Archive for the ‘Intersecting Law & Languages Blog’ Category

“THE LANGUAGE OF LEGAL CORRESPONDENCE” AND “THE LANGUAGE OF CONTRACTS” – LEGAL TRANSLATION WEBINARS ON May 18 and 25, 2017

Posted on: May 10th, 2017 by Suzanne Deliscar Add A Comment

Back by popular demand! Suzanne E. Deliscar, Lawyer-Linguist, is pleased to once again present a two-part live webinar series on contracts and other legal documents in May 2017 in cooperation with ProZ.com.

1. “The Language of Legal Correspondence: Reading and Understanding Legal Communications” – May 18, 2017 – 9 AM EDT

This advanced course will analyze the structure of legal correspondence in order to assist legal translators. It is designed for experienced translators who will learn how to draft legal correspondence in their target language(s). At the end of this course attendees will be able to identify the various standard components in legal correspondence. Course attendees will receive multiple precedents, as well as a course workbook.

This course is approved for two (2) American Translators Association Continuing Education points.

Course program:

* How to effectively frame and organize legal writing * Basic grammar and style rules – using correct grammar to enhance clarity. * Using plain language. * Complex language structures in legal documents; the use of the passive voice; reported speech and common collocations in legal discourse; prepositions * The structuring of: pleadings, advice letters, legal opinions, demand letters, reports, memorandums, e-mails and legal briefs

2. The Language of Contracts: Reading and Understanding Contracts – May 25, 2017 – 10 AM EDT

This two hour course will dissect the standard clauses and terminology found in contracts. This advanced course will analyze the structure of contracts in order to assist legal translators. At the end of this course attendees will be able to identify the various standard clauses in a contract. Course attendees will receive multiple precedent contracts, as well as a course workbook.

This webinar has been approved for two (2) American Translators Association Continuing Education (CE) points.

Course program:

* The language of contracts, reading and understanding contracts, Standard Contract Clauses * Effectively using shall, shall not, must and will. * Words and phrases that don’t belong in legal documents. * Archaic terms in legal English (hereinafter, therein, etc…) and other terms of reference. Word Formation * Keeping contract provisions readable and clear (reducing average sentence length) * How to organize a contract and use definitions effectively. * Identifying conditional contract clauses.

Each two hour course is $99 USD each, however, special bundle pricing of $170.00 is available for early registrants. Thank you for your interest.

Registration links for both courses can be accessed via www.suzannedeliscar.ca/presentations/for-linguists

Federal Court’s unilingual decisions unacceptable

Posted on: May 1st, 2017 by Suzanne Deliscar Add A Comment

The Federal Court of Canada needs to push forward on posting judgments in both official languages, says Brampton lawyer-linguist Suzanne Deliscar.

The Office of the Commissioner of Official Languages (OCOL) has spent the last decade investigating the time lag between the release of original decisions online and the translated version, which can often take months or even years. But the office has failed to come to a resolution with the Courts Administration Service (CAS), which is responsible for the release of decisions by the Federal Court, the Federal Court of Appeal and the Tax Court of Canada.

“It’s quite shocking that you can be waiting that long for a decision in your language,” Deliscar tells AdvocateDaily.com.

The OCOL received its first complaint on the matter back in 2007, with most concerning decisions posted in English without the French versions. However, some refer to French-language decisions and their outstanding English counterparts.

In 2015, the OCOL concluded that CAS had breached the Official Languages Act, but Interim Commissioner Ghislaine Saikaley has expressed frustration at the lack of action since then, even demanding a reference to the Supreme Court of Canada to settle the matter.

Read more here: http://www.advocatedaily.com/none-federal-courts-unilingual-decisions-unacceptable.html

“French Legalese for Lawyers” Webinar Series Starts April 13, 2017

Posted on: April 17th, 2017 by Suzanne Deliscar Add A Comment

Brampton lawyer-linguist Suzanne Deliscar will partner with ezCPD.ca this month to offer a three-part webinar series for lawyers exploring French legalese.

Participants will learn both French and English legal terms, enabling them to work more effectively with French-speaking clients or when clients have French matters. The workshop will be interactive, including tests and polls to encourage participant engagement.

At the end of the course, lawyers will have expanded their knowledge and vocabulary of French legal terms to assist in communicating with clients and reading French legal documents.

