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01 November 2013 / Jane Ching
Issue: 7582 / Categories: Features , Training & education , Profession
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Speak up

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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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