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Trans-Atlantic Translation Guide: Part One

Published: Jan 23, 2009

 Law       
In the wake of the City of London?s emergence as the HQ of global capitalism (remember that?), the Trans-Atlantic divide has never been narrower for law firms. Yet, as Shavians know, England and America can be two countries separated by a common language. In the interest of lessening Anglo-American mutual incomprehension, we?ve decided to compile a handy, non-comprehensive British legal lexicon and, where applicable, American equivalents. Take note, and let us know what we?ve missed:

Redundancies = Layoffs

Redundancy Consultation = Under UK law, employers proposing to lay off at least 20 employees must engage in ?collective consultation? with employee representatives?30 days of consultation when up to 99 employees are at risk, 90 days when more than 100.

Solicitor = An attorney who provides legal advice and representation; while a solicitor may act in court, her role is generally more advisory and transactional.

Barrister = An attorney who specializes in litigation and appears in court when instructed by a solicitor. Only barristers may represent clients in the higher courts. Barristers are generally self-employed and work in chambers, whereas solicitors generally work in private practice (e.g., for a law partnership). Solicitors and barristers have different requirements for qualification.

Trainee/Trainee Solicitor = A graduate who works for a firm under a two-year training contract prior to qualifying as a solicitor; sort of an apprenticeship in law.

Newly Qualified Solicitor (NQ) = A solicitor who has completed all qualification requirements (including a training contract) and is starting practice as a lawyer; similar to a first-year associate.

Post-Qualification Experience (PQE) = A term used to describe a solicitor?s level of experience after qualification (e.g., NQ, 1 year PQE/2 years PQE, etc.).

Fee Earner = An employee whose time is billed out to clients at an hourly rate?this includes paralegals as well as solicitors.

Vacation Scheme = A short-term work experience (typically two or three weeks in the summer or around the spring/winter holidays) that many firms offer students prior to graduation. A vacation scheme is often a first step toward a training contract at the same firm. The closest equivalent to being a summer associate in the U.S.

Chargeable Hours = Billable hours

Remuneration = Compensation

Contentious Work = Work related to some form of litigation

Acted for = Advised or represented (e.g., Linklaters acted for Royal Bank of Scotland on the $2.34 billion sale of RBS?s stake in Bank of China)

Conveyancing = The act of selling a good; in law, this generally relates to real estate practices (e.g., residential/commercial conveyancing)

The City = London's physical and metaphorical analogue of Wall Street

Collegiate = Collegial

Instruct = In the U.S., a judge instructs the jury; in the U.K., a client instructs his or her attorney.

Chambers = The workplace of the barrister: While barristers are typically self-employed, they often join together and pool expenses to become tenants of a chamber. No equivalent exists in the U.S. legal industry; think of it as an artists? collective without the starving aspect.

- posted by vera, brian and ben

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