Deliscar, principal of Deliscar Professional Corporation, will present the first webinar, French Legalese for Lawyers – Civil Litigation, April 13 from 1 – 2 p.m.

The second, French Legalese for Lawyers – Corporate-Commercial, will take place April 18 from 1 – 2 p.m.

Deliscar will also offer French Legalese for Lawyers – Real Estate on April 25 from 1 – 2 p.m.

For Ontario lawyers, each hour of content in the French Legalese live webinar series has been accredited by the Law Society of Upper Canada for 30 minutes of Professionalism and 30 minutes of Substantive CPD content.

For more information on the webinar series, click here.

Pets are property, not children: judge

Posted on: April 5th, 2017 by Suzanne Deliscar Add A Comment

A Saskatchewan court decision should serve as a reminder that Canadian law does not treat family pets in the same way as children, no matter how much their owners might like them to, says Brampton lawyer-linguist Suzanne Deliscar.

Saskatchewan Court of Queen’s Bench Justice Richard Danyliuk recently rejected an interim exclusive possession application that asked him to take a “custody approach” to the question of where two family dogs should live after the couple’s separation.  

Deliscar, principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish, says she’s not surprised to see pet owners using child custody proceedings as the template for their cats, dogs and other creatures.

“Some people will spend as much time, money and effort on their animals as their own children, but pets are generally considered property in law, which is something I think many people don’t know,” she tells AdvocateDaily.com. “When you do a will, you can bequeath the family dog or cat just like you would any other piece of property.”

Read more at http://www.advocatedaily.com/suzanne-deliscar-pets-are-property-not-children-judge.html.

Eight Ways Shy Lawyers Can Find Mentors

Posted on: February 23rd, 2017 by Suzanne Deliscar Add A Comment

This article was previously published in Attorney at Work.

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Eight Ways Shy Lawyers Can Find Mentors

I have always considered myself an introvert. I always admire those individuals who show no restraint as their laughter booms across the room, or who talk nonstop and excitedly to someone they have just met. But, alas, that has never been me.

As such, I struggled, particularly early on in my legal career, to connect with the colleagues and mentors all lawyers need to know to advance and succeed in their career. Through trial and error, I learned how to find the right ones to connect with who could mentor me, either formally or informally. To my delight, there are many ways to find mentorship and help from fellow lawyers, whether you are new to the practice of law or a seasoned practitioner. The questions never end.

1. State Bar and Law Society Mentorship Programs

Most state bars and law societies have mentorship programs to assist solo and small firm lawyers in finding the support they need. Senior and midlevel lawyers volunteer their time to provide short-term or long-term mentorship to lawyers who self-identify via a separate mentoring application. It has been well-documented that solo practitioners often struggle to build strong networks, and these programs aim to fill that gap. The programs are already paid for as part of your annual dues and licensing fees, so why not take advantage of the help?

Added bonus: Some mentorship and coaching programs qualify for continuing legal education credits. Ask your CLE regulator for information. I have personally benefited from a mentorship program provided by my provincial regulator, which I used at a time when I was restarting and rebranding my practice. Mentorship programs can focus on specific practice areas, or target specific demographics.

2. Voluntary Bar Association Mentorship Programs

Akin to state bar and law society mentorship programs, many voluntary bar associations also offer mentorship programs. Again, these programs are normally included in the membership fee, so file an application if you are looking for support.

3. Lawyer Referral Services

Lawyer referral services are not just for the public, although that is their main purpose. I have had lawyers use the law society’s lawyer referral service to find me when they needed to refer a file and didn’t have the name of a specific lawyer. I have also used lawyer referral services myself to refer out files and to ask specific substantive law questions. There are also many private lawyer referral services online that can connect you to a potential mentor. In addition, if you are member of a roster such as an employee assistance program (EAP) lawyer roster, ask the roster manager for a referral to a lawyer who could assist you. I did exactly that when I needed some help, and it has been a valuable relationship.

4. Executive Members of Bar Association Committees

Lawyers who volunteer their time for bar leadership positions are typically “in the know.” Bar association involvement exposes executive and committee members to hundreds, if not thousands, of lawyers throughout their tenure. Thus, they are usually in a good position to refer you to the right lawyer.

5. Volunteer Programs

Do you volunteer for charities, nonprofits or other organizations? Programs that explicitly require lawyer volunteers are fantastic ways to connect with potential mentors. You already have one thing in common from the start: a shared passion for a charitable cause.

