The language skills required for different legal activities can be categorised as active and passive language skills.[1] While oral advocacy, legal advice and policy decisions are mainly based on active language skills,[2] primarily passive language skills are required for research and drafting.[3] Student legal practitioners and paralegals have to handle documents in English more often and on a daily basis as a relevant resource for legal discussion and writing. While it cannot necessarily be deducted from readings in this field, it may still be concluded that the passive language skills of current and future legal professionals are increasingly more demanded than their active language skills.[4] Nevertheless, the improvement of legal language skills in both legal professionals and law students are essential. If the required language skills are missing, there can be e.g. communication problems, drafts can be unclear, terms from foreign legal systems can be misunderstood and cases can be lost. Especially the perception of the abstract and complex legal terms used and long sentences with many clauses seems to lead to comprehension problems. In this way the language part of their professional life may put non-native speaking legal practitioners and their clients, and, in case of judicial work, also the parties, at risk. Therefore, improvement of the language skills of non-English speaking legal practitioners are indispensable.
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The most frequent language used for legal work internationally is English,[5] and the practice of law is traditionally and most frequently studied in English-speaking countries like the United States and the United Kingdom. English is considered the "lingua franca"[6] of the global legal community and a high standard of English is an indispensable tool in professional legal work and study. This creates disadvantages for non-native speaking legal practitioners even before they enter the global legal marketplace or begin their first assignment. If non-native speakers of English perform legal work, their working language is very often not their mother tongue, leading to a situation where non-native speaking lawyers and other legal practitioners must work with law mainly or even exclusively in a language other than their own.[7] This can affect the work of the respective lawyer as legal practitioner at different levels, from private communication via drafting assignments and consulting professional information resources to legal correspondence and courtroom advocacy.[8]
Undoubtedly, legal practice and effectiveness in performing professional duties depends to a large extent on the ability to find, verify and process both primary and complementary (secondary) sources of law,[9] which is connected with the practice of law - interpreting law and implementing it in everyday legal practice. The performance of professional duties in legal practice also requires an in-depth knowledge of legal language grammar and syntax, and often, even the courtroom practice as a form of language of evidence and form of communication with a court.[10] It is important to recognise that an inability to communicate on the basis of written and spoken legal practice from day one and having to look up, certify interpretations or verify legal regulations in a form which has already been certified in one of several language versions (examples include legal practice within international organisations, especially the EU) significantly slows down the pace of professional work.[11] While bilingual legal skills are likely to be considered valuable, in everyday legal practice, lawyers are heavily reliant on their knowledge of legal English, even when working with clients of varied nationalities.[12] To achieve legal process and give the best service to clients, non-native English speaking lawyers are expected to develop eloquent English language skills which can be used in a legal sphere ideally from the beginning of law and
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language dual professional practice. Yet, legal arrangements are often incomprehensible for an average person due to the complex, old-fashioned vocabulary and terminology used.[13]
Legal language presents challenges for non-native English speaking practitioners - as it involves anachronistic meanings, different aspects, and manifestations.[14] Non-native English speaking practitioners face significant difficulties in understanding the complex and intricate nature of legal language due to its archaic meanings,[15] multifaceted aspects, and myriad expressions. The potential for misinterpretation can arise as a consequence of various factors, including linguistic nuances, legal complexities, and para-linguistic elements.[16]
Furthermore, it is important to note that certain jurisdictions are swiftly transitioning towards the implementation of remote hearings (a tendency that gained tremendous momentum during the COVID-19 pandemic),[17] a development that has elicited a mixed response from legal practitioners. In Scotland, England, and Wales, for instance, the widespread use of online platforms and video-conferencing technologies in legal proceedings is poised to create a seismic shift in the traditional courtroom setting.[18] This adaptation process necessitates the involvement of esteemed judges, seasoned lawyers, and representatives of litigants, all of whom must adjust to the novel virtual environment and contribute to the formulation of innovative procedural rules.[19]
It is worth mentioning that legal interpreters, who play a pivotal role in this evolving landscape, have experienced their fair share of challenges and reservations regarding their participation in remote hearings. The profound complexities of being a legal interpreter have been further amplified within these digital realms, consequently yielding significant implications for the fundamental rights of the litigants involved. In light of these developments, concerns have been raised regarding the accuracy and reliability of interpreter-authored translations in the context of legal settings. The potential impact of these apprehensions on the overall integrity and fairness of legal proceedings cannot be understated, thereby necessitating a comprehensive examination and resolution of these pertinent issues.[20]
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Another aspect worth mentioning is the provision of hands-on experience in legal drafting is a feature of most practice-oriented legal curricula.[21] The preparation of legal documents is equally crucial for law students planning to become legal practitioners. There are several different kinds of legal documents that legal practitioners write in traditional practice models, which includes factual legal memoranda, demand letters, pleadings, motions, trial advocacy materials, and appellate advocacy materials.[22] Teaching students how to draft effective legal documents is at the core of most legal education programmes, and drafting exercises are part of most legal writing courses for lawyers. However, the drafting exercises that the students will find in law school are limited in number, as well as in the types of legal documents. For that reason, these exercises may be insufficient to teach the students all the necessary drafting skills they need to succeed in practice. The trouble is not enough variety in the types of drafting exercises. Typically, students are only required to write memos and client advice letters or to write and present oral arguments. Other types of documents that practitioners draft are left out of the legal writing curriculum.[23]
This omission of other important document types can hinder students' ability to effectively navigate the complex landscape of legal practice. In order to bridge this gap, it is crucial for legal education programmes to expand the range of drafting exercises offered to students. By incorporating a wider variety of document types, such as contracts, pleadings, and legal opinions, students can develop a more well-rounded skill set that prepares them for the demands of their future careers.[24]
By expanding the range of drafting exercises, students will not only enhance their ability to effectively communicate through written documents, but they will also gain a deeper understanding of the intricacies involved in different legal scenarios. This comprehensive approach to legal writing education ensures that students are equipped with the knowledge and skills necessary to draft a diverse array of documents, tailored to the specific needs of their clients.
