Jul 27, 2020 21:15
3 yrs ago
100 viewers *
French term

avocat constitué

French to English Law/Patents Law (general) Assignation devant un tribunal
Ayant pour avocat constitué et élisant domicile en son cabinet :

Maître X
Avocat au Barreau de Y
23 Avenue X - 75000 PARIS

Lequel se constitue sur la présente assignation et ses suites
Proposed translations (English)
5 +1 counsel of record
3 -2 licensed attorney

Discussion

Eliza Hall Jul 28, 2020:
Elire domicile I agree a literal translation doesn't work here. "Legal address" is much broader than what this actually means, and we typically wouldn't say "elect."

When élisant/élire domicile is used in this context, with respect to a lawyer/law firm's address, it means choosing the lawyer's address as your service address. In other words, the address to which all filings and correspondence in the current case may be sent.

In legal EN we would tend to say "designate" rather than "elect" or "choose": "designating as the address for service the law firm of..." (or "the following law firm").
AllegroTrans Jul 28, 2020:
@ Julie 100% agree with you. Using literal translation here does not work.
Julie Barber Jul 28, 2020:
Hi Anna. I wouldn't use the literal "elected legal address". I would find a way of fitting "address for service" into the sentence https://thelawdictionary.org/address-for-service/ ie: and designating his office as the address for service
Anna Davies (asker) Jul 27, 2020:
My optional answer Having instructed a lawyer and elected legal address in his office:

X
Lawyer at the Paris bar
23, Avenue X - 75000 PARIS

Who is instructed on this summons and its consequences

Proposed translations

+1
19 hrs

counsel of record

In this context, "avocat constitué" refers to the attorney of record for a given party. In other words, the attorney chosen by or appointed to that party, who has filed whatever is necessary to become officially that party's representative in this case:

L'avocat constitué pour défendre le prévenu: the attorney appointed to defend the accused.

L'avocat est constitué par la famille: the lawyer is hired/engaged by the family.

There is more than one way to say, in EN, "this party's lawyer" (which is what this phrase boils down to), but "counsel of record" fits best with this particular sentence.

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Note added at 23 hrs (2020-07-28 20:38:09 GMT)
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PS: "attorney of record" works equally well. The synonym that would not work is "lawyer" -- we would pretty much never say, in a competently drafted EN legal document, "lawyer of record." It would be either "counsel of record" or "attorney of record." Perhaps in the UK they would say "barrister of record" (or "solicitor" in a non-litigation matter), but I don't know.
Peer comment(s):

agree Mpoma : Yes (great!) for a US context. "Instructed counsel" seems to be preferable for the UK.
1361 days
Something went wrong...
-2
1 day 22 hrs

licensed attorney

The lawyer (of counsel) or licensed attorney has been chosen along with his or her office's address (Mr X, Barrister); and that which is constituted (formed or made up) on the present summons and its results or consequences to follow.

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Note added at 3 days 13 hrs (2020-07-31 10:31:24 GMT)
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The source text terminology ('avocat constitue') does not mean "counsel of record". As fixed terminology it could be a 'licensed lawyer' but someone refuses to accept this. A 'licensed lawyer' would be an 'incorporated lawyer', one who is appointed to an office, dignity, designated to a function or task.
A district attorney is 'a public officer who prosecutes cases, especially criminal cases on behalf of someone or a state, usually within a defined locale or district'.
'Constituted authorities' are the officers of government, collectively, as of a city or town.
'To constitute' is to 'set up or be the elements, parts or composition of something'.
'To constitute' is 'to establish according to law or provision, a body that is duly constituted under the charter, to enact a law or regulation.'
In short, the lawyer or solicitor is one assigned to the duty implied by the case posed by the person who raised the question.

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Note added at 6 days (2020-08-02 23:57:46 GMT)
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Literally 'constitué' is 'made up of' or 'formed from'. In this legal sense the word 'licensed' refers to the lawyer's formal qualifications and recommendations. A person who is licensed holds a license which is a document that gives official, formal permission to do something.
Peer comment(s):

disagree Eliza Hall : "Constitué" does not mean "licensed."
1 day 3 hrs
disagree AllegroTrans : "Could mean licensed" is not convincing and I have never seen "constitué" mean "licensed"
1 day 16 hrs
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Reference comments

37 mins
Reference:

Asked before on Proz

and caused a big argument the last time (see references)
Type it in Google plus "Proz" to see more hits in various language pairs
Peer comments on this reference comment:

agree AllegroTrans
1 hr
agree Catharine Cellier-Smart
6 hrs
agree Adrian MM. : Yes. It's a very tiresome query.
10 hrs
agree Mpoma
13 hrs
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