6. Webinars, Seminars and Conferences

I have had great experiences making contacts at CLE programs and continuing those relationships after the event. I wound up getting some estate law advice from an attorney I met at a conference and, in turn, I connected her with a lawyer in her jurisdiction when she needed help with succession planning for her firm. Another lawyer I met years ago at a conference for junior litigators mentored me informally, and I referred files to him.

If the thought of going to any in-person CLE makes you cringe, try volunteering to be part of the event’s planning committee (or even a speaker). Involvement in planning an event automatically draws attendees to you.

7. Other Legal Professionals

Do not overlook the vast knowledge of non-lawyer legal professionals, especially those who have worked supporting attorneys and law firms for many years. Administrators, marketing professionals, paralegals, court clerks and even process servers can be excellent sources of information to direct you to the right lawyer for a mentorship relationship.

8. LinkedIn and Other Social Media Sites

LinkedIn is a great tool for finding lawyers to connect with, especially if you need to locate a lawyer outside your particular jurisdiction. I have met lawyers primarily via LinkedIn and Twitter who I would not have connected with otherwise. It is relatively easy to take the online relationship offline by meeting for a networking lunch, for example. I am always amazed at how many local lawyers connect first online. I have also had lawyers from other countries contact me for a variety of reasons, and I have done the same.

If They Don’t Know You Need Assistance, They Can’t Give It

I have learned that my shyness and trepidation in reaching out was unfounded. In my experience, lawyers have always been willing to help, whether through short-term or long-term mentorship commitments or by answering a quick question on the spot. Some help, if not most, will be free. But shy or otherwise, infringing on another’s busy schedule beyond what they have agreed to offer is a fast way to end a relationship. I always offer to pay, especially when significant help is requested. I see it as an investment in my continuing legal education.

In addition, I truly believe people get help when it is evident they are willing to do the work themselves to move their careers forward, and when the mentees show that they will pay that help forward someday.

This article was previously published in Attorney at Work.

Saskatchewan man wants his trial heard in Cree

Posted on: February 11th, 2017 by Suzanne Deliscar Add A Comment

A Saskatchewan man’s request to have his murder trial conducted in Cree would represent new ground for language rights in court if granted, says Brampton lawyer-linguist Suzanne Deliscar.

Native affairs newspaper Turtle Island News reports that Gordon Fiddler, a member of the Waterhen Lake First Nation in northern Saskatchewan accused of killing a fellow band member, has asked for his Court of Queen’s Bench trial to be heard in the Cree language, but a judge has yet to rule on the matter.

Deliscar, who runs Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish, says that it’s not unusual for an accused to get proceedings interpreted by a speaker of their mother tongue when a trial is held in English or French.

“This sounds like something bigger, which would require the judge, the lawyers and the witnesses to be comfortable speaking Cree, or to have interpreters if they weren’t,” Deliscar tells AdvocateDaily.com. “It’s a fascinating scenario.”

Saskatchewan’s provincial court runs a Cree circuit court where criminal proceedings are heard partially or entirely in Cree and the judge and support workers all speak the language. Cree-speaking legal aid lawyers are also made available on the circuit, but there is no equivalent service in the superior court, where Fiddler’s murder trial is scheduled to be held.

Read the rest of the article here: http://www.advocatedaily.com/suzanne-deliscar-saskatchewan-man-wants-his-trial-heard-in-cree.html

“THE LANGUAGE OF LEGAL CORRESPONDENCE” AND “THE LANGUAGE OF CONTRACTS” – LEGAL TRANSLATION WEBINARS ON January 19 and 26, 2017

Posted on: January 17th, 2017 by Suzanne Deliscar Add A Comment
Back by popular demand! Suzanne E. Deliscar, Lawyer-Linguist, is pleased to once again present a two-part live webinar series on contracts and other legal documents in January 2017 in cooperation with ProZ.com.

1. “The Language of Legal Correspondence: Reading and Understanding Legal Communications” – January 19, 2017 – 9 AM EDT

For Linguists

This advanced course will analyze the structure of legal correspondence in order to assist legal translators. It is designed for experienced translators who will learn how to draft legal correspondence in their target language(s). At the end of this course attendees will be able to identify the various standard components in legal correspondence. Course attendees will receive multiple precedents, as well as a course workbook.

