Dec 16, 2004 20:58
19 yrs ago
12 viewers *
Portuguese term

representar v. assistir

Portuguese to English Law/Patents Law (general)
What is the difference between the two words in the following?

"Parte ré representada por ABC e assistida por XYZ."

Discussion

rhandler Dec 16, 2004:
The attorney (representante) must be a lawyer, in Brazil. The privy doesn't have to be a lawyer, but anyone who has an interest and decides to support that party in the action. If the plaintiff is a lawyer, he may represent himself in court.
Non-ProZ.com Dec 16, 2004:
The case is that the plaintiff is "assistida" while the defendant is both "representada" and "assistida". This makes me think that perhaps the attorney/privy distinction may not apply here. Could the defendant be representing herself assisted by XYZ, while the defendant is represented by the head of the defense team who is assisted by others on the defense team?
Non-ProZ.com Dec 16, 2004:
How would the distinction between "attorney" and "privy" be rendered in the phrase above? "Defendent represented by ABC with XYZ as privy"?

Proposed translations

18 mins

act as attorney x act as privy

Representar: act as attorney.
Assistir:act as privy (see below)

ABC is the attorney for the Defendant. XYZ is a privy, one who acquires an interest in the subject matter (as property) of prior or pending litigation and is bound by the judgement as if he or she were a party to the action (Merriam Webster's Dictionary of Law)

Something went wrong...
18 mins

(the defendant's) counsel is ABC; advised by XYZ

They seem to be on the same team, not much distinction there. Here's how I would word it.

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Note added at 1 hr 58 mins (2004-12-16 22:57:42 GMT)
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to have privy access/info/assistance, XYZ must be in some legal capacity for the defendant. I doubt there would be two parties working separately in the same case (attorneys/Counsels-ABC and advisors/XYZ - just bad strategy, seems to me).
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3 hrs

represented versus assisted by

first counsel and second counsel...or first and second chair seems to me: as in below:

and ability to handle any CJA appointment on a first-chair basis ... 4) Appointmentof
Counsel. ... Panel A or Panel B, and may appoint one or more second-chair counsel. ...
www.txwd.uscourts.gov/rules/online/pdf/at/at-8.pdf - Similar pages


In English court parlance, I'm pretty sure the second chair attorney is said to be assisting....


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Note added at 3 hrs 50 mins (2004-12-17 00:49:00 GMT)
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I might be wrong but I looked at several documents from Brazil, and it seems to me this may be the case
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