How to Translate Legal Documents

Legal translation is a very specific skill. In order to translate legal documents you will need to be detail oriented and have strong writing skills. You should have a command of the language you are translating. It would be helpful to have a legal background. Remember that many of the documents you translate may be used as evidence in the future.

Instructions

• Familiarize yourself with the document to be translated. Use your legal dictionary if needed.

• Translate the document using the translation software. Use software translation guides as references, but you should be fluent in the two languages you're working with.

• Edit every single word in the document to assure that it flows and makes sense to the target reader. Do not use words that your target audience will not readily understand. Use your dictionary and language skills.

• Remember that you are merely translating. You should never paraphrase. Always use the formal language contained in the document in the same order. A slight change can alter the legal meaning of a document, so you must be precise. Do not add comments to clarify the translation unless they are part of the translation. As much as possible it should be a literal translation. If you think something is wrong, don't change it. Make a note for the attorney and the copy editor.

• Make sure you adhere to the deadlines given by the attorney. Some legal documents have deadlines in court and are useless after those dates. Remember that all legal translations are to remain confidential. Do not discuss or distribute any legal translations except to the attorney who assigned the project to you.

Source : braniac

How to Serve Legal Documents

There are strict rules for serving legal process on a party to a lawsuit. Acceptable methods of serving legal process include constructive service, mailed notice and acknowledgment of receipt, personal service, substituted service and service by publication. Service of process may be effectuated by a process server or a sheriff’s office in the jurisdiction where the real property is located. Special rules apply when serving members of the armed forces and government agencies. Court rules may require service within a specified time period. The original summons should be returned to court after service of the documents.

Instructions

• Start by filing a lawsuit or other legal proceeding either by yourself or representation by a licensed attorney.

• Determine the acceptable methods of serving the entity or persons. These can include mail and acknowledgment of receipt, personal or constructive service, substituted service or service by publication. Proceedings involving possession andor ownership of real property such as evictions, foreclosures or actions for adverse possession may require that you post a conspicuous notice on the property and thereafter mailing a certified mail notice to all occupants of the real property.

• Contact your state’s secretary of state to determine who the proper agent for service of process is. All corporations must designate a person or company that can accept service of legal process for their corporation. Generally, you must either serve the agent for service of process or serve a person apparently in charge of the office and send a copy of the documents to the company’s main office.

• Serve individuals and sole proprietorships by personal service, if possible. If your process server has unsuccessfully attempted to serve documents personally, you may usually effectuate service by leaving copies of the documents with any person age 18 or older who resides at the party’s residence and sending a copy of the documents to that party via certified mail.If you have diligently and unsuccessfully attempted to locate a party, you can usually get the court’s approval to serve the party by publishing a notice in a “newspaper of general circulation.”

• Serve a governmental entity by whatever method required by your state or required by the specific federal agency. In some cases, you may be required to serve the state’s attorney general or the head of the agency you are suing.

Tips & Warnings

You should provide as much information as possible to your process server. If a party to be served isn’t home or at their office, the number of attempts to serve may result in you having to pay additional fees to the process server. Also, be sure that the process server has sent a copy of the declaration or proof of service to the court.

Errors in service process can be fatal to a lawsuit. You must meticulously follow the laws and court rules relative to service of process.


Source : Roger Jewell, eHow Contributor

How to Make Legal Documents

A legal document is proof of a contract.

According to Black's Law Dictionary, a contract is an agreement involving two or more parties, in which all parties agree to certain actions. Legal documents are written proof of these obligatory contracts. A legal document can be used as binding proof in nearly all legal situations; to name just a few, legal documents are used in real estate, family law, intellectual property, and commerce. When drafting a legally binding contract, you must adhere to legality and articulate the actions.

• Address only legal activity in the written document. To be considered a legally binding document, the contract cannot involve illegal products or activities. Drugs, theft, and violence are three examples of subject matter nullifying an otherwise binding legal document.

• Address, in the document, two or more voluntary parties. A legal document is not legal if it involves only one party. Likewise, the document is not legal if one or all parties are forced into the contract. For example, if one party holds the other at gunpoint, forcing cooperation, the document is not legally binding.

• Ensure that all parties are of sound mind. Each person involved in a contract must be sane, sober, and of a legal age. Any contract involving an intoxicated, underage, or mentally incompetent individual is not legally binding. Expressing the Actions

• State an offer in the written document. The contract's offer states the obligations to which each party is responsible. The offer is typically conditional. Basically, Party A promises to do or give X, so long as Party B promises to do or give Y. For example, Party A could be a car owner, selling to Party B a vehicle, as long as Party B promises (and delivers) one hundred dollars a month for sixty months.

