A STUDY ON IMPORTANCE, CHARACTERISTICS AND

IMPORTANCE INVOLVED IN LEGAL ENGLISH LANGUAGE WITH

SPECIAL REFERENCE TO LEGAL PROFESSION

RAJAVEL PRAVEEN

B.A.LLB(HONS)

SAVEETHA SCHOOL OF LAW

INTRODUCTION

It is one in all the various styles of English that's utilized in law. In different words, it's a
technical language specifically originated as a language for legal professionals like judges,
lawyers, legal assistants and attorneys. Legal English is not a native language for these
professionals. Therefore, they're needed to find out this language from a technical context so
as to perform well within the field of law. Even once we observe English being spoken in two
completely different regions, we will analyse that there's plenty of distinction between the two.
for instance, there area unit sure terminologies in British English and also the America English
that greatly disagree. this could cause confusion if a British professional person is active law
within the America. However, English of law will set language standards that align well with
the law of that individual state.

Learning legal terms is vital for your career if you're studying law regardless of the country.
the main reason behind this is often the increase in globalisation. Since plenty of individuals
study from one country and apply their learned skills by moving to a different country, it's
necessary that you simply ought to be ready to communicate well while interacting with others.

When you enter the market as a professional attorney, you'll encounter varied shoppers within
the country you have got shifted to. Similarly, you'll ought to use all the legal terminologies
that other lawyers use in this region. as an example, if you have got studied law from Brazil
and you wish to apply within the U.S.A., you'll possibly move with U.S.A. attorneys. in order
to speak to them concerning legal matters, you need to adapt their legal language, i.e. English
utilized in law that's specific to their region.

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English is a second language for several individuals. Therefore, learning skilled law positively
indicates that you simply ought to learn the english terminologies within the same area.
However, as a law student, you'll be able to come across varied challenges. this is often as a
result of you may need to contemplate several things whereas looking for the proper teacher
and also the right platform to prove your legal language.

IMPORTANCE OF LEGAL ENGLISH IN LEGAL PROFESSION

In today’s globalised marketplace, companies are increasingly working internationally.

Exposure to foreign legal systems and legislative processes is becoming commonplace and
international lawyers are now required to communicate successfully in English using the
appropriate legal language and terminology. Due to the international nature of legal work, a
lawyer’s ability to understand and communicate complicated legal processes and legislation in
English is an invaluable skill providing a competitive advantage when operating in an
international environment.
Who you communicate with decides the language you utilise. and the way you utilise that
language affects the image or perception others have of you. it's no longer enough to simply
“get by” in English. neither is it enough to possess a high level generally English, though it's
definitely helpful.As the european union expands and as a lot of and a lot of firms,
organizations, establishments and corporations everywhere the world are confronted with the
multi-nationalisation of business with its industrial and legal aspects, the language needed folks
to communicate becomes a lot of skilled and a lot of specialised.This has never been more true
than for Legal English. however what exactly can we mean by “Legal English”? obviously, we
tend to are not talking regarding learning the substantive law of the many jurisdictions
everywhere the globe. Rather we tend to square measure talking about the way to speak and
write about the law.... what expressions, collocations specific most accurately your message –
the importance and exactness, if you'll, of your communication. it's vital to emphasise that
whereas we may use English or yank law as AN initial start line or background for learning
legal language, the command of Legal English, isn't restricted to American law ideas, neither
is our communication essentially solely with native speakers.

For example: A French attorney addressing a Japanese shopper can in all probability
communicate in English. they may be conversing at a global conference, talking on the phone
phone, exchanging letters or causation e-mails. they will be discussing civil legal proceeding
in a very French court concerning product- liability damages; or it would be a future acquisition

