The Peculiarities of Legal English and the Challenges They Pose for the Non- Native English Speaking Lawyer
Jacob Krief, JD, LLM, CTC, EA, LCB, ECoP
Attorney at Law
You will agree that making the transition from your native tongue to English is hard enough due to the fact that English has so many exceptions and exceptions to exceptions. That complication is intensified exponentially when having to adjust to other forms of English such as Legal English. Without the proper training in Law School, you are faced with having to decipher the following main characteristics of Legal English:
- For example, take the sentence "the provisions for termination hereinafter appearing or will at the cost of the borrower forthwith comply with the same". As you can discern, sentences have very peculiar structures, a grammatical imprint from the French language.
- Punctuation is not used sufficiently. This is apparent upon reviewing conveyances or deeds, wherein there is the obvious absence of punctuation. This is a leftover from historical legal practices when lawyers affirmed that the meaning of legal documents was contained only in the word use and their context. In modern legal practice, punctuation is used regularly to clarify meaning.
- Phrases such as inter alia, which means among others, are sometimes used instead of English phrases.
- Older words have remain steadfast even in modern legal vocabulary. Examples of these words are hereof, thereof, and whereof. Consider that this is common legal practice today, whether it is incorporated into Legal English writing or used in everyday legal parlance. For instance, the parties hereto is used instead of the parties to this contract.
- There are certain modifiers unique to Legal English not normally found in standard English. These modifiers serve a peculiar function in that they are used as adjectives to determine the noun. For example, the said John Doe.
- Alternative endings to certain words indicate the reciprocal and opposite nature of their relationship. Illustrative of this concept are words like employer and employee or lessor and lessee.
- Verb phrases are typically used in a quasi technical manner. Examples of such phrases are: parties entering into contracts, putting down a deposit, serving documents upon other parties, and writing off debts.
Poor Legal English language training is the reason you, the non-native English speaker, are challenged by the peculiarity of Legal English. English language curriculums throughout the world do not take into consideration the need for learning English in order to achieve a specific objective such as applying it to legal practice. Without an adequate preparation and training in this regard, you will lack the confidence required of a legal professional. This is especially true when confronted with the heretofore peculiarities characteristic of legal writing and speech. As a result, you will find yourself at a handicap when compared to your peers always struggling and failing at your career.
You should not have to confront these obstacles alone just to be able to reap the rewards and benefits of a fulfilling legal career. A Legal English coach such as myself can partner with you and mentor you on the fundamentals of Legal English to ease your frustration.
Consider booking a free strategy session with me today to discuss your options!
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1 年A sure-shot insightful piece of content! Simply enough, as a student of law, these difficulties are apparent. Needless to say, these need resolving at the elementary stage of law tutoring. Thanks for this.