• Include an acceptance. In the written legal document, it must be apparent that the offered party agrees with what you, as the legal document drafter, articulate in the document. If your original document is not initially agreed upon by your offered party, you can include amendments and re-offer the contract. Not until both parties are satisfied, however, can a written document be legal.

• Include consideration. Consideration means that there exists an exchange between two parties. One party cannot solely receive, and the other cannot solely give. If Party A gives Party B a car, but does not specify consideration, the action is not legally binding. If Party B gives Party A something in return, however, the contract becomes legally binding, even if Party B gives Party A something as minor as a dollar. For your document to be legal, you must include evidence of an exchange.

Tips & Warnings

• Be as specific as possible. The more vague your document, the easier it is to refute. Stating one hundred dollars a month for sixty months, delivered by midnight on the first of each month is a much safer way than requesting six thousand dollars in sixty months. Have a legal professional review your document, and, preferably, offer advice. Lawyers and legal professionals are trained and familiar with potential loopholes.
• Review your document with great care. Because the written legal document is binding, all parties are legally obligated to adhere to the terms.

Source : Andrea Lynn Farkas

How to Send Legal Documents

Take care to keep proof that you've sent your legal documents.
Sending legal documents to people who require them is a simple procedure that you can accomplish with a quick trip to the post office. It's important to send any required documentation out before the deadline so that all parties involved in the situation have time to read and assess the documents they receive. Keeping good records of mailing and notifying everyone involved will ensure that if your documentation is questioned in court, you'll be able to answer any charges or concerns.

Instructions

• Call each person who will be receiving copies of the documents you're sending and confirm their physical address.
• Place the documents into a document mailer. Include a piece of cardboard the same size as the paperwork to help ensure that the documents aren't bent or folded. You can obtain these items at the post office or any local office supply store.
• Take the documents in their mailer to the post office and ask the clerk to calculate and attach the postage.
• Request a Certificate of Mailing. You'll need to send you documents via First-Class mail. The Certificate of Mailing is your proof that you posted the documents with a postal worker, so be sure not to lose the receipt. If the documents pertain to an ongoing case, file the Certificate of Mailing with the Clerk of Court where the case is being heard.
• Attach a signature request to the delivery. This will show that the person who is receiving the documents actually got to him and will prevent anyone from saying that he never received his paperwork if he did.

Source : Melly Parker

How to Prepare Legal Documents

Although preparing an effective legal document is not an easy task, it is not as arcane a task as many people believe it to be. Many of the principles of preparing legal documents are the same as the principles of good writing that apply to any written work. Other principles are specific to the practice of law. A good rule of thumb when preparing a legal document is to pretend that it is being presented as evidence in court and that the opposing lawyer is trying to twist your words to make them appear to mean something other than what you intended. If you can draft the document well enough to make this impossible, then you have drafted the document properly.


Instructions

• Identify the parties clearly. First and last names are usually not enough--you will need identifying information such as an address or Social Security number that is sufficient to distinguish each person from every other person in the world. Be sure not to confuse the identity of an individual with the identity of the company that he represents--in many cases, companies rather than individuals are parties to a legal document.

• Use terms consistently--don't use the word car in one sentence and the word automobile in the next sentence to refer to the same vehicle. In many cases, parties or terms are defined by the use of capital letters (for example, ...the mortgage held by Second Central Bank, hereinafter referred to as the Mortgage...), where the term Mortgage is used consistently after that point. This may seem cumbersome, but it is often necessary to prevent opposing counsel from manufacturing ambiguities if the document is ever used in court. However, the use of definitions should not be overused to make a document look more legal--it should clarify rather than obscure the content.

• Avoid legalese but don't be afraid to use a legal-sounding term if it is a legitimate term of art. Refer to a legal dictionary if you are unsure. For example, the use of Party A and Party B or Smith and Jones is certainly superior to unnecessarily cumbersome Party of the First Part and Party of the Second Part. However, the term springing executory interest may sound arcane but is probably the most accurate and succinct way to describe what it refers to.

• Use simple grammar whenever possible. Long sentences with more than one subordinate clause can often be interpreted more than one way. This can result in ambiguous double meanings for the same sentence. Such ambiguities could be seized upon by someone who is, for example, trying to avoid contractual obligations.

