KudoZ home » German to English » Law/Patents

im anwaltlichen Bereich

English translation: in legal matters / in matters of legal representation

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:im anwaltlichen Bereich
English translation:in legal matters / in matters of legal representation
Entered by: Olav Rixen
Options:
- Contribute to this entry
- Include in personal glossary

17:17 Dec 15, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: im anwaltlichen Bereich
Die Haftung der Sozietät für etwaige Berufsversehen im anwaltlichen Bereich richtet sich vorbehaltlich der nachfolgenden Regelungen nach den gesetzlichen Vorschriften.
Olav Rixen
Canada
Local time: 11:41
in legal matters / in matters of legal representation
Explanation:
should do it
Selected response from:

ntext
United States
Local time: 13:41
Grading comment
Thanks, Norbert. Also thanks to Kim, William and Maureen.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4 +2professional legal malpractice
William Stein
3 +2in legal matters / in matters of legal representationntext
4lawyer omissions
Maureen Holm, J.D., LL.M.
3 +1American vs. British/Irish, etc. distinction?
Kim Metzger


  

Answers


2 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
in legal matters / in matters of legal representation


Explanation:
should do it

ntext
United States
Local time: 13:41
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 2954
Grading comment
Thanks, Norbert. Also thanks to Kim, William and Maureen.

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: professional errors in legal matters
15 mins

agree  Glyn Haggett: I might just say "professional errors by solicitors (lawyers for US)", though
1 hr
Login to enter a peer comment (or grade)

2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
professional legal malpractice


Explanation:
Manahan, Pietrykowski, Bamman & Delaney - a Toledo, Ohio (OH) ...
... Insurance Defense Law, Automobile Liability Defense, Professional Legal Malpractice,
Personal Injury, Products Liability Defense, Asbestos Defense, Medical ...
pview.findlaw.com/view/2546389_1 - 27k - Cached - Similar pages

Johnson v. Carleton
... from a summary judgment entered in the Superior Court (York County, Fritzsche,
J.) in favor of Joseph Carleton in a professional legal malpractice action. ...
www.courts.state.me.us/opinions/documents/01me12jo.htm - 21k - Cached - Similar pages

Practice Areas of Attorney Marvin Mayer, Orange County, ...
... Professional Malpractice—I have experience representing clients and attorneys in professional (legal) malpractice or fee dispute issues. ...
mmayerlaw.lawoffice.com/area.htm


--------------------------------------------------
Note added at 3 mins (2003-12-15 17:21:14 GMT)
--------------------------------------------------

My translation covers the phrase: \"Berufsversehen im anwaltlichen Bereich\"

William Stein
Costa Rica
Local time: 13:41
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: I don't see how your refs support malpractice as a translation of Berufsvershen im anwaltlichen Bereich. Berufsversehen are not necessarily malpractice.
17 mins
  -> "Berufsvershen im anwaltlichen Bereich" IS necessarily malpractice. If you have any argument or reference to the contrary, please demonstrate it by all means (and not by changing your comment a thousand times)

agree  i8a4re: Especially where Haftung is involved, it has to be more than just professional error.
1 hr

agree  xxxKirstyMacC
19 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
American vs. British/Irish, etc. distinction?


Explanation:
I think it's possible that in US terminology 'malpractice' could well be any professional error made a lawyer. But this Irish site discusses the difference between malpractice/negligence and 'errors of judgement'. I don't know if the same distinction applies in German law - which is of course the KEY issue. But to be on the safe side, I think 'professional error' would be better than 'malpractice.'

Negligence and Malpractice "Negligence" is where one fails to do
something it is judged one should do or should have done. "Malpractice" is where one does something it is judged one should not do or should not have done. To be judged guilty of negligence and/or malpractice could have serious consequences. Therefore, "a direct practitioner has a duty to take such care as any reasonable practitioner of the same kind" (P. F. O’Reilly & Co., Solicitors to CDVEC, May 1999, p. 1).
Negligence and malpractice mean effectively the same thing. While negligence is a legal term, malpractice is not. Three elements must be present before a malpractice action is possible:
1. the practitioner must have a professional relationship with the party in question, i.e., a practitioner/client relationship must have existed with a resulting duty of care to the client;
2. there must be some negligence or dereliction of that duty of care by the practitioner;
3. some harm must have accrued to the client as a result of the negligence or dereliction of duty.
According to this definition, a successful action for malpractice would necessarily imply that the behaviour of the practitioner was unethical.
1.8
Errors of Judgment The complexity of ethical issues makes it likely that different principles will sometimes clash, and that certain provisions of a document such as this may also clash with the law and/or with other relevant guidelines. The resolution of ethical dilemmas is not guaranteed to be simple. However, the law does not expect practitioners to get it right every time.
It is acknowledged that professionals will sometimes make errors of judgement, and that these errors are not the same as negligence or malpractice. The adherence to considered procedural guidelines, and the keeping of records, will reduce the incidence of decisions that are mistakes because they are taken in the heat of the moment and without consideration of all the relevant factors. What is required in all cases is a professional judgement made in a systematic way.

http://www.cdvec.ie/Section1.htm



    Reference: http://www.cdvec.ie/Section1.htm
Kim Metzger
Mexico
Local time: 13:41
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21840

Peer comments on this answer (and responses from the answerer)
agree  Margaret Marks: In British English probably 'professional negligence' would replace 'B. im anwaltlichen Bereich'
1 hr

neutral  Maureen Holm, J.D., LL.M.: As we say in the law, a "distinction without a difference."
1 hr
  -> You don't seem to understand that when translating German terminology, it is essential first of all to know how the term is used under German law.

agree  xxxKirstyMacC: would telescope to: professional indemnity liability for legal - quaere: non-court? - work
17 hrs

disagree  William Stein: You admit yourself that you don't know how the term applies under German or American law, and yet you claim ïn your comment to Maureen that "that is the KEY issue". In that case, what gives you the right to disagree on quibbling issues you're unsure of?
18 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
lawyer omissions


Explanation:
Downplays it a bit, but it's basically negligence, otherwise there wouldn't be a question of liability or coverage. Linguistically another case where German is overblown.

--------------------------------------------------
Note added at 3 hrs 42 mins (2003-12-15 20:59:54 GMT)
--------------------------------------------------

Which comes down to \"omissions by lawyers\". However, it seems the asker has only asked for a term for \"im anwaltlichen Bereich\" and not all this other Drum und Dran.

Maureen Holm, J.D., LL.M.
United States
Local time: 14:41
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: I'm afraid you're ignoring the key issue: how is Berufsversehen defined in German law? Fahrläßigkeit? How can you argue that the German is overblown, if you haven't researched the term as it's used under German law?
38 mins
  -> Asker didn't ask about "Berufsversehen", which was my point, as borne out by his selection of "in legal matters." As to the last, German style frequently uses some "im Bereich" formulation which is simply verbose for translation purposes.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search