This course is approved for two (2) American Translators Association Continuing Education points.

Course program:

* How to effectively frame and organize legal writing * Basic grammar and style rules – using correct grammar to enhance clarity. * Using plain language. * Complex language structures in legal documents; the use of the passive voice; reported speech and common collocations in legal discourse; prepositions * The structuring of: pleadings, advice letters, legal opinions, demand letters, reports, memorandums, e-mails and legal briefs

2. The Language of Contracts: Reading and Understanding Contracts – January 26, 2017 – 9 AM EDT

For Linguists

This two hour course will dissect the standard clauses and terminology found in contracts. This advanced course will analyze the structure of contracts in order to assist legal translators. At the end of this course attendees will be able to identify the various standard clauses in a contract. Course attendees will receive multiple precedent contracts, as well as a course workbook.

This webinar has been approved for two (2) American Translators Association Continuing Education (CE) points.

Course program:

* The language of contracts, reading and understanding contracts, Standard Contract Clauses * Effectively using shall, shall not, must and will. * Words and phrases that don’t belong in legal documents. * Archaic terms in legal English (hereinafter, therein, etc…) and other terms of reference. Word Formation * Keeping contract provisions readable and clear (reducing average sentence length) * How to organize a contract and use definitions effectively. * Identifying conditional contract clauses.

Each two hour course is $99 USD each, however, special bundle pricing of $170.00 is available for early registrants. Thank you for your interest.

Registration links for both courses can be accessed via www.suzannedeliscar.ca/presentations/for-linguists

“When the Law Hits Home: Legal Issues Affecting Entrepreneurs” –Presentation for GWIN – January 3, 2017

Posted on: January 2nd, 2017 by Suzanne Deliscar Add A Comment

“When the Law Hits Home: Legal Issues for Entrepreneurs” – hosted by Guelph Women in Networking (GWIN) – January 3, 2017

Entrepreneurs work diligently to protect their clients’ personal and commercial interests, but are often unaware of the laws that apply to them both as private citizens and professionals. Success in business includes being cognizant of any current or possible legal issue that could affect the smooth operation of our commercial activities, or our personal lives, and addressing them. At the end of this presentation, entrepreneurs should have greater awareness of legal issues that they may be obliged to address, and how to prevent potential problems by using available free and paid resources and services.

 

Registration is open for this January 3, 2017 event via the GWIN website: http://gwin.ca/speaker-series-suzanne-deliscar-legal-issues-affecting-entrepreneurs/

SCC Selection Process and the Question of Bilingualism for Indigenous People

Posted on: December 8th, 2016 by Suzanne Deliscar Add A Comment

The government’s new Supreme Court of Canada (SCC) selection process should take into consideration that indigenous candidates are bilingual but the languages might not always be French and English, says Brampton lawyer-linguist Suzanne Deliscar.

“Instead, they may speak French and Cree or English and Mohawk or any other First Nation language — and that should still be recognized,” she tells the online legal news service.

Deliscar, principal of Deliscar Professional Corporation, says requiring all candidates to be fluent in French and English would exclude many indigenous judges from that top appointment because they’re not bilingual in both of the official languages but speak two other languages.

“I support the notion of bilingualism for judges totally, but I think bilingualism for First Nations candidates may not be English and French,” she says.

Deliscar, who speaks and practises law in English, French and Spanish, agrees with Sen. Murray Sinclair, former chairman of the Truth and Reconciliation Commission, who told the Canadian Press that requiring indigenous candidates to be “functionally bilingual” in both English and French creates unfair barriers for them.

Read more at: http://www.advocatedaily.com/suzanne-deliscar-scc-selection-process-and-the-question-of-bilingualism-for-indigenous-people.html

Wills & Powers of Attorney Presentation – Mississauga Public Library – November 19, 2016

Posted on: November 15th, 2016 by Suzanne Deliscar Add A Comment

Wills & Powers of Attorney – Presentation
Central Library, Mississauga Public Library – Ground Floor Program Room
Learn about the reasons why you need a will, updating your current will, probate free planning, do’s and don’t’s of joint accounts, powers of attorney, and more from Suzanne Deliscar.
Saturday November 19, 2016, 2:00 pm – 3:30 pm
Admission is free. Registration is required.
For more information and to register, please call Sciences & Business Department 905-615-3500 ext. 3589.
This program is presented in partnership with the Ontario Bar Association.

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