legal jargon

Say what?
Say what?

Privilege is one of the most important legal concepts that an attorney can be versed in. Inadvertently waiving the attorney/client privilege or the psychotherapist/patient privilege, for example, can have dire consequences for clients and attorneys alike. An interesting blog post by our esteemed colleagues in the Business Litigation and Employment Law groups got me (well, really Nancy) thinking about a lesser known privilege known as the common interest privilege and how same is relevant to divorce.

First, a little background on the Common Interest Privilege. According to the Restatement (Third) of the Law Governing Lawyers, a riveting legal treatise more commonly used to prop up a wobbly desk, the common interest privilege applies…… Keep reading

Lawyers, Legalese and Latin: Why Lawyers Are Such Language Junkies

Hi there,

I think of myself as a down-to-earth person,  but I unthinkingly use language that is the opposite. I blame this on my law school education, although I think lawyers self-select with a love of language and words.

Last week’s post was titled “Domestic Violence Redux.”  It wasn’t until I was asked for the meaning of “redux” that I realized how arcane the normal language of the law can be. So with no further ado a dictionary, of sorts, of the more commonly used legalese you may hear your attorney using in your divorce or other matters.

  • Redux = revisited
  • Pro se = a litigant is by himself, no counsel
  • Guardian ad litem = a guardian for the purposes of the litigation, commonly referred to as a GAL
  • Propounded, as in “we propounded interrogatories” = “we asked”
  • Interrogatories = written questions to be answered under oath in a set time frame
  • Pro bono = literally means “for good.” Lawyers do a lot of pro bono work for free or reduced fees generally representing folks who can’t afford lawyers, and also when writing briefs for causes the lawyers believe are good
  • Res judicata = already
Keep reading