John Flood: What Do Lawyers Do?

John Flood has published a revised version of his book on a Chicago law firm, called Tischmann and Weinstock for the purposes of the book: What Do Lawyers Do? An ethnography of a corporate law firm. You can get the Kindle version, and the paper versions are due shortly.

John Flood has a website and a weblog called John Flood’s Random Academic Thoughts, where there is a post with more information on the book.

I have often wondered what lawyers do myself – the book is about business lawyers rather than litigators, whose role is easier to understand. Just as people who come straight from translation studies can’t usually translate, new lawyers can’t usually act as lawyers, so I never found it out, although the firm in the book sounds very similar to the Jewish law firm where I did my articles in London, down to the arrangement of the offices. The text is rather dry on the surface, a summary of analysis, but amusing between the lines.

The main activity of lawyers is talking on the telephone with persons other than Tischmann lawyers (31.1%). If we add talking with other Tischmann lawyers by telephone the percentage rises to 23.5 percent. The second largest activity is talking face to face with other Tischmann lawyers (12%). Talking with Tischmann lawyers and others takes up 18.1 percent of lawyers’ billable time. If we sum time spent at meetings outside the office (2.6%), office meetings (0.7%), telephoning and talking face to face, we find lawyers spend 53.9 percent of their chargeable time talking. Writing, however, takes up only 20.8 percent (16.3% – drafting; 4.5% – revising). … Research is an activity mainly carried out by associates.

All the office staff are considered.

All the support staff had to log in and out during the day. If they were late, their salaries were docked. Because they perceived their salaries already low, many secretaries left after having their salaries reduced. Much of the office gossip turned on how much of a “bastard” the office manager was, and who was about to suffer his wrath next. Some of the secretaries were aggrieved at how they were treated by the office manager. They felt he conveniently forgot the many occasions when they came in during weekends to help their attorneys, when he decided to dock their pay for some infraction.

I’m looking forward to reading the rest. I think I first read John Flood on barristers’ clerks, a mysterious species – here’s a blog post on them.

Book on German criminal procedure/Der Strafprozess – BDÜ Fachverlag

The BDÜ publishes a series of books of varying quality. This looks useful – but I haven’t seen it yet: a summary of German criminal procedure written by a public prosecutor, intended for translators and interpreters.

“Der Strafprozess – Eine Einführung für Gerichtsdolmetscher und -übersetzer”

Verfasst von Staatsanwalt Rainer Kock gibt dieser Band Dolmetschern und Übersetzern, die für die Staatsanwaltschaften und Gerichte tätig sind oder werden möchten, einen zusammenfassenden Überblick über den Gang eines Ermittlungs- und Strafverfahrens sowie über die strafprozessualen Rechtsbehelfe und Rechtsmittel.

Der Autor stellt die wichtigsten juristischen Begriffe und auch schwierigen Probleme in Kombination mit praktischen Beispielsfällen so dar, dass Dolmetscher und Übersetzer sie mühelos verstehen und in ihrer Tätigkeit den Verfahrensbeteiligten in ihrer Muttersprache vermitteln können.

Bestellen Sie (102 Seiten) für 14,00 Euro
zzgl. Porto- und Verpackungskosten online:

Hier klicken und bestellen.

Eine Leseprobe steht Ihnen hier zur Verfügung.

Don’t overlook the PDF or html sample they offer. You’ll also find a link to a volume on civil procedure, which I recommend.

The rest of the publications linked (click on Publikationen) may also be interesting. Corinna Schlüter-Ellner’s Juristendeutsch and Treffende Verben in der deutschen Rechtssprache is first-rate. For translators out of German, the Juristendeutsch gives synonyms for weird legalese. These used to be hard to get hold of.

Grant and Cutler dictionaries/Rechtswörterbücher

I recently received an indirect query from someone studying legal translation in the UK who wants to buy a German-English law dictionary. There was a list of the dictionaries currently available at Foyles, into which Grant & Cutler has now been integrated (I remember Grant & Cutler near Embankment Station, before it moved closer to Oxford Street and now to Foyles). Here’s the link, but it may change in time.

Title: Author: Description:
Recht Fachwörterbuch Kompakt. Law concise dictionary.: German<>English Bugg, S. G. & Simon, H. Approx. 28.000 terms and more than 50.000 translations. With short German and English introductions to the German, British and American legal system.

Rechtsenglisch: Deutsch<>Englisches Rechtswörterbuch für jedermann Köbler, G. approx. 25.000 entries, 485 pages.
Dictionaries: Specialist & Technical: Legal. Published 2007. Price: £19.95

Wörterbuch Arbeit, Recht, Wirtschaft. Dictionary of Labour, Law and Business terms. Horstenkamp, C. Approx. 5,000 terms.
Dictionaries: Specialist & Technical: Legal. Published 2006. Price: £25.95

Wörterbuch Recht German<>English Bachem, W. & Hamblock, D. Approx. 56,000 terms.
Dictionaries: Specialist & Technical: Legal. Published 2008. Price: £42.99

If you click on the first entry, it says the book and CD ROM are temporarily out of print but cost £52. The paperback (I didn’t know about this) is available and costs £30.

