Glossary entry

Spanish term or phrase:

procurador y letrado

English translation:

prosecutor and court clerk

Added to glossary by Marcelo González
Jun 19, 2005 17:10
18 yrs ago
67 viewers *
Spanish term

procurador y letrado

Spanish to English Law/Patents Law (general)
In Spain, you will see in legal documents wherein are listed the petitioner and the respondent, the names of the attorneys. Some are listed as "procurador" and some as "letrado".

Proposed translations

+1
9 mins
Selected

prosecutor and court clerk

Habiendo dado clases de inglés a dos letrados del Tribunal Constitucional de España, estoy seguro del úlitimo término. :-)

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Note added at 12 mins (2005-06-19 17:23:10 GMT)
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De hecho, uno de mis estudiantes era Juan Luis (de abajo). :-)

Ex Letrado del Tribunal Constitucional. Tutor del curso ... Profesor Dr. Juan Luis
Requejo Pagés Titular de Derecho Constitucional y Letrado del Tribunal ...
www.uc3m.es/uc3m/inst/MGP/curso2000.htm - 29k - Cached - Similar pages

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Note added at 38 mins (2005-06-19 17:49:04 GMT)
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La Sala Segunda del Tribunal Constitucional, compuesta por don Carles Viver Pi-Sunyer
... El 13 de marzo de 2000 el Letrado de los Servicios Jurídicos de la ...
www.tribunalconstitucional.es/STC2000/STC2000-097.html - 28k - Cached - Similar pages

Juan Luis REQUEJO PAGÉS es letrado del Tribunal Constitucional. Ha coordinado
los Comentarios a la Ley Orgánica del Tribunal Constitucional, Tribunal ...
www.ortegaygasset.edu/iuoyg/ postgrado/estudios_europeos/profesorado.htm - 14k - Cached -

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Note added at 55 mins (2005-06-19 18:05:56 GMT)
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Debería decirse que ser letrado en el Tribunal Constitucional de España (o en la Corte Suprema de los Estados Unidos) es un puesto de prestigio (que requiere de muchos estudios). :-)
Peer comment(s):

agree Marina Soldati
28 mins
Gracias, Marina, muy amable :-)
agree Margarita Dimitriou
4 hrs
Gracias, Margarita :-)
disagree Trans-Iberia (X) : this is totally wrong, at least in Spain, regardless of any classes given. neither can be correct since both of these positions are lawyers who represent plaintiffs/defendants in a suit. therefore they are not court employees or prosecutor employees
696 days
"totally wrong, at least in Spain"? Have you really made the case for such a statement? You might consider posting a (reasoned) suggestion for the benefit of the KudoZ Open Glossary. Regards
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4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
5 mins

court liason legal assistant and attorney

Mike :)

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Note added at 6 mins (2005-06-19 17:16:25 GMT)
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I believe this is the difference after looking at West\'s Legal Dictionary
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17 mins

paralegal / solicitor

Not absolutely sure as I don't have time to research it, but I think that's what it is
i.e. Either a fully qualified solicitor or someone who works with a solicitor but who is not fully qualified - a paralegal.
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43 mins

legal representation

Procurador: Legal representative
Abogado: Lawyer/ solicitor/Barrister
Barrister: abogado que actúa ante los tribunales. Son los letrados que gozan de ese derecho
Los dos conceptos se reúnen en uno como LEGAL REPRESENTATION
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1 hr

legal counsel and attorney

.
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+1
9 hrs

prosecutor and counsel

The "procurador" is obviously the prosecutor. The "letrado" is a more general term for an attorney, I would venture to say that it is in reference to "asistencia letrada" or "legal aid attorney", a "public defender".
Peer comment(s):

agree Gabriela Rodriguez
2 hrs
Muchas gracias Gaby !!!!!!!
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14 hrs

procurator and lawyer

I am British. Because of the non-equivalence in the figures, here in Madrid at least the convention is not to look for equivalents but just to translate these terms.
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+4
15 hrs

(mandatory) court representative and lawyer

The difficulty of translating “procurador” often arises in Proz, given that there appears to be 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 passed an exam to become a procurador and whose job it is to represent (not defend) his client at the court (not in court) and 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 I would appreciate any additional (less-wordy!) suggestions that actually reflect the real definition of procurador as used in Spain and distinguish him from the letrado/abogado. But I believe that 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. I do not think it would be appropriate to translate “procurador” as “counsel”, since in Spain the procurador does not actually counsel (give legal advice to) the client, but rather files briefs and keeps the parties informed of the progress of the case. And I don’t believe procuradores can be described as “paralegals”, since as indicated above, in addition to having the same law degree as lawyers, they must also pass a difficult competitive exams ("oposiciones") to become procuradores. In other respects, “letrado” in Spain has several different meanings in legal English, and here it is simply a synonym for “abogado,” as defined in the Diccionario Jurídico Colex: “Letrado: Profesional ocupado en el asesoramiento jurídico y defensa en juicio de intereses ajenos. Véase Abogado.” “Letrado” does also have the meaning of a lawyer who “clerks” (does legal research, drafts initial opinions) for a judge on a court (such as the Letrados del Tribunal Constitucional or the Letrados del Tribunal de Justicia de las Comunidades Europeas), but this is not the meaning of “letrado” as used here. In addition, I believe it is important not to confuse “letrado” in the sense of someone who is clerking for a judge with “court clerk”, which is Spain is the “secretario judicial,” a funcionario within the court system who represents the “administración de justicia” and, thus, cannot represent the client of either a “procurador” or “letrado” (abogado).
Peer comment(s):

agree Trans-Iberia (X) : this would be a better choice for example, and all the reasoning is here...i can't give much of a "reasoned explanation" in 255 characters, but Rebecca's explanation is very good as to why the selected answer is wrong
696 days
Thanks nacozari. "Procurador" (as used in Spain) is probably one of the top ten most mistranslated terms on Proz.
agree yosoylagen : This is really helpful. I decided to write "court appointed legal representative" which is really long, but at least it can be understood as what it really is...
1901 days
Yes, but careful! The procurador is not "court appointed." The client hires a lawyer to defend him, and the lawyer usually provides the procurador to represent the client, file papers at court, etc.
agree Ana Brause
2082 days
Gracias Ana
agree Sergio Rodríguez Perboire
6395 days
Thanks, Sergio
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