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of a Japanese subsidiary, with arbitration because the stipulated dispute resolution settlement
procedure. There could be contract drafting provisions to barter, body regulative problems to
contemplate, pre-trial discovery motions to arrange for, or precedent cases which is able to
ought to be distinguished.Understanding these ideas and the way they're delineate in correct
English can higher alter lawyers to form comparisons to their own system, yet on that of the
party, to whom they're in touch with ... a client, a judge, governmental directors or opposing
counsel. act with accuracy and exactness is crucial.The simple sentence wont to introduce
ourselves illustrates this time appropriately: “I am a attorney and that i work for a firm”.
‘Lawyer’, ‘work’ and ‘firm’ are terribly general terms and are receptive such a big amount of
completely different interpretations. Are you a attorney, Solicitor, Prosecutor, lawyer,
company (in- house) Counsel, lawyer at law or Jurist? does one litigate, plead, mediate,
practice, advocate or does one advise, counsel, transact, draft legal documents or convey deeds?
If you analysis the word ‘firm’ in an exceedingly lexicon you'll realise listed within the
definition: company, corporation, partnership, enterprise, enterprise and business entity. As
you'll see our sentence of introduction didn't communicate clearly, however additional to the
confusion. Language between 2 non-native speakers is tough enough, while not the extra stress
of the refined distinctions of specialised professions, culture and legal systems.

CHARACTERISTIC OF LEGAL ENGLISH

The main characteristics of Legal English are as follows:

1 ) Sentences typically have apparently peculiar structures, as an example, the provisions for
termination hereunder showing or can at the value of the recipient at once fits constant. The
influence of French grammatical structures could be a tributary reason for this issue.

2) Punctuation is employed insufficiently. significantly in conveyances and deeds we are able

to observe the conspicuous absence of punctuation. traditionally there was a widespread plan
among lawyers that the that means of legal documents was contained solely within the words
used and their context. In fashionable legal drafting punctuation is employed to clarify their

3) Foreign phrases square measure generally used rather than English phrases (e.g. repose alia
rather than among others).

4) Older words like hereof, thereof, and whereof (and additional derivatives, as well as -at, -in,
-after, -before, -with, -by, -above, -on, -upon) square measure utilized in legal English primarily

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to avoid continuance names or phrases. as an example: the parties hereto rather than the parties
to the present contract.

5) Use of modifiers like constant, the said, the said etc., in legal texts is attention-grabbing, as
a result of terribly ofttimes they're used as adjectives to see the noun, however not replace them.
For example: the aforesaid adventurer.

6) Legal English contains some words and titles, like leader and employee; proprietor and
renter, within which the reciprocal and opposite nature of the connection is indicated by the
employment of different endings: -er, -or, and –ee.

7) grammatical construction verbs square measure typically utilized in a quasi-technical sense.

For example, parties enter into contracts, place down deposits, serve [documents] upon
different parties, write off debts, and so on.

DIFFICULTIES INVOLVED IN LEGAL ENGLISH

Legal English employs an excellent deal of technical nomenclature that is strange to the
common person (e.g. waiver, restraint of trade, restrictive covenant, commitment estoppel).
abundant of this vocabulary springs from French and Latin. These terms of art embrace normal
words used with special meanings. for instance, the acquainted term thought refers, in legal
English, to contracts, and means, an act, forbearance or promise by one party to a contract that
constitutes the worth that the promise of the opposite party is bought (Oxford lexicon of Law).
alternative examples square measure construction, prefer, redemption, furnish, hold, and find.
there's a curious historical tendency in legal English to string along 2 or 3 words to convey
what's sometimes one legal idea. samples of this square measure null and void, work and
correct, (due) care and a focus, perform and discharge, terms and conditions, dispute,
contestation or claim, and promise, agree and covenant. This was originally in dire straits the
sake of completeness. today the linguistic theories that investigate legal English square measure
rhetorical linguistics and legal discourse. rhetorical linguistics could be a field of applied
linguistics involving the connection between language, the law, and crime. Its purpose is that
the application of linguistic data, ways and insights to the rhetorical context of law, language,
crime investigation, trial, and judicial procedure. Discourse is that the term that describes
written and spoken communications. Legal Discourse analysis focuses on the investigation of
legal texts: written codes and also the matter records of the judicial proceedings. Legal
documents (contracts, licences, etc); court pleadings (summonses, briefs, judgments, etc.); laws

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( Acts Of Parliament and subordinate legislation, case reports) and legal correspondence
represent the sources of linguistic researches.

CONCLUSION

As commercial activity is increasingly global in the modern world, it is essential for

organisations to choose the best governing laws and legal forums for dispute
resolution.International companies are favouring the English legal system. In the specialised
Commercial Court the majority of cases involve at least one party from overseas.It therefore
follows that aspiring international lawyers will be expected to understand English legal terms
and be capable of communicating both in writing and verbally with ease in legal English.