In response, I was taken aback at the absence of Romain and Dietl, but on reflection think they may be unavailable and about to be published in new editions.

I’ve written about small law dictionaries before (here and here). I understand why the publishers like them: because they can sell them to German law students. But they are just not big enough to be much use. If the budget doesn’t run to more, I would advise against the Köbler, although I don’t know its latest edition. The editions I have seen have all been based on a standard and peculiar shortish word list, originally created in German and put into English or whatever other language is involved. Of the others, I slightly prefer the Bachem and I don’t find the extra material in the Langenscheidt much use, but if possible you should compare the two yourself.

The Horstenkamp was unknown to me so I bought a copy. It is out of print but can be got second-hand. I actually got a new copy, but I don’t think it’s that easy to find. This dictionary of labour, law and business terms was done by a colleague. It is actually a set of seven glossaries EN>DE and seven glossaries DE>EN. This disqualifies it for me even if it were bigger, as I don’t want to spend so much time leafing through it. True, there are two global indexes in the back, which somewhat helps. The areas are:
Labour – Arbeit
Business – Wirtschaft
Education/Training – Bildung/Ausbildung
European Union – Europäische Union
Law – Recht
Politics – Politik
Health and Safety – Arbeitssicherheit

The labour part looks OK, but in particular the EU and law sections are very small and it looks more like an interpreter’s private glossary. It also has things like
sich schuldig bekennen – plead guilty (looks like a reverse of an EN>DE entry)
vorsätzlich – wilful; premeditated (Vorsatz is intention, not premeditation)
Pflichtverteidiger – duty solicitor (again, was this generated from EN>DE?)
Gewohnheitsrecht – common law (should be custom)

Schweitzer International Bookstore

Have I recommended the Schweitzer legal bookshop in Munich before? I’ve only been once and they had an eclectic selection of law books in English in the basement. Don’t know if that’s still the case. More interesting was a list of books, for example German law in English, which I got hold of years ago. What I didn’t realize is that its successor and various materials are now available online.

Schweitzer Fachinformationen

If you click on International Bookstore, you will find a number of links to newsletters, including special editions of newsletters, in the form of PDFs with details on relevant literature:

Spezial-Ausgaben des ILFB-Newsletters /
Newsletter – special edition
ILFB Spezial: Arbitration
ILFB Spezial: Germany
ILFB-Spezial: Contracts – Forms – Drafting
ILFB-Spezial: Insolvency
Sonderheft: International Corporate Reporting
ILFB-Spezial: Intellectual Property
ILFB-Spezial: Securities Law & Regulations
ILFB-Spezial: Joint Ventures & Strategic Alliances
ILFB-Spezial: Estate Planning – Trusts
ILFB-Spezial: Private Equity
ILFB-Spezial: Islamic Business & Finance
ILFB-Spezial: Business Crime
ILFB-Spezial: Company Law Reform Act

The newsletters relate to books on law, economics and tax, and you can subscribe to them.

From the special newsletter on Germany (August 2011), here is a typical book description from page 37 (I have this book by Singh and it looks very good – English texts on administrative law are not so easy to get – but I haven’t got round to mentioning it yet).

German Administrative Law in Common
Law Perspective
Singh, Mahendra P., 2nd edition 2001
ISBN 3540423656, 377 p.
(Springer Verlag)
Hardback,€ 85,55
A thoroughly revised edition of the author’s book on German Administrative Law, first published in 1985. From the perspective of a common law jurisdiction the author presents the basic framework of German administrative law, along the lines administrative law is understood in the English speaking world. It covers all the essential elements of German administrative law. It is updated to include the latest developments and the impact of EC law in different spheres.
Contents:
Nature, Scope, Growth of German Administrative Law. Legislative Powers of the Administration: Delegated Legislation. Administrative Powers: Administrative Act. Administrative Powers: Contracts, Private-Law Acts, Real Acts, and Planning. General Principles of Judicial Review. Judicial Review of Discretionary Powers. Administrative Courts. Judicial Remedies & Procedure. Liability of the Public Authorities. The Basic Law Grundgesetz). Law on Administrative Proceedings of 25 May 1976 (VwVfG). Code of Administrative Court Procedure (VwGO). An Illustrative Judgment.

Great work by Bettina Kube.

There’s a bookshop from the same chain in Nuremberg, but it doesn’t have a brilliant selection on international law. Maybe others do.