Aug 23, 2023 22:40
9 mos ago
19 viewers *
Portuguese term

Advocacia processual

Portuguese to English Law/Patents Law (general) Especialidade do Direito
I found this term in a resume.

Discussion

Mark Robertson Aug 25, 2023:
@Mário Sorry, but no. Please look at the Marriam-Webster reference posted in my discussion entry.

See also A Modern Dictionary of Legal Usage, 2nd Edition, page 698; processual: of or related to a legal process.

No ordinary litigation client would be interested in a lawyer, who is just an expert in procedural (adjectival) law (although other lawyers might). Procedural law is the rules that govern the conduct of proceedings in court e.g. código do processo civil, but when cases in court are decided on the merits of the case this is a matter of substantive law, not procedural law.
Mario Freitas Aug 25, 2023:
@ Mark Yes, but the term "processual" in a law context in portuguese necessarily relates to lawsuits, whereas "processual" in English refers to any process in any area. In the legal area, I"d say the most accurate translation is "procedural".
Mark Robertson Aug 24, 2023:
@Mário Olá Mário, The word processual also exists in English and is not an exact synonym of procedural. It means of or relating to a legal process.

https://www.merriam-webster.com/dictionary/processual#:~:tex...
Mario Freitas Aug 24, 2023:
Trial x Procedural Processual is procedural in English. Please note "trial" refers only to proceedings in courts, whereas "procedural" refers to anything related to the process the trial involves, including polce inquiries, paperwork, pre-trial processes, and even the science of procedural law itself (like lecturing on the subject), and the interpretation of the criminal/penal laws, all of which do not include trials or courts.
ISABELE DE CASTRO (asker) Aug 24, 2023:
I believe trial advocacy might work in the context.
Mark Robertson Aug 24, 2023:
@philgoddard I think you are nearly there. The term refers to lawyers that are litigators, i.e. lawyers that not only plead cases in court, but also do the pretrial preparatory work.

Proposed translations

9 hrs
Selected

trial litigation

.. following failure of advocacia preventiva: negotiation.

Note: advocacy, negotiation and conference skills are *examinable* England and Wales Bar Exam subjects.

Trial advocacy (our regular ProZ Discussion Entrant / (Scots) Intrant perhaps to post as answer) looks a definite contender and runner, except advocacy is confined to oral and NB *written* pleadings.
Example sentence:

USA: The American Lawyer has repeatedly recognized our ability to secure “hard-fought trial wins” in its Litigation Department of the Year contest.

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3 KudoZ points awarded for this answer. Comment: "I believe trial advocacy might work in the context."
2 hrs

specialized in procedural law

Sugestão
Peer comment(s):

agree Clauwolf : está no Migalhas, perfeito
10 hrs
disagree Mark Robertson : O advogado processual é um profissional forense experiente na proposição e defesa de processos penais, civis, trabalhistas, etc. Essa especialidade involve tanto o direito substantivo como o processual.
15 hrs
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