comparaître par ministère d'avocat à la Cour...devant le Tribunal

English translation: to summons ABC to be legally represented before the Court of...

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:comparaître par ministère d\'avocat à la Cour...devant le Tribunal
English translation:to summons ABC to be legally represented before the Court of...
Entered by: Vivien Green

12:05 Jul 31, 2019
French to English translations [PRO]
Law/Patents - Law (general) / Asbestos report - locatio
French term or phrase: comparaître par ministère d'avocat à la Cour...devant le Tribunal
This appears in a summons for a Luxembourg court case. The full context is:

Je soussigné [M. X] ai donné assignation à [A, B et C] à comparaître par ministère d'avocat à la Cour...devant le Tribunal d'arrondissement de et à Luxembourg.

Can anyone help with the wording here?
Vivien Green
United Kingdom
to summons ABC to be legally represented before the Court of...
Explanation:
"Je soussigné [M. X] ai donné assignation à [A, B et C] à comparaître par ministère d\'avocat à la Cour...devant le Tribunal d\'arrondissement de et à Luxembourg."

"I, the undersigned M. X. hereby summons ABC to appear, legally represented, before the Court of XYZ, ..."

It does not seem to be a summmons for ABC to appear with legal representation, but for ABC to be legally represented.

Maybe you could go with a short form that still makes use of standard legalese "to summons ABC to be legally represented before the Court of...". Quite honestly, that is xhat the source seems to be saying and "legal representation" is a standard phrase and obviosuly means that those with the relevant rights of audience can represent ABC in the court in question. Gets you round the problem of barrister, counsel, barrister-at-law etc., not to mention the question of whether of not ABC is to be present with the legal beagles.
Selected response from:

Nikki Scott-Despaigne
Local time: 02:24
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5to enter an appearance through a barrister... before the Tribunal
Eliza Hall
4to summons ABC to be legally represented before the Court of...
Nikki Scott-Despaigne
4enter an appearance through the agency of ('acting by') a Barrister-at-Law... before the Court
Adrian MM.


Discussion entries: 4





  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
comparaître par ministère d'avocat à la Cour...devant le Tribunal
enter an appearance through the agency of ('acting by') a Barrister-at-Law... before the Court


Explanation:
Previous ProZ answers have forgotten the at-Law extension that can be used, even by non-practising and retired members of the Bar.

BTW, there used to be a Barrister-Solicitor/Avocat -Avoué divide in Belgium and Luxembourg up to 40 years ago, the Avoué title still coming up in Courts of Appeal in the South of France.

Thanks anyway for the title that I will now use instead of Avocat plaidant vs. postulant.

Example sentence(s):
  • S v S; in re S (An Infant, *by her Guardian ad Litem* the Official Solicitor to the Supreme Court) v S; W v Official Solicitor (Acting as Guardian ad Litem for a Male Infant Named PHW): House of Lords 1970

    Reference: http://eng.proz.com/kudoz/french-to-english/law-general/1448...
    Reference: http://fr.wikipedia.org/wiki/Avoué_(France)
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Right idea but Barrister-at-Law is much to E&W/Commonwealth/Ireland an expression here, and "through the agency of" is really unnecessary waffle
23 hrs
  -> Indeed, though it is more for ref. - and my own titular use.// waffle 1. that is why I added 'acting by' in brackets 2. 'through the ministerial agency of' - query: still usable in a tortious or Scots delictual context: James on Tort (1969).

neutral  Eliza Hall: You've got the gist, but this doesn't sound like the phrasing one would see in a summons, and it's about half a dozen words longer than it needs to be.
1 day 1 hr
  -> That never never stopped you lifting half of the wording.
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1 hr   confidence: Answerer confidence 5/5
comparaître par ministère d\'avocat à la Cour...devant le Tribunal
to enter an appearance through a barrister... before the Tribunal


Explanation:
"Avocat à la Cour" is a term for which you don't need to translate the last bit, because there is no equivalent distinction in English. "Barrister" suffices, if you're translating for a British audience. For the US you could just say "through its counsel." See explanation below. And "through" is all you need for "par le ministère de."

So, comparaître = appear or enter an appearance; in this case you would use the latter because an assignation happens at the very earliest stage of a civil action, and a lawyer technically has to "enter an appearance" (file a paper stating that they are X party's lawyer, or possibly, depending on local practices, show up in court and formally so state) before they can "appear" (i.e. make an argument or do anything else in court on behalf of their client).

The distinction that doesn't exist in English is between "avocat à la Cour" and "avocat au barreau." They both mean barrister, i.e., an attorney who argues cases in court. The distinction is just based on where the barrister practices: if she's based in a jurisdiction where a court of appeals is physically located, then she's an "avocate à la cour." If she's based in a smaller place that doesn't have a court of appeals actually located there -- in other words, the court to which cases from her jurisdiction get appealed is physically somewhere else --then she's an "avocate au barreau." If you're in a place where there are no jurisdictions that lack courts of appeal (and Luxembourg is small enough that it might be one), then all barristers are "avocats à la cour."

Reference: http://pointdroit.com/difference-avocat-cour-barreau/



Eliza Hall
United States
Local time: 20:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 50

Peer comments on this answer (and responses from the answerer)
agree  writeaway: although court is fine imo. it's a district court (Tribunal d\'arrondissement)
20 mins
  -> Yes, they're fairly interchangeable, but see discussion.

disagree  AllegroTrans: It is a court and tribunal here is a false friend; the tribunal system in Luxembourg is a separate entity
22 hrs
  -> Please see discussion. In Lux. tribunaux are the courts of first instance and la cour is the court of appeal, as in France. It's not a separate entity, just 1st instance vs. appellate levels of the judiciary.

neutral  Adrian MM.: You have, de novo, slightly reworded my answer and gone off-beam with a tribunal.
23 hrs
  -> Wording is the essence of translation, is it not? Any bilingual person can get the basic meaning right. As such, all correct answers will resemble each other, but some will be worded better. As for tribunal vs. court, see discussion.
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3 days 4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
ABC à comparaître par ministère d'avocat à la Cour...devant le Tribunal
to summons ABC to be legally represented before the Court of...


Explanation:
"Je soussigné [M. X] ai donné assignation à [A, B et C] à comparaître par ministère d\'avocat à la Cour...devant le Tribunal d\'arrondissement de et à Luxembourg."

"I, the undersigned M. X. hereby summons ABC to appear, legally represented, before the Court of XYZ, ..."

It does not seem to be a summmons for ABC to appear with legal representation, but for ABC to be legally represented.

Maybe you could go with a short form that still makes use of standard legalese "to summons ABC to be legally represented before the Court of...". Quite honestly, that is xhat the source seems to be saying and "legal representation" is a standard phrase and obviosuly means that those with the relevant rights of audience can represent ABC in the court in question. Gets you round the problem of barrister, counsel, barrister-at-law etc., not to mention the question of whether of not ABC is to be present with the legal beagles.

Nikki Scott-Despaigne
Local time: 02:24
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 443
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