COOLEST LATIN LEGAL PHRASES

I can remember a week of depositions about 15 years ago in the basement of Bill Vines’ law firm. It was a large medical malpractice action with five different sets of defendants and about eight lawyers sitting around the table. We had been going on for about two days deposing family members of the injured Plaintiff and were finishing up with her father, who had been under examination for about 6 hours. The poor guy was exhausted. He did not know if he was coming or going and had gotten to the point of giving clearly contradictory answers within the span of fifteen minutes of each other. It wasn’t his fault. He was tired; we all were.

What was memorable about the deposition was the fact that with every other answer he gave, the husband had to look back at his wife to confirm the information and make sure he was not speaking out of line. It was a breach of protocol, but none of us really cared. We just wanted to get through the damn deposition. I had finished my questioning and was grousing that we needed to wrap things up because Carol Anne and I were celebrating (A birthday? Anniversary? I really can’t remember, but we had dinner reservations and woe be unto me if I was the reason we had to cancel). About that time, one of the other defense attorneys (I won’t say who, but his name rhymes with Ned Kite) leaned over to me and wrote on my legal pad a single word: uxorious. In the moment, I had no idea what that meant, but I was sure it was some friendly insult.

The deposition concluded, I went home, had dinner with my wife, and then looked up the meaning of uxorious. Sure enough, it means to be excessively submissive to a wife. While I couldn’t disagree with the description, I was indignant to have been so blatantly insulted and in such a manner that I was forced to do research to understand the insult. The following day, I drafted a two-sentence letter to Ned Kite condemning him for his tactless affront to me, while at the same time acknowledging his astuteness. He called me two days later, laughing, to say that his note was referring to the witness and not to me. Lessons learned.

On that note, I present the Top Ten Coolest Latin Phrases/Words I have learned since becoming a lawyer:

10. Writ of Certiorari – This was the first legal phrase I learned in law school, from my Civil Procedure I professor, the infamous Fred LeClerq. Professor LeClerq’s South Carolina drawl was impossible to reproduce and, since that day, I struggle to correctly pronounce “certiorari.”

9. Coram Nobis - Meaning literally “before us,” I always thought a Writ of Coram Nobis sounded regal and impossibly erudite. Not so much.

8. Res Judicata - It rolls trippingly off the tongue and, for us defense counsel, it is a sneaky cool way to win a lawsuit, or at least give our adversary a headache attempting to argue around it.

7. In Pari Delicto - It simply means “in equal fault,” but for years I though it meant partially delicious. My pizza was “in pari delicto,” but I had to pick off the mushrooms.

6. Quantum Meruit – Wasn’t there a television show in the late 80s where a guy time travelled to solve crimes? Or am I just imagining that. I feel like I watched a few dozen episodes of Quantum Meruit when I should have been studying calculus.

5. In Loco Parentis - Yes, I originally thought this phrase meant “crazy parents.” In the few years that I practiced domestic relations law, I ran into quite a few in loco parentis.

4. Habeus Corpus – Possibly the first legal latin phrase we are all introduced to. Technically, I knew this one before coming to law school. I like how authoritative and strong it makes me sound: “Habeus corpus! Produce the body!!” Of course, I’ve never had occasion to actually use the phrase, but it is on my bucket list.

3. Ipso Facto – I like this one because it is an easy way of ending an argument. If someone disagrees with me, I simply exclaim “ipso facto” and usually they are so bewildered they stop talking long enough to make an escape.

2. Pro Se – Simple, elegant and I feel like when I see an opposing party acting pro se, I have at least a 50/50 chance of outlawyering them.

1. Res Ipsa Loquitur – The grand champion of legal phrases. If you want someone to know you are a lawyer, throw out a “res ipsa loquitur” or two in casual conversation. They will immediately walk away or begin seeking legal advice.

By: Sherri Alley Pinnacle Financial Partners, Inc.