Ioannou-Naoum-Wokoun/ Ruelling. Business Phrases for Lawyers
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1 Ioannou-Naoum-Wokoun/ Ruelling Business Phrases for Lawyers
2 Business Phrases for Lawyers How to talk shop professionally - and succeed! A collection of useful phrases by Karin Ioannou-Naoum-Wokoun Martin Helmuth Ruelling
3 Zitiervorschlag: Ioannou-Naoum-Wokoun/Ruelling, Business Phrases for Lawyers (2014) Alle Rechte, insbesondere das Recht der Vervielfältigung und Verbreitung sowie der Übersetzung, vorbehalten. Kein Teil des Werkes darf in irgendeiner Form (durch Fotokopie, Mikrofilm oder ein anderes Verfahren) ohne schriftliche Genehmigung des Verlages reproduziert oder unter Verwendung elektronischer Systeme gespeichert, verarbeitet, vervielfältigt oder verbreitet werden. Sämtliche Angaben in diesem Buch erfolgen trotz sorgfältiger Bearbeitung ohne Gewähr; eine Haftung der Autoren sowie des Verlages ist ausgeschlossen. ISBN Manz sche Verlags- und Universitätsbuchhandlung GmbH, Wien Telefon: (01) Grafisches Konzept: Anita Frühwirth Druck: FINIDR, s.r.o., Český Těšín
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5 Note to the reader How to read this booklet Words in regular typeface are used for example phrases: May I ask you what brings you here today and how I can help you? Italic typeface are to be substituted by authentic names or situations: It s a pleasure to meet you. Would you like a cup of coffee? Dates 1 August is pronounced the first of August or August the first. 4
6 Contents Note to the reader How to read this booklet Verbal Communication 1.1 How to talk to a client about a civil matter at the first encounter How to talk to a client about a criminal matter How to make a telephone conversation with a client How to discuss a case with a colleague How to introduce a colleague and discuss a topic How to negotiate with another lawyer about a legal clause How to explain ideas to the client How to warn a client of risks How to talk about corresponding laws How to clarify the issue How to add a point How to express reservations How to keep your turn How to continue after an interruption
7 Contents 2. Written Legal Correspondence 2.1 General Wordings/Phrases Sample s/letters How to write a letter of advice How to write a follow-up letter to your client How to draft a letter updating your clients about developments How to prepare a case How to phrase a letter between lawyers concerning a contract negotiation How to claim/propose/accept payment Charts 1. Jurisdiction in Austria Jurisdiction in Germany Jurisdiction in the U.S Jurisdiction in England and Wales
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10 1. Verbal Communication
11 1. Verbal Communication 1.1 How to talk to a client about a civil matter at the first encounter How to greet It s a pleasure to meet you. Would you like a cup of coffee? Pleased to meet you Mr Nestler. Please have a seat. How to explain the procedure I m first going to ask you some questions about the situation in general and then we will look at some details. Let me assure you that everything you are telling me today will be held in strict confidence. We ll be spending the next hour discussing the facts of your case. 10
12 1.1 How to discuss the fees Just to let you know that my very first, short consultation is free of charge and thereafter my hourly fee is 000. Before we get started in more detail, let me tell you that I charge 000 an hour. How to be instructed as lawyer May I ask you what brings you here today and how I can help you? Would you mind describing in detail what has happened so far? Thank you for entrusting me with this matter, Mr Lynch. Goodbye! How to summarise the nature of the dispute So, if I understand you correctly, you re saying that you would like to take your ex-partner to court. Let me quickly repeat what I have understood so far. 11
13 1. Verbal Communication Allow me to summarise what you ve said. As I understand the situation you would like to lodge a claim. How to gather information I see. And what happened next? I understand. And what did you do then? So let s turn back to the sequence of events. Could you please tell me in more detail what has happened? How to ask about details I m afraid I need to know more about your business details. May I ask you more about the causes that have led to the current situation? Would you mind explaining the facts to me again? 12
14 1.1 How to establish a solution If we have enough evidence and if we can prove all of that at a trial, you might be able to get a considerable amount of compensation for the loss you have suffered. You may be able to get the compensation I mentioned earlier. How to assess the case Right, so let me tell you something about the legal position in such cases. Well, I think we have a good chance of convincing the court so that our claim will be successful. As I see it, we have good reason to be optimistic. How to describe the next moves Ok, let me go through our documents again. Right, so I m going to research these matters in detail and then I ll get back to you, ok? 13
15 1. Verbal Communication How to refer to the next contact It was good you came to see me, Ms Graham. I m afraid I have to warn you that unless you provide me with all the documents by tomorrow, it will be extremely difficult to meet the deadline. I ll call you next week to let you know how things look. Right, so much about it today and you ll hear from me in a few days, ok? 14
16 Ioannou-Naoum-Wokoun/Ruelling Business Phrases for Lawyers Master the art of talking shop and succeed! Business phrases for lawyers is meant for those who wish to improve their oral and written communication skills in legal English by: expressing themselves professionally interacting diplomatically finding the right wording. Martin Helmuth Ruelling holds a doctorate in European Law and a Master s degree in European Studies. He has worked for law firms in Austria and Brazil and been a lecturer in European Studies at the University EAFIT in Medellín, Colombia. He currently works as a coach for Business-, Legaland Financial English in Austria. Karin Ioannou-Naoum-Wokoun has a Master s degree in English and American Studies and Romance Languages. She is a trainer in Intercultural Conflict Management and International Business English and her client base includes many multinational companies. She has a long-standing experience as teachers trainer in English with Austrian government, the Chamber of Commerce in Vienna and a leading international language course provider. ISBN
Warning a client of risks 1/2
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Denis Brock Partner. Experience
Denis Brock Partner Hong Kong D: +852-3512-2388 dbrock@omm.com Denis Brock is the Chair of O'Melveny's International Disputes and Arbitration Practice and the regional head of the Asia Litigation Practice.