Furthermore, the inclusion of different document types in drafting exercises exposes students to the nuances of legal practice, such as the importance of precision and attention to detail in contract drafting, or the persuasive techniques employed in the formulation of legal opinions. These experiences provide students with valuable insights into the practical realities of the legal profession, helping them to become well-rounded and proficient legal professionals.
In conclusion, the expansion of drafting exercises in legal education programmes is essential for adequately preparing students for the challenges they will face in real-world legal practice. By incorporating a wider variety of document types, students can develop a more comprehensive set of skills and gain a deeper understanding of the intricacies of
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legal writing. By bridging this gap, legal education programmes can produce competent and capable lawyers who are equipped to navigate the diverse and complex landscape of the legal profession.
There is relatively little research on non-native English speaking legal professionals, and there is a gap in this field. Therefore, future research needs to be performed in this regard. It is advised that future researchers understand the importance of legal translation in a broader social and professional context, to understand the real-world interpretation of the legal translation process by observing it and understanding the challenges faced by non-native legal professionals. In addition, participants in future studies should be guided by problem-oriented rather than product-oriented translation. Future research should identify and document all the problems and challenges faced by the participants within the legal context and should also provide logical solutions or suggestions as part of the research findings to challenge these difficulties.
Non-native English speaker legal practitioners experience several linguistic challenges due to differences between the source and target languages. Attribution to the differences in the linguistic systems, legal practitioners have difficulty in identifying equivalence,[25] difficulties arise from the application of different word order, formal structure, and complex structure in legal sentences. Moreover, speakers and writers of one language often use linguistic or grammatical structures that are not acceptable or used by speakers and writers of another language. On the one hand, non-native speakers encounter semantic challenges as they find equivalence in the legal context. This is combined with the fact that non-native professional have problems translating legal, religious and culture specific terms, facing syntactic challenges such as differences in phrases, word order, and the complex nature of legal sentences. On the other hand, they encounter co-cultural and interpretative challenges caused by cultural differences between source and target languages.
The use of "jargon" or the specialised and technical language of law may persuade us to think that legal discourse is only highly technical and has no words or phrases that are generally known or generally understandable.[26] However, trained observers of the legal system, for example, researchers, know that many legal professionals rely on words outside a specialised and technical language. Instead, they discuss them in plain language and declare their stance on these words in a legal system. Furthermore, communicational, professional, and generic barriers are not only limited to legal professionals speaking or/
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and writing in law, such as judges, lawyers, police, probation officers, and others. Instead, people who speak to and work for the law on the side of the public, for example, a person defending oneself in front of a court for a traffic offence, or for example, a person who works for the law as a side of the public for example, a person who wanted to report a criminal act.
English has become the most essential language for global communication. The acquisition of professional language, particularly in technical and specialized fields such as law, requires a great deal of attention. This is even more complex for non-native English speaker legal practitioners, who are facing multi-layered challenges due to the fact that English legal terminology is embedded in the common law legal system as opposed to, for example, the Hungarian legal terminology, which is embedded in the civil law legal system. Moreover, global English is highly diversified and legal English lexicon translational strategies varies from one translator to another.[27] Additionally, legal discourse in Hungarian is characterised by being fixed, detached and theoretical when compared to its English counterpart, which is characterized by being nonpositive, interactive and practical. Each of the two languages has a context and connotative meanings for its core technical terms, which makes the process of defining and differentiating them across cultures a daunting task.
Cultural factors play an incredibly significant and pivotal role in shaping and moulding legal concepts, exerting an immensely profound influence on language patterns, and contributing to the validation and acceptance of legal ideas prevailing within a society.[28] These cultural elements serve as a fundamental bridge, a crucial link between the abstract concept and its tangible expression in the vast realm of law. The successful introduction and assimilation of novel legal terms fundamentally rely on the incorporation of diverse cultural components within both national and international legal language models, catering to precise interpretation and seamless translation.
