header-logo header-logo

Speak up

01 November 2013 / Jane Ching
Issue: 7582 / Categories: Features , Training & education , Profession
printer mail-detail

Jane Ching explores the importance of language within legal education

It is a truism that the general public thinks lawyers have an occult power over language. It is seen as lying, or as hypocrisy, but nevertheless a powerful tool, available for hire. We might object to the first two descriptions but lawyers do have a powerful tool, and, consequently, an ethical obligation to use it and use it effectively.

 

David Bellos, in his entertaining book on translation (Is that a Fish in Your Ear? The Amazing Adventure of Translation, Particular Books) says that legal translators think the functions of legal language are to prescribe, describe and persuade. I would add that the job of the lawyer is, not only to prescribe, describe and persuade, both orally and in writing, but also, frequently, to translate. Lawyers “do things with rules” but, much more broadly, we do things with language. It is the object of study, the means of analysis and the key professional tool. If we get it wrong, we can ruin

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll