going when the business gets into financial difficulties. The business plancan serve as a reliable manual for the management in matters such as dealing withcompetitors, improving products or services over time, allocating capital, establishingmanagerial duties and responsibilities, to mention just a few. F: And I suppose that as a business grows, it needs to have more of its policy clearly stated inblack and white. M: Exactly, and the business plan can create a common expectation for the business strategy,between the owners and people like investors, partners and managers. This commonexpectation can reduce the possibility of a senior partner or manager becoming disappointedwith the way things are going and possibly even mounting a legal challenge. F: Yes, I can see the benefits to the company itself – I mean the internal benefits – but does ithave any benefits in terms of relations with external people like investors? M: Absolutely, it can be used to explain the business to prospective employers, partners, bankers and so on. Managers frequently find themselves in a position where they are required to justify why a bank, accountants or insurers for example, should get involved with the business. The business plan becomes a tool to help them describe the business. F: Well, I can see I really need to spend some time putting this together properly. Where wouldbe the best place for me to go to find examples of effective business plans that I can follow? M: There’s an enormous amount of help out there. The internet is good for giving an overall view of the many different types of business plan possible; a rather time consuming option though. I can give you some in-house templates but in your case the most detailed is in this file provided by the Business Training Council. You’re welcome to take it if you like and you can bring it back when you’re finished with it. F: Many thanks. That’ll be a great help.
7 The lawyer suggests that her client should write a detailed business plan because it will A make him check that he has not forgotten anything. B help him realise that he needs to reduce his financial risks. C allow him to emphasise the positive aspects of the project.
8 The lawyer believes an effective business plan can help a newly launched company by A protecting the business owner against bad managers. B giving managers a document in which to record developments. C keeping managers focussed during difficult periods.
9 According to the lawyer, a business plan may enable a growing company A to establish effective staff communications. B to avoid dissatisfaction at top level. C to attract good quality personnel.
10 In the lawyer’s opinion, in addition to its internal benefits, a business plan can A encourage financial institutions to work with the company. B illustrate the company’s range of business activities. C enhance the company’s wider public image.
11 For further help with writing a business plan, the lawyer recommendsA using the format shown in her company’s templates.B searching the internet for models or examples.C following the advice outlined by an educational body.
Part Three. Questions 12 to 20. Welcome to this conference on competition law. You have two full days ahead of you, so I’ll be brief. I want to outline the programme of events, alert you to a couple of slight changes in the programme and deal with some organisational details. We start this morning with a look at the economic principles underlying the acquisition of minority interests. A panel of speakers with wide experience in this field will provide detailed analysis of specific cases – making this, in my opinion, a more practical session than others today. It will be introduced by a brief theoretical guide to the law governing such cases. There’s a minor change in this afternoon’s timetable, to the timing of the first event, the talk on the latest European initiatives which will be at 2.30, instead of 2.00 pm. Since we’ve been lucky enough to get Todd Alders to come along as lunchtime speaker he will take up the 1.45 to 2.15 slot and tell us something about his work with the US Trade Commission. Following that, and beginning at 3.45, there will be a panel discussion on the subject of the abuse of market dominance. Although other marketing and distribution practices will be considered, the main thrust of the discussion will centre on the issue of ‘refusal to supply’. Tomorrow, day two, will start with a presentation by the US Antitrust Modernisation Committee and then there will be a formal debate, rather than an open discussion, on enforcement issues incompetition law. At this point I’d like to mention the conference website. We would welcome feedback from you on that. We obviously tried to give full programme details and also some speakers’ papers – that is those that we received in good time. I hope you found this useful – it should prepare you for the questionand-answer session that will follow tomorrow afternoon’s talk on private competition cases. The final event tomorrow afternoon will be a discussion on mergers, but please note that this session will now be chaired by Maurice Blick. I’m sure many of you will remember his talk on monopolies last year. As you will see from the programme, the principal speakers will be Alex Muller and Karen Duhs – this is unchanged. Just before you get down to the serious work of the day – I’d like to say how pleased we’ve been by the response to the various events we’ve organised so far. So much so we’ve decided to revise the scale of charges and introduce a reduced fee for trainee lawyers. For our next conference they will pay €515 as opposed to €680 for practising lawyers and law society members. And just a couple of details – I imagine some of you will have come straight here from the airport. Don’t forget that for those who booked into one of the designated hotels on our list the bonus is free transport, and in some cases free internet access as well – but you’ll have to check up on the latter. Finally – a number of continuing professional development or continuing legal education hours are available for this conference – the figure will vary for the different bar associations. Certificates of attendance can be obtained from the Registration Desk – just ask at the Main Reception for directions if you haven’t located it yet.