The complexity deepens significantly when considering the varying legal systems and national languages that inherently possess their own distinctive and unique lexicons and terminologies, thereby presenting an arduous and formidable challenge in the pursuit of finding suitable and accurate equivalents across jurisdictions.[29] Moreover, the profound impact of assorted legal traditions profoundly influences the structure and sequential arrangement of legal documents, carrying substantial implications for how legal authorities perceive, comprehend, and delineate the rights and responsibilities of individuals within their respective spheres. Consequently, the linguistic counterparts in divergent legal systems may inherently serve contrasting pragmatic functions and carry distinct emotional weight in
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their employment and application, further emphasising the need for sensitivity, meticulous attention to detail, and comprehensive translation and interpretation approaches.[30]
Focus is also placed on the importance of cultural factors for the linguistic form and content of legal documents. Legal professionals must understand how individuals attribute significance to social circumstances and interpret and engage with them. Dealing with these issues involves navigating existing communicative conventions and grappling with diverse cultural norms in order to achieve harmonious outcomes. As legal professionals navigate these intricate challenges, it becomes imperative to gain a comprehensive understanding of how individuals attribute significance to social circumstances. This requires an awareness of the various ways in which participants interpret and comprehend these contexts and how they engage with them. Additionally, effective resolution of these issues necessitates adeptly navigating and adhering to the existent communicative conventions while simultaneously grappling with the complexities inherent in diverse cultural norms. Addressing these problems involves understanding how participants ascribe meaning to social situations, signalling and orienting to existing communicative conventions, and dealing with competing cultural norms.
Given the significant influence of the legal profession and academia, this cultural phenomenon has widespread effects on social justice and access to justice.[31] The profession's important role will continue to be a topic of interest, and now is a good time to research the connections between these two fields, as seen in the literature on cross-cultural education and legal communication.[32] This will require legal practitioners, academia, other relevant stakeholders to collaborate in developing effective strategies for improving language proficiency and legal understanding among non-native English speakers. It is crucial for legal practitioners to be able to effectively communicate and comprehend legal concepts in English in order to navigate the complexities of the legal system and provide competent representation for their clients. Additionally, continued research and education in this area will help bridge the gap between language barriers and ensure fair and just outcomes for all individuals involved in the legal process. In summary, this chapter has aimed to shed light on the personal, societal, cultural, and professional issues that non-native English speakers face when practicing law in a language other than their own.[33] Through increased awareness and targeted education programmes, these challenges can be effectively addressed and overcome.
The issue of legal bilingualism[34] is becoming increasingly important in the global marketplace. The extent and complexity of the challenges that legal faculties face in
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providing instruction in law and linguistic development for non-native English speaker legal practitioners include strategies for improving language proficiency and legal terminology acquisition, as well as cultural sensitivity training. Additionally, incorporating real-world case studies and simulations can enhance practical understanding of legal concepts and language usage. Ultimately, effective instruction in law and linguistic development is vital for non-native English speaker legal practitioners to navigate the complexities of the legal field with confidence and competence.[35] It also explores potential solutions and best practices for addressing these challenges. Many legal educators in Hungary are implementing specialized language courses for non-native English speakers to improve their legal English skills.[36] This includes legal writing workshops and language immersion programmes[37] designed to enhance their proficiency in legal terminology and communication. Additionally, some faculties of law are incorporating bilingual courses and offering resources such as online dictionaries and language support services to assist non-native English speaker legal practitioners in their studies and professional development. Overall, the efforts to bridge the intersection of law and language are essential in ensuring that non-native English speakers are adequately prepared to navigate the complexities of the legal profession.
Incorporating language proficiency in legal curricula is one possible strategy to alleviate the language barrier.[38] Students in law can benefit from specialised language courses tailored to legal terminology and writing skills.[39] These courses can help non-native English speakers improve their communication abilities within the legal field. In order to ensure that students can understand varied register of legal discourse, it is not enough merely to train them to be able to produce relatively accurate English or to improve their ability to understand "standard" or "International English". A preparatory and supportive training would help to improve the extent to which the legal professional can communicate effectively with people from different linguistic backgrounds, particularly when practising in the context of an "international" and "globalized" legal environment.[40] This training could include
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language courses, cultural awareness workshops, and practice in legal translation and interpretation skills. By incorporating language proficiency in legal curricula,[41] non-native English speaker legal practitioners can enhance their ability to navigate the complexities of the intersection of law and language.
Given the importance of language in legal practice, it is crucial to address the second major challenge for non-native English speakers in the legal practice - the barrier of language proficiency. English has long since expanded across territorial boundaries and has become a universal language. It is greatly used in all spheres of life including international politics, economy, science, every day communications, and, law practice is no different. English is used as the dominant language of international commercial arbitration and of international trade generally.
