How the Job Is Related to the Law - Essay Example

?Introduction The legal profession is comprised of a variety of career opportunities and different aspects such as qualifications, duties involved aswell as relevance of the law in that particular field are often taken into consideration before one is employed in this profession. As such, this report seeks to summarise three different legal careers and each summary includes the following: how the job is related to the law, typical job duties, educational requirements, and an introduction of each interviewee. The report will focus on the following legal careers: lawyer, the magistrate and the prosecutor. Lawyer How the job is related to the law In different countries, respective governments lay down binding regulations that form the law of the land as enshrined in the constitution. As such different cases are reported to the courts and the law states that the accused person is innocent until proven guilty by the court (Muller et al, 2007). The law states that the accused persons have the right to fair trial and they can engage the services of a practising member of the legal profession such as a lawyer to be represented in each case. This career is related to the law since it is stipulated in the constitution that the accused person has a right to seek legal advice from legal professional people. In most cases, there are laws that regulate the operations of the lawyers and these outline the expected code of behaviour as well as the work ethics. Typical job duties A lawyer is a practising member of the legal profession and he or she represents different individuals as well as big organisations in various court cases (Mallor et al, 2007). In a court trial, the defendant has a right to be represented by a lawyer who will argue in his or her favour. The lawyer often tries to gather as much information as possible that can be used to defend the accused in a court case. A lawyer also gives legal advice to his or her client with regards to rights during the trial period. Educational requirements The minimum qualification for one to practice as a lawyer is a law degree (LLB). Higher qualifications such as doctorate are also an added advantage. Introduction to the interviewee The interviewee is a prospective legal professional as a lawyer upon successful completion of his studies and this interview has been designed to solicit for more information about how he perceives this profession. As such, I designed the following questions with the aim of establishing the extent to which he views this profession. What are your expectations as a practising lawyer? Do you think the law regulating the practise of lawyers in their profession is fair? What do you think needs to be done to improve this legal profession? Do you want to work for a private or public law firm? Is it ethical to lie in defence of your client? What kind of cases do you prefer to represent in court? Are you competent to represent big criminal cases? Do you abide by the code of behaviour for lawyers as stipulated by the law? How many cases can you represent per month? How do you view corrupt practises by lawyers such as accepting bribes from clients? The magistrate How the job is related to the law The law of the land states that the judiciary is mainly responsible for acting as an arbiter in solving disputes that can arise between different parties. As such different cases are reported to the courts and the magistrate has a role to preside over them with the aim of reaching a fair judgement among the parties involved (Muller et al, 2007). This career is related to the law since it is stipulated in the constitution that the judiciary is responsible for settling disputes between different people. Typical job duties A magistrate is a practising member of the legal profession and he or she presides over different cases in the court with the aim of reaching a fair judgement. In a court trial, the magistrate through the help of the prosecutor gathers enough information from both parties involved in a case and uses this information to determine the judgement that can be delivered to the defendant. The judgment often depends on the discretion of the magistrate on the basis of the information that has been obtained from the plaintiff, the defendant as well as witnesses. Educational requirements According to information obtained from , in order to qualify as a magistrate, one should hold a related diploma to the field or a law degree. In some cases, there are specially designed courses for the magistrates and these can be acquired from justice colleges and upon fulfilling these requirements, the Minister of justice has the duty to appoint the magistrates. Introduction to the interviewee My interviewee is a law student and he has hopes of joining the legal profession as a magistrate once he successfully completes his studies. As such, this information has been specifically designed to gather the views of the interviewee with regards to his expectations in this legal career. Do you like this legal career? Which kind of court do you wish to work for? Can you preside over criminal cases? Is there fairness in passing a judgment? Do you think that you can be a fair judge? In complex cases, what approach are you likely to take? Do you think that your subjective decision is enough in reaching a judgement? What can you do if there is lacking evidence in a given case? What will you do if you fail to settle a dispute? What can be done to improve the working conditions of the magistrates? The prosecutor How the job is related to the law The judiciary, mainly the court is meant to settle disputes that may arise between parties involved as stated in the law of the land. As such, different people have roles to play in the court and the prosecutor is one of the people involved. Thus, the law states that a prosecutor has a role to cross examine the parties involved on behalf of the state if it is a criminal case (Muller et al, 2007). This career is related to the law since it is clearly stated that the state has a case against the defendant and it is the duty of the prosecutor to act on behalf of the state. The operations of the magistrates are guided by the constitution of a given country. Typical job duties A prosecutor is mainly concerned with cross examining the parties involved on behalf of the state in cases of criminal offences (Mallor et al, 2007). In a court trial, the prosecutor tries to solicit for as much information as possible from the parties involved which can be used by the magistrate to reach an amicable judgement. Basically, the prosecutor works hand in hand with the judge and most of his job is done in the court. Cross examining the parties involved is a very important aspect of court procedures with the aim of delivering a fair judgement. Educational requirements The minimum qualification for one to practice as a prosecutor is a diploma and in other instances, the holders of Law degrees can also practise as prosecutors. Introduction to the interviewee My interviewee is studying for a law related profession and he intends to become a prosecutor after he finishes his studies. Therefore, I am conducting this information in order to gather information from him about his perceptions about this profession. Why do you want to be a prosecutor? Are you able to solve problems in a court situation? Are you a good communicator? What can you do if the parties involved do not want to testify in a case? Are you objective when dealing with different cases? Do you think that you can represent the state in a case? What needs to be done to improve this profession? If there is no evidence in a state case, what will you do? What advise can you give to the magistrate if he is not fair in his judgement? Are you able to handle pressure in a court situation? References Muller, P 2007, Business Law: The Ethical, Global and E-Commerce Environment, 13th Edition, McGraw- Hill International: Boston. Law careers, ND, Viewed 03 July 2011, . Read More