Category: linguists and lawyers

This category illustrates some of the many ways in which linguists can assist lawyers.  The focus is on the cases I deal with — copyright infringement, authorship, interpretation of contracts, and plagiarism.

“You have the right to remain silent…”: On understanding the Miranda warning (it’s not so easy)

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The famous Miranda warning – “you have the right to remain silent…” — is actually very difficult to understand, especially for non-native speakers, who often give up their rights without knowing what they are.

1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one.
(After the warning and in order to secure a waiver, the following questions should be asked and an affirmative reply secured to each question.)
1. Do you understand each of these rights I have explained to you?
2. Having these rights in mind, do you wish to talk to me now?

“You have the right to remain silent…”: On understanding the Miranda warning (it’s not so easy) full post

(2469 words, 1 image, estimated 9:53 mins reading time)

Examples from the Forensic (Linguistic) Files

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Forensic linguistics – what’s that?

accmpanies post with case examples

Is a contract provision binding if its meaning is indeterminate or ambiguous?

At various places on this site, you’ll find somewhat abstract descriptions of the services I offer.  But what kinds of cases do I actually get involved in?  Examples follow (current cases excluded).

In three of my specialties, I’m about equally divided between Plaintiff and Defendant.  In cases of alleged academic plagiarism, I represent the Defendant, who typically has not committed plagiarism, even by the university’s own rules.  In cases of literary plagiarism, I represent Plaintiffs who believe that their work has been copied.

Examples from the Forensic (Linguistic) Files full post

(435 words, 1 image, estimated 1:44 mins reading time)

When a lawyer needs a linguist

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Linguists and lawyers

When does a lawyer need a linguist?

As Roger Shuy, one of the most pre-eminent forensic linguists, has observed, the interpretation and application of the law are overwhelmingly about language.  Thus, there are many situations in which the expertise of a linguist – someone trained in the precise description and analysis of language (but not necessarily a person who knows many languages) – can make substantial contributions to a case, providing evidence one way or the other or simply clarifying the linguistic principles, problems, and processes that the case involves.

When a lawyer needs a linguist full post

(1013 words, 1 image, estimated 4:03 mins reading time)

When a Lawyer Needs a Linguist…

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Linguists and lawyers

When does a lawyer need a linguist?

Roger Shuy, one of the most preeminent forensic linguists, notes that the interpretation and application of the law are overwhelmingly about language. Thus, there are many situations in which the expertise of a linguist – someone trained in the precise description and analysis of language (but not necessarily a person who knows many languages) – can make substantial contributions to a case. The linguist can provide evidence one way or the other. Or he/she can clarify the linguistic principles, problems, and processes that the case involves.

(1) Patent/copyright law.

When a Lawyer Needs a Linguist… full post

(949 words, 1 image, estimated 3:48 mins reading time)