Language training programmes are designed to provide non-native English speaker legal practitioners with the necessary linguistic skills to effectively communicate in the legal field. These programmes often focus on legal terminology, writing skills, and oral communication.[42] A course focused on the structure of legal language, with materials designed to support is an ideal way for non-native English speaker legal practitioners to improve their language skills. By learning the nuances of legal terminology and practicing effective writing and speaking techniques, these professionals can enhance their ability to communicate effectively in a legal setting. Additionally, developing a strong foundation in the structure of legal language can help non-native English speakers navigate complex legal documents and conversations with confidence and precision. This can be achieved through specialised language courses and immersion programmes tailored specifically to legal terminology and communication strategies: (a) strategic legal analysis for specific cases, time periods, and legal practices; (b) the identification of language aspects and their appropriate use in dedicated courses that include practical analysis; and (c) the
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development of professional behaviour. English language courses for law have a tendency only to cover exam-level knowledge and do not prepare students for professional use in specific contexts.[43] This results in legal practitioners lacking the necessary language skills to effectively communicate with clients and colleagues in a legal setting. Additional language training programmes tailored to the needs of non-native English speaking legal professionals are essential in addressing this gap. These programmes should focus on developing proficiency in legal terminology, drafting legal documents, and conducting negotiations in English. By providing comprehensive language training, non-native English speaking legal practitioners can enhance their professional skills and effectively navigate the intersection of law and language. For example, the inclusion of specialised vocabulary, legal terminology, and communication strategies in these programmes can greatly benefit practitioners in their interactions with clients and colleagues. Additionally, simulations of real-life legal scenarios can help improve practical language skills and boost confidence in handling various legal situations. Overall, language training programmes play a crucial role in equipping non-native English speaking legal professionals with the tools they need to succeed in the legal field.
Country-specific training programmes are essential for non-native English speaker legal practitioners to navigate the complexities of the legal system in a foreign country and effectively communicate with clients and colleagues. These programmes often focus on legal terminology and language skills, as well as cultural nuances and communication strategies. Additionally, they may offer opportunities for immersive language practice and interaction with native speakers in a legal context. In Hungary, there are language training programmes specifically tailored for legal professionals, such as specialized legal English courses offered by universities or language institutes. These programmes aim to improve participants' legal vocabulary and communication skills, preparing them for the unique language demands of the legal field. One example is the Legal Translator's Training program organised by the Institute for Comparative Law and Legal Theory at the University of Szeged. This program focuses on enhancing language proficiency in specialised legal terminology and promoting cross-cultural understanding among legal professionals. The courses offered aim to provide non-native English speaker legal practitioners with the necessary skills to navigate the complexities of the legal field in an English-speaking environment.[44] By improving their language proficiency, participants are better equipped to communicate effectively with clients, colleagues, and judges. Additionally, these programmes often focus on legal terminology, writing skills, and cultural nuances to ensure participants can effectively represent their clients in English-speaking courts. The ultimate goal of these language training programmes is to bridge the gap between language barriers and legal expertise, ultimately enhancing the professional development of non-native English speaker legal practitioners.
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The process of learning a language is ongoing for individuals with limited English proficiency,[45] and the professional growth and continuous education are essential for lawyers' lifelong learning. Regardless of new titles, lawyers must consistently participate in continuing education programmes to stay updated on changes in the legal field and maintain their proficiency in both English and legal terminology. This ensures that non-native English speaker legal practitioners can effectively communicate and navigate the complexities of the law. In order to fulfil their continuing professional development requirements, non-native English speaker legal practitioners may choose to attend language courses specifically tailored to legal terminology. Additionally, they can participate in workshops or seminars focused on improving their language skills within the legal field. These opportunities provide valuable resources for individuals looking to enhance their communication abilities and stay current with the latest developments in legal language usage. Failing to uphold professionalism and social responsibility, particularly in certain genres of legal writing that influence societal structures and obligations, as well as the shift away from English-dominant legal systems in cases of culturally relevant English language proficiency, leads to ongoing criticism and scrutiny from colleagues and clients alike.[46] Therefore, it is crucial for non-native English speaker legal practitioners to prioritise ongoing professional development and continuing education in order to navigate these challenges effectively. This may involve attending workshops, seminars, or courses specifically tailored to improving language skills and understanding the nuances of legal terminology in an English-speaking context. By investing in their professional growth and language proficiency, non-native English speaker legal practitioners can not only enhance their credibility and effectiveness in their field, but also contribute to a more inclusive and diverse legal profession overall.
To counterbalance all the above challenges and to enhance their legal linguistic skills, non-native English speaker legal practitioners can participate in specialised workshops and training programmes.[47] These workshops focus on improving language proficiency, legal terminology, and writing styles specific to the legal field. By actively engaging in these educational opportunities, legal professionals can bridge the gap between their language abilities and the demands of their profession. Workshops designed to enhance legal linguistic skills provide a valuable platform for non-native English speakers to improve their understanding of legal terminology and language nuances. These workshops often focus on practical exercises and interactive activities to reinforce learning and facilitate
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language acquisition. Additionally, they offer opportunities for participants to network with other legal professionals and exchange insights on language challenges faced in the legal field. Overall, workshops designed to enhance legal linguistic skills play a crucial role in the professional development of non-native English speaker legal practitioners. They provide practical exercises, constructive feedback, and opportunities for networking. This helps participants improve their legal language proficiency and gain confidence in their communication skills. Additionally, workshops focus on developing vocabulary related to legal terminology and practicing writing legal documents.