• Break your document up into clear headings. Specify within the document whether the headings should be used to interpret the text or are inserted for reference only. For example, a price of $10,000 might be alternatively payable in Japanese Yen if the heading reads Payment but probably must be paid in US dollars if the heading reads Payment and Currency. If the headings are inserted for reference only, no such interpretation is available.

• Pay particular attention to any signatures required to make the document legally effective. If an individual is signing on behalf of a company or under a power of attorney, this should be clearly noted. If a document must be notarized, a place for the signature of the notary public should be provided.

• Check over the document to make sure it is flawless in terms of spelling, grammar and punctuation. Remember that the simple misplacement of a comma can change the meaning of a sentence and, in some cases, the entire document.

Source : David Carnes

How to Format Legal Documents

The proper format for a legal document can vary greatly, depending on the type of document you are drafting and laws of your state. Legal documents will have at least four parts the caption, body, signature block and certificate of service. Generally, there are not written rules regarding what font and type size should be used on legal documents, but most courts prefer that filings be printed in a clear type such as Times New Roman or Arial.


Instructions

• Review the rules of your jurisdiction. Before you begin to draft your document, review your court's rules governing the format and contents of the specific legal papers you are writing. Your state's rules will generally give you samples of common documents such as petitions and motions. You can base your formatting on these models.
• Add a caption. On all legal documents, you will need to add a caption at the top of the first page that lists the names of the parties to the case, the name of the court where the matter is being heard and the case number.
• Name the document. Underneath the caption, you will need to title your document, for example Petition for Divorce or Motion to Dismiss on the Grounds of Jurisdiction.
• Keep it simple. The body of your legal document should contain short, simple paragraphs. Most courts prefer that you number each paragraph so that each element of the document can be identified easily in other documents and in the courtroom proceedings.
• Sign and date it. You must sign and date all legal documents. Most courts also require that you add your contact information below your signature, including your telephone number, mailing address and email address. Most courts prefer that you sign in blue ink since is it difficult to tell whether a document is the original or a photocopy when it is signed in black.
• Certify service. Most documents require a certificate of service. This will state the name of the other party, the opposing party's address and a brief statement describing how you served them the document. You will also need to include what date the document was served. You must also sign the certificate of service.

source : R.A. Anderson

How to Store Legal Documents

Keep valuables and critical legal documents in a fireproof safe, a bank safe deposit box, or both.
During your lifetime you will likely collect numerous legal documents. Marriage licenses, wills, birth certificates, social security cards, tax returns and deeds are the most common legal documents. Some of these documents can be replaced if lost (such as most legal documents issued by the government); others may need to be completely rewritten (such as unrecorded deeds or wills). When choosing how to store your legal documents, rocketlawyer.com suggests keeping in mind two factors security and ease of access.

Things You'll Need

• Fireproof safe
• Locking file cabinet
• Folders

Instructions

Make copies of your important legal documents. Important legal documents pertain to you and your identity. Marriage licenses, birth certificates, social security cards, wills and a list of your bank account numbers are examples of important legal documents.

Store one set of your important legal documents in an emergency kit. Use a fireproof safe that locks. Keep your important documents in the safe and remember where the key is or what the combination is. Keep the safe hidden, yet easily accessible, perhaps in a small closet crawlspace.

Take copies of your important documents and place them in a bank safe deposit box. This creates a backup for your important legal documents and provides you security (although you can't access the documents as quickly if they're not in your home).

Place other legal documents in a locking filing cabinet. Organize the documents by type for ease of access. Other legal documents include less-important items such as tax returns, credit card statements, investment records, bills and paycheck stubs.

Keep tax documents, investment records, and lawsuit judgments in the filing cabinet for seven years. Shred after seven years. Keep bank statements, credit card statements, and paychecks for no longer than one year and then shred; typically you do not need these documents after one year (usually after you file your tax return) and these documents should be destroyed since they contain personal information.


Tips & Warnings
Consider scanning less-important documents to PDF files to save space.


source : George Lawrence

How to File Legal Documents

The rules for filing legal documents differ from state to state. In addition, the specific rules of each courthouse will likely differ. Before attempting to file any legal documents, it is important that you read the rules of civil procedure for your specific state as well as any other administrative rules prescribed by the specific courthouse. But while the specific details differ from courthouse to courthouse, there are several principles that are shared across jurisdictions.

Things You'll Need
Civil rules of procedure
Computer with Internet access
Envelopes

Instructions

• Read the rules. No matter what jurisdiction you are in, it is critically important to read the rules of civil procedure. Visit the website for the courthouse where you will be filing your documents and see if administrative requirements are listed online. You should also go to the clerk's office of the courthouse. Resources may be available there to assist you in following the rules of that court.

