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procurador

English translation: (mandatory) court representative

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:procurador
English translation:(mandatory) court representative
Entered by: Laura Rodriguez
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16:35 Sep 13, 2007
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: procurador
Hola,

para ambas partes, tanto la defensa como la acusación, ¿se traduciría como "prosecutor"?
Entiendo que es el representante legal/abogado de cada parte, ¿es así?
Gracias
Laura Rodriguez
Spain
Local time: 12:26
(mandatory) court representative
Explanation:

The difficulty of translating “procurador” often arises in Proz, given that there is no person with equivalent functions in Anglo-American court systems. In most legal proceedings in Spain it is mandatory that parties be represented by BOTH a “letrado" (lawyer/attorney) and a "procurador", a law graduate who has chosen to work as a procurador and whose job it is to represent (not defend) his client at the court (not in court) and to serve as a liaison between the lawyer and the court, filing papers, checking up on the status of the case, etc. The real problem is trying to find a good translation of "procurador". I suggest "mandatory representative in court" but that may not be the only possible rendering.

I do not believe "solicitor" is an appropriate translation, since solicitors in the UK play a totally different role in court proceedings than do "procuradores" in Spain. A solicitor generally meets with the client and draws up a brief instructing the barrister as to the points of the case. In contrast, in Spain a client generally never sees or deals with his "procurador," who is hired directly by the lawyer ("letrado") and who remains in court in the background, filing papers on the part of the "letrado" (lawyer/attorney) and receiving orders from the court to be relayed to the letrado.

In Spain, “procurador” cannot be translated as "prosecutor," which in Spain is "fiscal." There is much confusion surrounding this term precisely because in Mexico "procurador" does indeed mean "prosecutor", a distinction that is underscored in Thomas West's Spanish-English Dictionary of Law and Business (p. 188) in which he includes both definitions (most other bilingual dictionaries fail to make the distinction):

"Procurador--1) (Mexico) prosecutor 2) "Procurador". There is no equivalent in the United States. A procurador is a legal assistant who has attended law school and whose function is to act as a liason between the court and the parties. "Procuración" is the task of going to court to check on the status of the lawsuit or to file certain documents. However, important documents must bear the signature of the attorney ("el abogado patrocinante") for whom the procurador works."

In view of the above, neither I do not think it would be appropriate to translate “procurador” simply as “attorney,” since he could be confused with the client's "letrado" (attorney/lawyer).

--------------------------------------------------
Note added at 2 hrs (2007-09-13 18:56:20 GMT)
--------------------------------------------------

Laura, if this is comes from the same text as your previous questions, then these are civil proceedings in which there is obviously no "prosecutor" (called "fiscal" in Spain). Your previous questions

representante de la parte demandante = counsel for the plaintiff (or "claimant" if this is for the UK)

and

representante de la parte demandada = counsel for the defendant

indicate that these are civil proceedings.
Selected response from:

Rebecca Jowers
Spain
Local time: 12:26
Grading comment
Thank you so so much!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +8attorney/solicitor
Carol Gullidge
5 +1(mandatory) court representativeRebecca Jowers
4prosecutorMaria Kisic
3amicus curiae
AllegroTrans
3attorney
Marina Menendez


Discussion entries: 2





  

Answers


3 mins   confidence: Answerer confidence 5/5 peer agreement (net): +8
attorney/solicitor


Explanation:
as in the trusty Collins..

These can work for either side (prosecution or defence)

Carol Gullidge
United Kingdom
Local time: 11:26
Native speaker of: Native in EnglishEnglish
PRO pts in category: 60

Peer comments on this answer (and responses from the answerer)
agree  MikeGarcia
0 min
  -> gracias, Miguel!

agree  Robert Copeland
11 mins
  -> thanks, Robert!

agree  Lory Lizama
47 mins
  -> thanks, Lory!

agree  Rocio Barrientos
53 mins
  -> Thanks, Rocio!

agree  Edward Tully
1 hr
  -> thanks, Edward!

agree  Bubo Coromandus
1 hr
  -> thanks, Deborah!

agree  Marga Dorao
2 hrs
  -> thanks, Marga!

agree  Katarina Peters
8 hrs
  -> thanks, Katarina!
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10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
attorney


Explanation:
attorney is the general term (abogado) used in court. Prosecutor attorney is "fiscalía"

Marina Menendez
Argentina
Local time: 07:26
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 197
Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
prosecutor


Explanation:
It would be more useful, however, to have more context...
as procurador may have different meanings - if used in the US or UK...

procurador fiscal = public prosecutor
procurador judicial = legal representative US / Barrister UK

Cabanellas, West, and others.