In Hungary, the feasibility of implementing workshops on improving legal linguistic skills for non-native English speaker legal practitioners has been discussed extensively within the legal community. Examples include conferences on professional translation and interpretation, language proficiency courses, and interactive training sessions and the resulting publications reflecting upon their findings.[48] These workshops aim to enhance the communication skills of non-native English speaker legal practitioners in order to improve their performance in a diverse and global legal environment. They also provide valuable opportunities for networking and collaboration among professionals in the field. Additionally, the workshops address specific challenges that non-native English speakers may face in understanding and applying legal terminology and concepts in a second language. Overall, these initiatives play a crucial role in promoting language diversity and inclusivity in the legal profession. Another solution might be to provide specialized language training tailored specifically for non-native English speaking legal practitioners, focusing on legal terminology and writing skills. This would help bridge the gap between language barriers and ensure effective communication within the legal field.
A number of legal writing courses are available to help non-native English speaker legal practitioners improve their skills in drafting and analysing legal documents.[49] They mainly focus on teaching grammar, vocabulary, and legal writing techniques specifically tailored to non-native English speakers. These courses also provide practice opportunities for students to enhance their writing abilities and gain confidence in expressing legal concepts accurately and effectively. Additionally, they may cover topics such as legal research methods, citation styles, and persuasive writing strategies to further develop the students' proficiency in legal writing. In the above-mentioned Translators' Training Programme at the University of Szeged, Faculty of Law, students are also taught the importance of precision and clarity in legal writing.[50] Furthermore, they are trained in drafting legal documents and analysing case law to enhance their practical skills in the field. The specialised course on
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drafting legal documents includes practical exercises and assignments that simulate real-world legal scenarios. Students also learn how to effectively communicate legal arguments in a clear and concise manner. Students also learn how to conduct legal research and analyse case law in legal writing courses. This covers briefing cases and drafting legal memoranda. Additionally, students practice writing persuasive arguments and honing their communication skills. Overall, legal writing courses provide non-native English speaker legal practitioners with the necessary tools to effectively communicate in the legal field. Having completed the course, many students feel more confident in their ability to draft legal documents and communicate with clients in English. Additionally, they are better equipped to navigate the nuances of legal language and terminology. This ultimately leads to improved professionalism and credibility in their legal practice. This is coupled with translation exercises that focus on legal terminology and writing style. Additionally, students are often required to draft legal documents and analyse case law to enhance their writing skills. Through these courses, non-native English speaker legal practitioners can gain the necessary proficiency to effectively communicate and advocate on behalf of their clients. This training equips them with the skills needed to draft persuasive legal documents and present arguments in court.
The following example will provide insights into how language barriers can impact legal proceedings for non-native English speaker legal practitioners. The language barrier often leads to misunderstandings and misinterpretations of legal terms. The Hungarian term of art often differs significantly from its English equivalent, causing confusion for non-native English speaker legal practitioners. This can result in errors in legal documents and contracts, leading to potential legal disputes and complications. Additionally, the cultural differences in legal systems can further complicate matters, as different countries may have varying interpretations of the same legal concepts. It is crucial for non-native English speaker legal practitioners to seek additional support and resources to navigate these challenges effectively. Let us take the example of the Hungarian legal procedural tern felmentés". This term of art has divergent meanings depending on the context in which it is used. In criminal law, 'felmentés' refers to acquittal, while in civil law or in employment law, it denotes discharge, exemption or dismissal. This ambiguity can pose challenges for non-native English speaker legal practitioners when interpreting and applying legal documents. To support this divergence in interpretation, it is essential for non-native English speaker legal practitioners to have a strong understanding of legal terminology and concepts. Additionally, seeking guidance from experienced colleagues or language experts can help navigate these complexities effectively. For example, translating Decision 3294/2019 (XI. 18.) AB of the Constitutional Court of Hungary[51] into English will require a thorough understanding of legal terminology and nuances. The term 'felmentés' is used in exactly in the same divergent manner as described above: the petitioner in the case was a member of the professional staff of the armed personnel, against whom disciplinary proceedings
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were instituted concerning insubordination during service duty. The proceedings were subsequently terminated without pronouncing the petitioner subject to the proceedings 'acquitted' ('fegyelmi felmentés' in Hungarian, not to mention that this expression has no statutorily crystallised definition[52]) because the criminal proceedings also instigated against him had been terminated on account of lack of a criminal offence; however, the petitioner was discharged (dismissed - 'felmentés') from service assignment by the person having the status of disciplinary authority for reasons concerning the deteriorated state of health of the petitioner. This example might shed some light on the difficulty that non-native English speaker legal practitioners face when navigating the intersection of law and language in real-life situations. The term 'felmentés' was used in this divergent meaning within the same Constitutional Court Decision, leading an inexperienced legal translator to arrive at an incorrect translation. In this case, the lack of familiarity with legal terminology in English can result in serious misunderstandings and potential legal consequences. It is crucial for non-native English speaker legal practitioners to continuously improve their language skills and legal knowledge to effectively navigate these complex situations.
