Inglese giuridico

A Guide to Legalese and Plain English in Legal

Writing

Introduction

The text introduces the concept of legalese and plain

English in legal writing. It highlights the importance of clear

and concise writing in transmitting information effectively.

The chapter also provides an overview of the common

features of legal documents and the need to simplify legal

language.

The Plain English Movement

This chapter discusses the history of the plain English

movement, which aimed to simplify complex prose and

make information accessible to every reader. It highlights

the principles of writing in plain English, including clarity,

simplicity, precision, and avoiding generic words.

Plain English Applied to Legal Writing

This chapter explores how plain English can be applied to

legal writing. It discusses the challenges of legal English,

which is often complex, obscure, and over-sophisticated.

The chapter also identifies the objectionable features of

legalese, including archaic words and phrases, complex

and unfamiliar words, Latin and other foreign words, and

very long sentences.

Use of the Passive Voice

This chapter focuses on the use of the passive voice in

legal writing. It explains how lawyers use the passive voice

to give their texts a formal, impersonal tone and to avoid

revealing the agent of a specific action. However, the

chapter argues that the passive voice can prevent clear

understanding and exclude important

information. It recommends using the active voice as much

as possible in legal writing.

Verbs and Prepositions

The text explains the importance of verbs and prepositions

in English legal texts. It distinguishes them from phrasal

verbs and provides examples of fixed combinations. The

chapter emphasizes the need to use the correct preposition

with each verb to avoid confusion and ambiguity. It also

highlights the importance of understanding the different

meanings of prepositions in different contexts.

British vs American English

This chapter discusses the main differences between British

and American English in legal writing. It covers spelling,

vocabulary, and grammar. The chapter provides examples

of words that are spelled differently in British and American

English and explains how to avoid common mistakes. It

also highlights the importance of using the correct verb

tense and avoiding colloquialisms.

False Friends

The text explains the concept of false friends in legal

writing. False friends are words that look or sound similar in

two languages but have different meanings. The chapter

provides examples of false friends in English and other

languages. It emphasizes the importance of understanding

the context in which a word is used to avoid using false

friends.

Common Mistakes

This chapter covers common mistakes in legal writing,

including grammar, vocabulary, and style. It provides

examples of common mistakes and explains how to avoid

them. The chapter emphasizes the importance of

proofreading and editing to ensure clarity and accuracy in

legal writing. It also provides tips for improving legal writing

skills.

Legal Vocabulary and Common Mistakes

Verbs and Prepositions

This chapter explains the difference between verbs and

prepositions and phrasal verbs. It provides a list of common

verbs and prepositions found in legal texts, along with their

definitions and examples. The chapter also includes a list of

phrasal verbs and their formal Latinate alternatives.

Prepositional Phrases

This chapter discusses prepositional phrases and their use

in legal texts. It provides a list of common prepositional

phrases, along with their definitions and examples. The

chapter also explains how to use prepositional phrases

correctly in legal writing.

British and American Spellings

This chapter highlights the small spelling differences

between British and American English. It provides examples

of words that are spelled differently in each version of

English and explains how to use them correctly. The

chapter emphasizes the importance of consistency in

spelling throughout legal writing.

Common Mistakes of Grammar and Vocabulary

This chapter discusses common mistakes in grammar and

vocabulary that are often made in legal writing. It provides

examples of incorrect usage and explains how to avoid

these mistakes. The chapter emphasizes the importance of

proofreading and editing to ensure accuracy in legal

writing.

Examples of False Friends

This chapter provides examples of false friends, which are

words that look or sound similar in different languages but

have different meanings. It explains how to recognize and

avoid false friends in legal writing.

Resources for Improving English Skills

This chapter provides resources for improving English skills,

including books, websites, and courses. It emphasizes the

importance of continuous learning and improvement in

legal writing.

Verbs in British and American English

This chapter explains the differences between British and

American English in terms of verb conjugation. It highlights

the rule that the final consonant of a verb is doubled when

the last syllable contains a single vowel, followed by a

single consonant and is stressed. It also provides a list of

verbs that follow this rule in American English but are

exceptions in British English. Additionally, it explains that

verbs that use -ed or -t for the simple past and past

participle usually end in -ed in American English and in -t in

British English, with some exceptions.

Spelling Differences in British and American English

This chapter discusses the spelling differences between

British and American English. It provides a list of verbs that

use the base form for the simple past in American English

and the -ed ending in British English. It also explains that in

American English, the preposition "of" is usually found

between the name of a legislative act and the year it was

passed, whereas this is not the case in British English.

