People often get confused by the way we lawyers speak. Part of our job is to communicate with you in a way you understand, not to sound smarter than we are.
We try our best to break it down in a way that you can understand, but sometimes we can’t avoid it, especially when the jargon comes from a contract, legislation, or Land Information New Zealand requirements.
Knowing what these terms mean is important to ensure that you understand your options and rights, a deadline is not missed, or you do not walk out of a meeting expecting a different outcome.
It does not help that some of our jargon is different to America and what you see on television.
I asked my friends and family what terms they hear me using and think “I have no idea what you are on about”, and I have collated them and translated them.
These are just a few examples. Contact one of our esteemed legal professionals if you have any other specific questions for a breakdown.
Legal jargon and their translation
Client The individual or entity receiving legal advice or representation.
Solicitor/Barrister A person who has completed the educational qualifications and character requirements to be admitted to the “bar and holds a practising certificate”. Generally referred to as a lawyer. In New Zealand, unlike in some other countries, all solicitors are also barristers.
Caveat A formal notice lodged on a property title to protect your interest in the property. It acts like a flag on the property title, preventing the registered owner from doing anything with the property until the caveat is removed.
Intestate When someone dies without leaving a valid will.
Memorandum A formal written document that is filed in court proceedings, used to talk to a judge, generally setting out your position or proposed next steps. Often referred to as a memo.
Probate The legal process of obtaining a grant from the High Court of New Zealand to allow the executor to administer the deceased's will. This application is only required if the deceased has one asset valued at more than $40,000.
Attorney A person you appoint to make decisions and/or manage your property on your behalf. This can either be from the date you sign your Enduring Power of Attorney documents or come into force once you lose capacity.
In America, an attorney is a qualified lawyer.
Executor The person named in a will who is responsible for administering and distributing the estate.
Deed A formal written document that is signed and witnessed in a particular format. A Deed, unlike a contract, does not require each party to give or promise something in return(consideration). Common types are a Deed of Trust or a Deed of Lease.
Affidavit Your written statement of facts is used as your evidence in legal proceedings. By signing, you swear (on the bible) or affirm (make a solemn declaration) that the contents are true.
Purchaser The party buying the goods or services from another party.
Vendor The party selling the goods or services to another party.
Tenants In Common A way for two or more people to own property together in defined shares.
Record of Title The land record that proves ownership of land and the rights and restrictions that apply to the land.
Chattels Moveable items of personal property. Things you can pick up and take with you.
Conveyancing The legal process of transferring property ownership from a seller to a buyer.
Counsel The lawyer providing the legal advice and representation in court.
Covenant A legally binding agreement against your property title that dictates how you can use, develop, or maintain your land.
Disclosure The legal obligation to provide all relevant information and documents to another party.
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