In view of the foregoing considerations and on the authority of the court decision Case Decision outlined above, it becomes evident that legal practitioners who are not native English speakers encounter distinctive and complex challenges when navigating the convergence of law and language. These challenges require careful and thoughtful attention in order to ensure effective resolution. With additional research and consistent support, these unique hurdles can be effectively addressed and overcome. One potential approach to addressing this issue could involve enhancing language proficiency programmes specifically designed for non-native English speakers. By bolstering these programmes, legal professionals can improve their linguistic skills, thereby enabling them to confidently manoeuvre the intricate landscape of law. Furthermore, it may be beneficial to incorporate comprehensive language training initiatives within existing legal education programmes. This integration would empower aspiring lawyers with the necessary linguistic tools to excel in their legal practices. Consequently, by implementing such proactive measures, the intersection of law and language can be more easily navigated and potential obstacles can be surmounted with greater ease and efficacy.
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A nyelvtudás létfontosságú szerepet játszik a jogi szakmában. A rossz kommunikáció és a nyelvi akadályok különböző kihívásokhoz vezethetnek a jogi területen. A nem megfelelő nyelvi képességek akadályozhatják a jogi szakemberek és ügyfeleik közötti világos és hatékony kommunikációt, ami félreértésekhez, pontatlan tanácsadáshoz és a jogi ügyekre nézve potenciálisan káros következményekhez vezethet. Emellett a bírósági eljárásokban részt vevő feleknek nehézséget okozhat az összetett jogi kifejezések megértése vagy a több kikötést tartalmazó, hosszú mondatok megfejtése. Ez jelentős kockázatot jelent, különösen az angol nyelvet nem anyanyelvi szinten beszélők számára, mivel olyan nyelvi akadályokkal küzdenek, amelyek akadályozhatják szakmai fejlődésüket és sikerüket. Figyelembe véve a jogi területen a nyelvtudás hiányának lehetséges következményeit, elengedhetetlenül szükségessé válik átfogó kutatást végezni és intézkedéseket végrehajtani az angolul nem beszélő jogi szakemberek nyelvtudásának javítása érdekében. Ezáltal áthidalhatjuk a nyelvi akadályok okozta szakadékot, és biztosíthatjuk az igazságszolgáltatáshoz való egyenlő hozzáférést minden egyén számára, nyelvi háttértől függetlenül. Az angolul nem anyanyelvi szinten beszélők igényeire szabott célzott nyelvi képzési programokkal, műhelymunkákkal és erőforrásokkal képessé tehetjük a jogi szakembereket arra, hogy leküzdjék a nyelvi akadályokat, és szakmai életükben boldoguljanak. ■
NOTES
[1] Hirai, Michihiro: Correlations between active skill and passive skill test scores. Shiken. JALT Testing & Evaluation SIG Newsletter 2002/3. 2-8. pp.
[2] Kurlander, Dana et al.: Advocating for language equity. A community-public health partnership. Front. Public Health 2023. 11:1245849, 2-3. pp. doi: https://doi.org/10.3389/fpubh.2023.1245849
[3] Nukapangu, Venkanna - Kumar, Tribhuwan: Using Language Learning Strategies to Enhance Writing Skills. An Empirical Study of Student-Centered Learning Approaches In Saudi Context. Ijaz Arabi 2024/1. 6-7. pp. doi: https://doi.org/10.18860/ijazarabi.v7i1.26317
[4] Nhac, Huong: Challenges in Learning Legal English from Students' Perspective at Hanoi Law University. International Journal of Language and Literary Studies 2021/2. 177-188. pp. doi: https://doi.org/10.36892/ijlls.v2i3.675
[5] Orts Llopis, Maria Angeles: Legal English as the Lingua Franca for International Law. Traits and Pitfalls for ESP Practitioners and Legal Translators. In: Keng, Nicole - Nuopponen, Anita - Rellstab, Daniel (eds.): Ääniä, Röster, Voices, Stimmen. VAKKI-symposiumi XXXVII 9.-10.2.2017 Vaasa. VAKKI. Vaasa 2017. 17-28. pp.
[6] Orts Llopis 2017, 19. p.
[7] Orts Llopis 2017, 25. p.
[8] Orts Llopis 2017, 22. p.
[9] Bell, John: Sources of Law. The Cambridge Law Journal 2018/1. 40-71. pp. doi: https://doi.org/10.1017/S0008197318000053.
[10] Carney, Terrence: Linguistics for legal interpretation. UJ Press. Johannesburg, 2023. 11-40. pp. doi: https://doi.org/10.36615/9781776438891.
[11] Robertson, Colin: Multilingual Legislation in the European Union. EU and National Legislative-Language Styles and Terminology. Research in Language 2011/1. 54-56. pp. doi: https://doi.org/10.2478/v10015-011-0011-3.
[12] Norrgård, Marcus: The Balance between Two National Languages and Challenges of Bilingualism in Legal Education in Finland. In: Etcheverry Estrázulas, Nicilás (ed.): Bilingual Study and Research. The Need and the Challenges. Springer. Cham, 2022. 125-129. pp.