Conference on Competition LawThe discussion on minority interest acquisitions is described as being the most (12) ....................................... of the day.
The talk on the most recent (13) ....................................... will begin at 2.30.
The afternoon panel discussion will focus on (14) ....................................... as a form of abuse of market dominance.
On Day Two, the session on enforcement issues in competition law will be conducted as a (15) ........................................ .
The conference website included programme details and any (16) ....................................... that were available in advance.
The session on (17) ....................................... will be chaired by Maurice Blick.
In future, the fee payable by (18) ...................................... lawyers will be €515.
For all delegates who are staying in designated hotels, (19) ....................................... will be provided.
Delegates wanting accreditation for attendance can obtain this at the (20) ..................................... .
Part Four. Questions 21 to 30.
Speaker One:We find there are a lot of advantages to leasing our computer systems. Basically we get this flexible lease whereby different classes of products expire at different times, depending on when they become obsolete. So our lawyers’ laptops have a life of about three years, while laser printers will run seemingly forever. This way, we always have a fresh system that maximizes the value of each component. This means our cash outlay is lower over the long term. One lesson we’ve learned is, don’t lease through a bank, because you may have to buy your way out of the lease when it expires, and this can affect your tax liability.
Speaker Two:As an international law firm we have a sizeable library, and it’s well and truly ‘gone digital’ – thelibrarians have adapted brilliantly. They will actually track down information and records better thanassociates or paralegals, so we’re happy to have them on the payroll and are even recruiting more. We need to attract librarians who are really helping the firm as a business entity, if you like. They’ll work to anticipate the needs of clients. The drawback, of course, is that younger lawyers are so skilled online that they don’t necessarily learn how to use an old-fashioned index, so actually need to be trained in that!
Speaker Three:I’ve been reviewing our use of email and all the vast amount of data that goes with it. Basically wetake the view that emails are vital in keeping all parties up to speed on where any current matter is at – any matter they’re involved in. So you need an efficient desk-top system for keeping a record of everything – then, of course, you rely on the lawyer remembering to physically file them. But if you’ve also got an archiving package, it means you can show a client exactly what emails relevant to their case were sent to whom, from whom and in what order.
Speaker Four:We use online databases from government agencies to find out what we need, whether this be, say, locating a witness or uncovering an unknown court case. These databases consist of indexes of official records, scanned documents and also filings at court. If you know where to look, you canlocate such things much more efficiently. But what you can get out of them differs from region toregion – at one site no business filings are available. And government data is not always accurate,especially once it’s been tweaked to remove things like birthdates or home addresses – a practicewhich is becoming more common, because of identity theft.
Speaker Five:I think it’s in smaller niche practices such as ours that people are really benefiting from IT – incontrast, you get some older, larger practices that are unable or maybe unwilling to change the way they work. They may spend millions of pounds on technology each year but you kind of feel all that money’s going on systems that just count the beans rather than help earn more beans. For us it’s all about having the ability to monitor workloads, measure outputs, evaluate profitability. For a newish business, this gives you a lot of control over what you’re doing and where you’re going, and it can make or break you when it comes to succeeding long-term.
A An aspect of customer service has improved.B Younger lawyers now have a quick way into the profession.C We can now plan ahead more effectively.D We now function in a more cost-effective way.E Certain public records can be accessed more easily.F The contribution of specialist researchers is greater.
A It often gets used in the wrong way.B We made an expensive mistake.C It has not in fact made things more secure.D The quality of information is very variable.E There is always risk of human error.F Some people have become too reliant on it.
Speaker 1…….. (21) Speaker 1 …….. (26)Speaker 2…….. (22) Speaker 2 …….. (27)Speaker 3…….. (23) Speaker 3 …….. (28)Speaker 4…….. (24) Speaker 4 …….. (29)Speaker 5…….. (25) Speaker 5 …….. (30)
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