Common Mistakes of Grammar and Vocabulary

This chapter outlines some typical mistakes of grammar

and vocabulary made by Italian speakers when speaking

English. It explains that Italian speakers often omit the

definite article "the" in English when it does not make any

specific reference, and that they use the indefinite article

"a, an" to identify professions or status. It also highlights

some false friends, or words that look similar in form to

their equivalents in Italian but actually have a different

meaning.

Examples of False Friends

This chapter provides examples of false friends that Italian

speakers should be aware of when speaking English. It

explains that words such as "actual" and "actually" have

different meanings in English than their Italian equivalents,

and that "agenda" refers to the order of business in a

meeting rather than a personal schedule. It also highlights

the differences between "amendment" and "to amend",

and "authority" and "authorization".

Resources for Improving English Skills

This chapter provides a list of resources that Italian

speakers can use to improve their English skills. It includes

suggestions for good English grammar books and websites

that can help with grammar, vocabulary, and

pronunciation. It also recommends finding a language

exchange partner or taking an English course to practice

speaking and listening skills Legal Translation: Principles

and Challenges.

Characteristics of a Good Legal Translator

This chapter discusses the basic principles of legal

translation and the characteristics that a good legal

translator should possess. The text suggests that a good

legal translator should have an excellent knowledge of both

the source and target language, as well as the subject

matter. The chapter also emphasizes the importance of a

clear and correct legal translation, which requires a perfect

understanding of the language and legal elements of a

text.

The Accessory Nature of Dictionaries

This chapter challenges the common stereotype that all

you need to translate a text efficiently is a good dictionary.

The text argues that becoming a good translator takes long

years of study and practice, including being able to use a

dictionary properly. The chapter also highlights the

importance of understanding the co-text and context of a

word to choose the correct translation. The text provides an

example of how the meaning of a word depends on its co-

text and context.

Negotiating Translations

This chapter discusses the challenges of translating legal

terms that have no precise equivalent in the target legal

system. The text suggests that the best translation for

concepts with no precise equivalent in the target legal

system is sometimes a literal translation. The chapter also

emphasizes the importance of considering the differences

between institutions belonging to the same legal system

when choosing the most appropriate equivalent for a word

or phrase. The text provides examples of how the

translation of the word "avvocato" varies depending on the

legal system.

Translating Lawyers or Legal Translators?

This chapter argues that translating legal texts increases

our linguistic and legal knowledge. The text suggests that a

mixture of legal and linguistic knowledge is the recipe for a

good legal translation. The chapter emphasizes the

importance of research in looking for a translation that

accounts for the differences between the legal systems.

The text provides examples of how translating legal texts

can develop linguistic abilities and legal knowledge.

Legal Translation Skills

Legal translation requires a combination of language,

translation, and legal skills. Translators with some legal

knowledge and lawyers with some language and

translation skills are common. Legal translators must

process various types of documents in different fields of

law, which forces them to carry out research in many

technical fields. Cooperation between legal and language

experts is essential for producing a correct and reliable

translation.

Choosing the Right Language

Translators should always translate into their native

language. Non-professional translators often neglect this

rule, producing texts that are incomprehensible. When

translating into a language which is not your own, you

should at least have your final text revised by a native

speaker. Editing a bad translation may take longer than

doing it anew.

Is There a Model Translation?

The point of translating is to make your product clear and

correct. There is no model translation. Good or very good

translations may serve as examples but the choices

underlying such a complex method are subjective and a

single sentence may have many possible versions.

Some Differences Between Legal Italian and Legal English

Although legal Italian and legal English have the same

general features, they differ in some respects that we must

consider when translating. Legal Italian is more formal and

uses more passive voice, while legal English is more direct

and uses more active voice. Legal Italian also uses more

Latin phrases and longer sentences, while legal English

uses more Anglo-Saxon words and shorter sentences.

Some Differences Between Legal Italian and Legal

English

Characteristics of Legal Italian and Legal English

Legal Italian and legal English are characterized by long

complex sentences and embedded clauses, with frequent

recourse to passive and hypotaxis rather than parataxis.

Hypotaxis, however, is even more frequent in legal texts

drafted in Italian.

Translating from Italian into English

Translating from Italian into English usually means writing

shorter and clearer texts. The point is to avoid doing the

opposite when translating from English into Italian. The

desire to avoid sexist distinctions partially accounts for the

repetitions in the English text.