[13] Turner, Kim - Hughes, Nathan: Supporting young people's cognition and communication in the courtroom. A scoping review of current practices. Criminal Behaviour and Mental Health 2022/3. doi: https://doi.org/10.1002/cbm.2237.
[14] Pappa, Marina: At the Crossroads of Legal and Technical Translation. The Case of Personal Data. AWEJ for Translation & Literary Studies 2023/2. 157-158. pp.
[15] Schneiderová, Anna: Historical Background to English Legal Language. Journal of Modern Science 2018/2. 117-126. pp. doi: https://doi.org/10.13166/jms/92522.
[16] Valero-Garcés, Carmen: Linguistic and Paralinguistic Aspects in Legal Interpretation. Some Strategies and Programs. Revista Alicantina de Estudios Ingleses 1996. 133-142. pp.
[17] Láncos Petra: New technologies in the court. Remote hearings and hybrid interpreting during the pandemic. Across Languages and Cultures 2023/2. 257-267. pp. doi: https://doi.org/10.1556/084.2023.00327.
[18] Byrom, Natalie: What we know about the impact of remote hearings on access to justice. A rapid evidence review. Briefing paper. Nuffield Family Justice Observatory - The Legal Education Foundation. London, 2020. 2-5. pp.
[19] Byrom 2020, 6. p.
[20] Valero-Garces, Carmen: Training Public Service Interpreters and Translators in the Legal Context. Slavonic Pedagogical Studies Journal 2016/2. 320-336. pp. doi: https://doi.org/10.18355/PG.2016.5.2.320-336.
[21] Wilcox, Jamison: Teaching legal drafting effectively and efficiently. By dispensing with the myths. Journal of legal education 2007/3. 448-466. pp.
[22] Marković, Marko - Gostojić, Stevan: Legal document assembly system for introducing law students with legal drafting. Artifcial Intelligence and Law 2023/4. 860. p. doi: https://doi.org/10.1007/s10506-022-09339-2.
[23] Morton, Chantal: Foreword, Teaching Legal Writing. Legal Education Review 2016/1. vi-ix. pp. doi: https://doi.org/10.53300/001c.6081.
[24] Winek, Kirsten: Writing Like a Lawyer. How Law Student Involvement Impacts Self-Reported Gains in Writing Skills in Law School. Doctoral dissertation. University of Toledo. Toledo, 2019. 27-43. pp.
[25] AlSaeed, Atheer Ali Mohammad - Abdulwahab, Montasser Mohamed: Functional Equivalence in Legal Translation. Legal Contracts as a Case Study. Global Journal of Politics and Law Research 2023/3. 72-150. pp. doi: https://doi.org/10.37745/gjplr.2013/vol11n372150.
[26] Trosborg, Anna: The Performance of Legal Discourse. HERMES. Journal of Language and Communication in Business (9)1992. 8-9. pp. doi: https://doi.org/10.7146/hjlcb.v5i9.21503.
[27] Du, Yunlei: Research on English Translation Strategies in Legal Applications. International Journal of Education and Humanities 2024/2. 136-138. pp.
[28] Merry, Sally: Legal Pluralism and Legal Culture. Mapping the Terrain. In: Tamanaha, Brian Z. - Sage, Caroline Mary - Woolcock, Michael J. V. (eds.): Legal Pluralism and Development. Scholars and Practitioners in Dialogue. Cambridge University Press. Cambridge, 2012. 66-82. pp.
[29] Pleasence Pascoe - Balmer, Nigel J. - Denvir, Catrina: How People Understand and Interact with the Law. Research Report. Pascoe Pleasence Limited. Cambridge, 2015. 25-30. pp.
[30] Peruzzo, Katia: Legal translation and interpreting. Between old and new theoretical, discursive and professional perspectives. International Journal of Legal Discourse 2017/2. 256-257. pp. doi: https://doi.org/10.1515/ijld-2017-0009.
[31] Galanter, Marc: Access to Justice in a World of Expanding Social Capability. Fordham Urban Law Journal 2010/1. 119-121. pp.
[32] See, for example, Aurelia, Medrea Nicoleta: Cross-Cultural Communication. A Challenge to English for Legal Purposes. Procedia. Social and Behavioral Sciences 2012. 5475-5479. pp.
[33] Starostina, Oksana - Horytska, Olena: Peculiarities of teaching a foreign language to lawyers students. Linguistics and Culture Review 2021/4. 881-890. pp. doi: https://doi.org/10.21744/lingcure.v5nS4.1771.
[34] Macdonald, Roderick A.: Legal Bilingualism. McGill Law Journal 1997/1. 121-167. pp.
[35] Dumina, Evgenia, - Cuadros, Simon Suarez: Teaching Writing In A Foreign Language To Law Students Using Authentic Internet Resources. SHS Web of Conferences 2020/88. 1-3. pp. doi: https://doi.org/10.1051/shsconf/20208802009.
[36] Northcott, Jill: Teaching legal English. Contexts and cases. In: Belcher, Diane (ed.): English for Specific Purposes in Theory and Practice. University of Michigan Press. Ann Arbor, 2009. 165-185. pp.
