header-logo header-logo

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

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

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—Sophie Fulwell

Freeths—Sophie Fulwell

National firm strengthens Liverpool employment practice with director hire

Cargo Law—Francesca Santoro

Cargo Law—Francesca Santoro

Specialist marine law firm expands disputes practice with senior hire

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll