Grace Ferrier

When I became a tenant, I could never have imagined that Portuguese, a language that I had learned in a church during my teenage years and then gone on to study at university, could have influenced my practice so significantly. As soon as I was taken on, I was instructed on two large commercial cases arising out of events taking place in the Lusophone world, principally because I spoke Portuguese. Other instructions have since followed.

The obvious benefit, then, to speaking a foreign language at the Bar is that it results in instructions, and in particular, on matters which one would likely not have otherwise been instructed. There are numerous other benefits: I have travelled extensively to parts of the Lusophone world that I would not have otherwise been; worked closely with foreign lay clients; and had the opportunity to work with a vibrant team of foreign lawyers. Last but not least, I am able to make use of a language which I am especially fond of and which I had previously not had the opportunity to use in my working life.

I have been able to use my language in numerous aspects of my day-to-day work, whether that is legal research into points of foreign law, meetings with foreign law experts, reviewing documentary evidence in a foreign language or reviewing translations of documents. The fact that I am able to conduct all of these tasks in a foreign language saves time and costs. For example, before sending a document for translation, I am able to review it in the original language and determine whether it merits translation at all. This is particularly beneficial in document-heavy cases where the majority of the documents are in a foreign language.

In certain cases, it is impossible to obtain a faithful translation of a particular document without input from a person who understands not only the language, but also the surrounding factual and legal matrix. Given that legal disputes often turn upon the proper interpretation to be given to a particular word or phrase, the input that foreign language speaking counsel is able to give in this context is invaluable.

Foreign language speaking counsel is also useful for researching points of foreign law because an English lawyer is able to conduct legal research in a foreign language from a unique ‘English law’ perspective, with the question as to what may or may not be persuasive to an English judge at the forefront of their mind.

Finally, there is a cultural sensitivity that accompanies knowledge of a foreign language which makes for better working relationships with foreign clients.

In order to develop my Portuguese-speaking practice, I have attended legal conferences in the lusophone world; given talks in Portuguese about legal issues; organised legal events with strong lusophone representation; joined a lusophone legal society; and developed relationships with lusophone lawyers based in London. My foreign language also has pride of place in my Chambers’ profile.

For those looking for opportunities to use their foreign language at the Bar, I would recommend all of those initiatives. My practice is all the richer and more enjoyable for them. 

Six useful ways to deploy your language skills at the Bar

By Antonia Eklund

With a growth in cross-border disputes, international arbitration, and global strategic litigation, to name but a few areas, the opportunities to use additional languages at the Bar are numerous and diverse. Having worked extensively in Spanish and Portuguese, there are, for me, six key benefits to using additional languages:
1. Developing personal interests and expertise
I have been pleasantly surprised by the number of opportunities to use my languages in practice, including in several cases connected to Latin America – a region of great personal interest, having worked for many years in Brazil and Colombia as a journalist and political risk consultant prior to coming to the Bar. These cases have included a long-running group action under Brazilian law in the Technology and Construction Court, and interventions in the Inter-American Court of Human Rights, Mexican Supreme Court and Colombian Constitutional Court. I have also continued to work on Environmental, Social and Governance (ESG) related issues, developing on my previous work in this field. Languages can prove a useful way, therefore, to obtain instructions and to develop a practice in areas of personal interest and expertise.
2. Conducting legal analysis and discussion in the original language
I learn constantly from my leaders’ and peers’ approaches to analysing foreign laws in translation. Reading and analysing the relevant texts in their original language, however, often sheds light on a fault in a translation or a nuance which merits investigation or emphasis. It also facilitates discussion directly with expert witnesses or team members as to the proper interpretation of a particular phrase which may be material to the dispute.
3. Conducting legal research in the language of the relevant jurisdiction
Being able directly to navigate the websites of courts and legal databases in other jurisdictions in the original language, greatly facilitates legal research into foreign laws, or the application of international law in other jurisdictions. This can be an aid to more efficient, thorough research, particularly in smaller teams.
4. Developing a comparative approach
Applying foreign law in the English courts, or intervening in tribunals abroad as an English lawyer, requires one to develop a comparative understanding of legal systems and approaches. I have great respect for the foreign- and dual-qualified lawyers I work with in the UK, who demonstrate this skill – one which can be developed and strengthened working across languages.
5. Building trust and understanding with those you represent
Communicating with those you represent in their own language in conference can help to forge trust, particularly where there are cultural or jurisdictional complexities at play. It has also helped me at times better to understand the real issues at stake for the ultimate client.
6. Building relationships with clients and colleagues
The Bar is, despite its competitive nature, a collegiate place, and there are many opportunities to collaborate with other barristers and solicitors with shared languages, interests and expertise. Regionally focused Bar Council events, networks and other initiatives provide a great way to meet such colleagues, and together to build and capitalise upon the varied opportunities for international and multi-lingual work.