[37] Clarence, Sherran - Albertus, Latiefa - Mwambene, Lea: Building an evolving method and materials for teaching legal writing in large classes. Higher Education 2014/6. doi: https://doi.org/10.1007/s10734-013-9707-8.
[38] Northcott, Jill: Language Education for Law Professionals. In: Gibbons, John - Turell, M. Teresa (eds.): Dimensions of Forensic Linguistics. John Benjamins Pub. Amsterdam, 2008. 27-46 pp.
[39] See, for example, the Common Law and English Legal Translation LL.M, the International and European Trade and Investment Law Program, the Undergraduate and Graduate Courses and the Comparative Intellectual Property Law (CIPL) LLM training programmes at the university of Szeged, Faculty of Law, Institute for Comparative Law and Legal Theory.
[40] For example, at the University of Szeged, Faculty of Law, Institute for Comparative Law and Legal Theory offers the Common Law and English Legal Translation Lawyers and Consultants Training Programme, being for the duration of 4 semesters at the end of which students will be entitled to hold an LL.M title. In the course of the programme, students will be grounded in legal translation from Hungarian into English and vice versa while exploring and acquiring the required terminology as well as deepening their understanding of how this transformation is reflected in a variety of legal aspects in most common law systems. The International and European Trade and Investment Law LL.M, on the other hand, provides thorough professional and theoretical education in English for students interested in the investment and commercial environment of the European Union. Students who intend to be corporate managers or emissaries in diplomacy or aspire to build successful legal careers in connection with the EU in any other field will also benefit from the course.
[41] One could mention the Undergraduate and Graduate Courses at the University of Szeged, where the palette of courses offered by the Institute for Comparative Law and Legal Theory provides a cross-section of the entire legal training. As such, it comprises a variety of compulsory courses to be taken, among which one may find The World of Legal Systems, Basics of Social Sciences, Legal Theory, Sociology of Law, revealing the general operational framework and principles of the Hungarian and foreign legal systems. Besides compulsory ones, the Institute offers a broad spectrum of specialised and practice-oriented courses. Adjusted to the research fields of the Institute staff, these courses are offered to anyone as electives and may also be taken by those participating in the International Legal and Foreign Language Module. Furthermore, the Institute organises training programmes in various foreign languages for graduate and post-graduate students.
[42] See, for example, the above-cited training programmes offered by the University of Szeged, Faculty of Law, Institute for Comparative Law and Legal Theory, the syllabus of which comprises courses designed to improve students' skills such as Criminal Law, Intellectual property, Computer-assisted translation and editing, Translation of Political Scientific and Public Administrative Texts, Trial Advocacy, Case Law, Civil Procedure, Contracts, English Language Skills, Evidence Law, International Sale of Goods, etc.
[43] Luczak, Aleksandra: Legal English Courses at Universities. Should We Prepare Students for Certificate Exams or Communication in the Work Place? International Journal of Arts and Sciences 2010. 2-14. pp.
[44] See, fn. 42.
[45] Nithideechaiwarachok, Bussayarat - Maneekanon, Ornpiya - Bubphada, Thirapong: Exploring English Language Proficiency, English Language Problems, and English Needs Among First Year Undergraduate Students. International Journal of Learning, Teaching and Educational Research 2022/12. 273-290. pp.
[46] Parker, Christine: A Critical Morality for Lawyers. Four Approaches to Lawyers 'Ethics. Monash University Law Review 2003/1. 53-64. pp.
[41] Sierocka, Halfna - Chovancová, Barbora - Kordić, Ljubica: Addressing the Needs of Lawyers in Legal English. A Comparative Study in Four European Union Countries. Comparative Legilinguistics 2018/33. 57-88. pp. doi: https://doi.org/10.14746/cl.2018.33.3.
[48] Balogh Dorka - Lesznyák Márta: Project Work in the Legal Translation Classroom. First Results of an Empirical Investigation. In: Horváth Ildikó (ed.): Latest Trends in Hungarian Translation Studies. Court interpreting, conference interpreting, terminology, audiovisual translation and revision. Eötvös Loránd University Department of Translation and Interpreting. Budapest, 2018.
[49] Brown, Rafael Dean - Raza, Kashif: Materials Development in EALP Legal Writing Courses. Language Teaching Research Quarterly (15)2020. 33-49. pp.
[50] See, for example, https://www.ojji.u-szeged.hu/images/dokumentumok/kepzesek/OJJI_angolszasz_kurzusok.pdf
[51] See at https://alkotmanybirosag.hu/ugyadatlap/?id=27520729650C2000C125802200587CFE or the executive summary in English at https://hunconcourt.hu/datasheet/?id=27520729650C2000C125802200587CFE
[52] The only official mention of the term is mentioned in Decision in principle of the Curia Case Decision No EBH2003.901.
Lábjegyzetek:
[1] The author is Lecturer in Law, University of Szeged, Faculty of Law, Institute for Comparative Law and Legal Theory
Visszaugrás
