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|Spanish to English translations [PRO]|
Law/Patents - Law (general)
|Spanish term or phrase: procurador|
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?
|(mandatory) court representative|
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)
representante de la parte demandada = counsel for the defendant
indicate that these are civil proceedings.
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