avocat constitué

21:15 Jul 27, 2020
French to English translations [PRO]
Law/Patents - Law (general) / Assignation devant un tribunal
French term or phrase: avocat constitué
Ayant pour avocat constitué et élisant domicile en son cabinet :

Maître X
Avocat au Barreau de Y
23 Avenue X - 75000 PARIS

Lequel se constitue sur la présente assignation et ses suites
Anna Davies
France
Local time: 14:23


Summary of answers provided
5counsel of record
Eliza Hall
3 -2licensed attorney
Lisa Rosengard
Summary of reference entries provided
Asked before on Proz
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Discussion entries: 4





  

Answers


19 hrs   confidence: Answerer confidence 5/5
counsel of record


Explanation:
In this context, "avocat constitué" refers to the attorney of record for a given party. In other words, the attorney chosen by or appointed to that party, who has filed whatever is necessary to become officially that party's representative in this case:

L'avocat constitué pour défendre le prévenu: the attorney appointed to defend the accused.

L'avocat est constitué par la famille: the lawyer is hired/engaged by the family.

There is more than one way to say, in EN, "this party's lawyer" (which is what this phrase boils down to), but "counsel of record" fits best with this particular sentence.

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Note added at 23 hrs (2020-07-28 20:38:09 GMT)
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PS: "attorney of record" works equally well. The synonym that would not work is "lawyer" -- we would pretty much never say, in a competently drafted EN legal document, "lawyer of record." It would be either "counsel of record" or "attorney of record." Perhaps in the UK they would say "barrister of record" (or "solicitor" in a non-litigation matter), but I don't know.

Eliza Hall
United States
Local time: 09:23
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 145
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1 day 22 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
licensed attorney


Explanation:
The lawyer (of counsel) or licensed attorney has been chosen along with his or her office's address (Mr X, Barrister); and that which is constituted (formed or made up) on the present summons and its results or consequences to follow.

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Note added at 3 days 13 hrs (2020-07-31 10:31:24 GMT)
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The source text terminology ('avocat constitue') does not mean "counsel of record". As fixed terminology it could be a 'licensed lawyer' but someone refuses to accept this. A 'licensed lawyer' would be an 'incorporated lawyer', one who is appointed to an office, dignity, designated to a function or task.
A district attorney is 'a public officer who prosecutes cases, especially criminal cases on behalf of someone or a state, usually within a defined locale or district'.
'Constituted authorities' are the officers of government, collectively, as of a city or town.
'To constitute' is to 'set up or be the elements, parts or composition of something'.
'To constitute' is 'to establish according to law or provision, a body that is duly constituted under the charter, to enact a law or regulation.'
In short, the lawyer or solicitor is one assigned to the duty implied by the case posed by the person who raised the question.

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Note added at 6 days (2020-08-02 23:57:46 GMT)
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Literally 'constitué' is 'made up of' or 'formed from'. In this legal sense the word 'licensed' refers to the lawyer's formal qualifications and recommendations. A person who is licensed holds a license which is a document that gives official, formal permission to do something.

Lisa Rosengard
United Kingdom
Local time: 13:23
Meets criteria
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: "Constitué" does not mean "licensed."
1 day 3 hrs

disagree  AllegroTrans: "Could mean licensed" is not convincing and I have never seen "constitué" mean "licensed"
1 day 16 hrs
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Reference comments


37 mins peer agreement (net): +4
Reference: Asked before on Proz

Reference information:
and caused a big argument the last time (see references)
Type it in Google plus "Proz" to see more hits in various language pairs


    https://www.proz.com/kudoz/french-to-english/law-general/6753868-avocat-constitu%C3%A9-pr%C3%A8s-de.html
    https://www.proz.com/kudoz/french-to-english/law-patents/186598-avocat-constitu%C3%A9.html
SafeTex
France
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 87

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans
1 hr
agree  Catharine Cellier-Smart
6 hrs
agree  Adrian MM.: Yes. It's a very tiresome query.
10 hrs
agree  Mpoma
13 hrs
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