• Determine what type of document you need to file. If you are involved in an adversarial proceeding, it is likely you will file a complaint, a motion, a praecipe, or another civil litigation document. It's important to read the rules to determine which type of document you need to file for the specific legal relief you are pursuing. In other words, if you want the court to take a specific action, you need to determine what the appropriate format is to ask the court for relief.

• Draft the document. Draft the document pursuant to the rules of civil procedure and any other rules the individual court prescribes.

• Serve the opposing party or parties if they exist. If you are involved in an adversarial proceeding, you must send copies of your legal document to the other side prior to filing the document. Most jurisdictions require that you send the document by mail. You must also include a certificate of service with the document certifying, by your signature, that you sent the documents to the opposing party.

• File the document. Many jurisdictions require that you physically deliver the document to the clerk's office in the court. It's useful to bring two copies with you. You should file one with the clerk's office and ask for the second to have a file stamp placed on it. That way, you have proof that you filed the specific document should any document get lost. Other jurisdictions allow for e-filing, a process for filing documents online. Again, it is crucial to determine all the appropriate rules and procedures of your jurisdiction.

Tips & Warnings
Filing legal documents is a very difficult process. It's complicated and requires tremendous diligence and extraordinary attention to detail. You should seriously consider whether hiring a qualified attorney, licensed to practice in your jurisdiction, is the better way to proceed.

DISCLAIMER This article is intended to serve as a general overview of how to file legal documents. It is not intended to serve as legal advice. To determine how the law applies to the facts of your particular situation or how to file legal documents in your specific jurisdiction, consult a qualified attorney, licensed to practice law in your state


Source : Joseph Scrofano

How to Copy Legal Documents

Copy Legal Documents

Legal Documents are any papers used by lawyers prior to, during, or after legal proceedings have been completed. These can include such things as lists of evidence, subpoenas and interview transcripts, among others. Legal documents must be copied in a specific way so that they can be referenced easily when after being filed. While it does require a little extra work compared to making regular copies, copying legal documents is not at all difficult.


Things You'll Need
A Copy Machine

Instructions

• Sign anything that needs to be signed on the document with a blue pen. Because copies are made in black-and-white, the blue pen will appear black on the copy. This way, you will always be able to differentiate the original from the copy.

• Copy the documents. Put each page that you need to copy onto the copier's scanner, one at a time. Make sure they are face down and lined up in the scanner. Key in the number of copies you need to make on the keypad and press the SCAN button on the copier to complete the job.

• Stamp each copied page of the documents with the COPY stamp. Every law firm needs to make copies on a daily basis. Because of this, every law firm has at its disposal a rubber stamp that reads COPY in big letters. This is to quickly and easily display that you are looking at a copy of an original document. Take the COPY stamp and stamp every page you've just copied, making sure not to stamp any of the original documents.

Source : Stephen Lilley

How to Cite Legal Documents

Cite Legal Documents

When preparing legal briefs and memorandum, it is very important to properly cite legal sources. Here is how to properly cite cases of law in legal writing using The Bluebook.

Things You'll Need
A case to cite An updated copy of The Bluebook


Instructions

• Find rule 10 in The Bluebook, page 79 in the Eighteenth Edition. Rule 10 explains the rules for citing cases.

• Cite the case name. For example, in Smith v. Jones, Smith is the first party, v. is for versus, and Jones is the second party. The case name is underlined and followed with a comma.

• Find the volume number of the reporter in which the case is found. For example, if Smith v. Jones is found in volume 27 of the Federal Supplements, you would write Smith v. Jones, 27

• Write the abbreviation of the reporter after the volume number. For example, the Smith v. Jones case would be Smith v. Jones, 27 F.Supp. If you do not know what the proper abbreviation is, it can be found in the beginning of the book in which the case is found.

• Include the page number that the case starts on after the reporter. For example, if Smith v. Jones was on pages 64-97, you would write Smith v. Jones, 27 F.Supp. 64. If you are referring to a specific page, add it after the first page number separated by a comma.

• Write the year the case was decided last in parenthesis. For example, is Smith v. Jones was decided in 1975, your complete citation would look like this Smith v. Jones, 27 F.Supp. 64, 89 (1975).

Tips & Warnings
A citation is a sentence and should begin with a capital letter and end with a period. Refer to The Bluebook rules for abbreviating case names.

Source : Jessica Leigh