Maria Kisic
Local time: 06:26
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 173
Notes to answerer
Asker: Context: (encabezamiento de un documento) Procedimiento: PROCEDIMIENTO ORDINARIO 300/2006 Sobre OTRAS MATERIAS De: -------- Procurador:--------- Contra: --------------- Procurador: ------------ Espero que así quede más claro. Gracias

Asker: The text is for the UK

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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
(mandatory) court representative


Explanation:

The difficulty of translating “procurador” often arises in Proz, given that there is no person with equivalent functions in Anglo-American court systems. In most legal proceedings in Spain it is mandatory that parties be represented by BOTH a “letrado" (lawyer/attorney) and a "procurador", a law graduate who has chosen to work as a procurador and whose job it is to represent (not defend) his client at the court (not in court) and to serve as a liaison between the lawyer and the court, filing papers, checking up on the status of the case, etc. The real problem is trying to find a good translation of "procurador". I suggest "mandatory representative in court" but that may not be the only possible rendering.

I do not believe "solicitor" is an appropriate translation, since solicitors in the UK play a totally different role in court proceedings than do "procuradores" in Spain. A solicitor generally meets with the client and draws up a brief instructing the barrister as to the points of the case. In contrast, in Spain a client generally never sees or deals with his "procurador," who is hired directly by the lawyer ("letrado") and who remains in court in the background, filing papers on the part of the "letrado" (lawyer/attorney) and receiving orders from the court to be relayed to the letrado.

In Spain, “procurador” cannot be translated as "prosecutor," which in Spain is "fiscal." There is much confusion surrounding this term precisely because in Mexico "procurador" does indeed mean "prosecutor", a distinction that is underscored in Thomas West's Spanish-English Dictionary of Law and Business (p. 188) in which he includes both definitions (most other bilingual dictionaries fail to make the distinction):

"Procurador--1) (Mexico) prosecutor 2) "Procurador". There is no equivalent in the United States. A procurador is a legal assistant who has attended law school and whose function is to act as a liason between the court and the parties. "Procuración" is the task of going to court to check on the status of the lawsuit or to file certain documents. However, important documents must bear the signature of the attorney ("el abogado patrocinante") for whom the procurador works."

In view of the above, neither I do not think it would be appropriate to translate “procurador” simply as “attorney,” since he could be confused with the client's "letrado" (attorney/lawyer).

--------------------------------------------------
Note added at 2 hrs (2007-09-13 18:56:20 GMT)
--------------------------------------------------

Laura, if this is comes from the same text as your previous questions, then these are civil proceedings in which there is obviously no "prosecutor" (called "fiscal" in Spain). Your previous questions

representante de la parte demandante = counsel for the plaintiff (or "claimant" if this is for the UK)

and

representante de la parte demandada = counsel for the defendant

indicate that these are civil proceedings.

Rebecca Jowers
Spain
Local time: 12:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2054
Grading comment
Thank you so so much!
Notes to answerer
Asker: Yes, it is from the same text. Thank you very much for your useful explanation


Peer comments on this answer (and responses from the answerer)
agree  Sheilann: The lawyer (solicitor in UK) prepares all the documentatin (claims, appeals, ...) and the procurator (def. given in Robb) sees to all the paper work (filing, receiving notifications, etc.) at the court. No equivalent in Anglo-Saxon Law.
3 hrs
  -> Thanks, Sheilann
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1 day2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
amicus curiae


Explanation:
= friend of the Court
usually Counsel, appointed to assist the Judge, usually on points of law

AllegroTrans
United Kingdom
Local time: 11:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1269
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