Sacrificing Beauty for Clarity in Legal English

English usually sacrifices the beauty of a text with

repetitions on the altar of maximum referential clarity. One

of the main purposes in legal writing is to be consistent,

never changing the language except to signal a change in

meaning. Legal Italian follows the same rule but is usually

more inclined to choose elegant variants that may cause

confusion and make life harder for translators.

Avoiding Confusing Terms in Legal Translation

The use of synonyms is recommended in legal texts, but

careless use such as excessive and unwise elimination of

repetitive terms may be dangerous. Omitting certain words

may leave the readers to puzzle over which contract or

person we are talking about. The substitutions of certain

words may be even more confusing since the reader is lost

as to whether all these variants relate to one person or

another. The variations of possessive adjectives can also be

confusing and wrong at the same time.

Examples of Legal Translation

The text provides examples of legal translation from Italian

into English and vice versa. The translations show how the

original text can be simplified and made clearer without

losing its meaning. The examples also demonstrate how

the use of synonyms can be helpful in legal translation.

The Challenges of Legal Translation

The text discusses the challenges of legal translation,

including the use of lengthy and complex sentences,

technical terminology, and formal language. It highlights

the differences between legal Italian and legal English, and

the tendency of Italian legal documents to merge

sentences, making them difficult to understand. The text

also notes the use of Latin expressions and undefined

technical words in Italian legal documents, which can make

them almost impossible to comprehend.

Strategies for Legal Translation

The text suggests strategies for legal translation, including

the use of plain language and shorter sentences in Italian

legal documents. It also recommends the use of a "plain

Italian" theory to make legal Italian texts more reader-

friendly. The text emphasizes the importance of using the

correct official translations for names of European

agencies, laws, and agreements, and the need for

translators to consult official term banks and comply with

them when translating.

Computer-Assisted Translation and Machine

Translation

The text discusses the use of computer-assisted translation

(CAT) tools, including translation memory programs,

spelling and grammar checkers, full-text search tools,

dictionaries on CD- ROM, and terminology databases. It

notes that CAT tools can help translators work more quickly

and effectively. The text also mentions machine translation,

which uses artificial intelligence to translate text

automatically. However, it notes that machine translation is

not yet reliable enough for legal translation, as it cannot

accurately capture the nuances of legal language.

Legal Correspondence and Telephoning

Tips for Correspondence Writing

This chapter covers the tips for writing clear and effective

legal correspondence. It includes the importance of

planning, identifying the reader, adapting the contents to

the reader's attitude, and following the conventional

formats for correspondence. It also emphasizes the need

for formality in business writing and avoiding legalese.

Before Writing

This chapter covers the questions to ask before starting to

write, such as identifying the reader, the purpose of

writing, and the information to include. It also discusses the

importance of considering alternative forms of

communication and the need to avoid writing when angry

or upset.

While Writing

This chapter covers the recommendations to follow while

writing, such as keeping it short and simple, avoiding

legalese, using correct grammar and punctuation, and

avoiding contracted forms. It also emphasizes the

importance of repetition and avoiding literal translations

from Italian.

After Writing

This chapter covers the steps to follow after writing, such

as revising the text to organize the information, separating

long sentences and paragraphs, and correcting grammar

mistakes and typos. It also emphasizes the importance of

reading back what you write and using an automatic

signature card in emails.

Writing Clear and Concise Correspondence

This chapter covers the importance of writing clear and

concise correspondence. It advises to check the recipient's

address and verify the accuracy of any extra addressee you

copy. It also suggests arranging for paper receipts and

setting delivery and read receipts in emails. The chapter

also emphasizes the need to avoid technical terms if your

readers are junior lawyers and not to use contracted forms

in formal correspondence.

Writing Dates in Legal Correspondence

This chapter explains how to write dates in legal

correspondence. It covers the differences between British

and American English and advises using a capital letter for

the month. The chapter also provides examples of how to

write dates in British English.

Openings and Closings in Legal Correspondence

This chapter covers how to open and close letters, faxes,

and emails depending on their degree of formality. It

provides examples of greetings and closings for very

formal, formal, and informal correspondence.

Analyzing Legal Correspondence Examples

This chapter provides examples of legal correspondence

and asks questions to test the reader's understanding of

the format and content. It includes an email regarding an

estimate for legal proceedings and a letter announcing a

change in position.

Useful Phrases in Legal Correspondence

This chapter provides a list of useful phrases in legal

correspondence, including making references, saying why

you are writing, making requests, talking about a

settlement, and threatening legal action. It also includes

examples of how to use these phrases in context.

An Introduction to Contract Law What is Contract

Law?

This chapter introduces the concept of c