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    Senior Member exxcéntrica's Avatar
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    Default Abogado del estado

    ¿alguien sabe cómo se dice Abogado del Estado?

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    Default Re: Abogado del estado

    Hi Exx

    Si refieres al fiscal sería State's Attorney.
    vicente

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    Default Re: Abogado del estado

    Quote Originally Posted by exxcéntrica View Post
    ¿alguien sabe cómo se dice Abogado del Estado?
    It depndends

    In the US, it could be the State Attorney General (eg. California State Attorney General) or the State Solicitor General (eg. California Solicitor General).



    Could you give us more background?

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    Senior Member exxcéntrica's Avatar
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    Default Re: Abogado del estado

    thanks for your answers

    Well, my student is thinking about taking a "civil service examination", in this case to be an attorney.

    Here in Spain, this lawyer would represent the state in case of litigation. say a private citizen litigates against the state, because he thinks a certain law is not right or whatever. (this has happened for example with Ramon Sampedro, a tetraplegic man, who litigated against the state because he wanted to die)

    I guess this would be a State Attorney then, right?

    By the way, is it with or without the 's ?



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    Default Re: Abogado del estado

    Quote Originally Posted by exxcéntrica View Post
    thanks for your answers

    Well, my student is thinking about taking a "civil service examination", in this case to be an attorney.

    Here in Spain, this lawyer would represent the state in case of litigation. say a private citizen litigates against the state, because he thinks a certain law is not right or whatever. (this has happened for example with Ramon Sampedro, a tetraplegic man, who litigated against the state because he wanted to die)

    I guess this would be a State Attorney then, right?

    By the way, is it with or without the 's ?

    Sorry... I am more confused now.

    In the US, anyone who has completed the college requirements and wants to practice law must take the bar exam in order to practice law.
    Those who pass the "bar" can practice law as attorneys (aka lawyers). Those who do not pass..... well, they try again... :-)

    Is that what your student is doing?

    Now, As part of their careers, attorneys (lawyers) may become Deputy Attorney General or eventually the Attorney General. The Attorney General's office is a political office and therefore does not require the person to be an attorney.

    Hope this helps.

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    Default Re: Abogado del estado

    Exx, where is the suit being filed? In Spain? Do you have states in Spain? If the case is in a state court in Spain it could be completely different than here in the U.S.

    In the U.S. it varies from state to state. In Texas "...the Office of the Attorney General...defends challenges to state laws and suits against both state agencies and individual employees of the State."

    The Civil Division of the State Attorney General's Office, referred to informally as the State's Attorney or State Attorney, has jurisdiction over civil litigation.

    It can get more confusing if you go into a County court. The County Attorney handles civil cases. The District Attorney handles criminal matters.
    vicente

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    Default Re: Abogado del estado

    Hmm, thanks for all the answers.

    Now, let's see, I was actually referring to Spain itself, as a state/country. No we don't have "states" here...even though we do have autonomies.

    But I am referring to a lawyer who defends Spain in a case where a person litigates against Spanish laws.

    The case I mentioned before: Sampedro took Spain to court (in Brussels, European court) because in Spanish law assisted suicide is forbidden.

    The lawyer who defended Spain is the ?? Attorney General?

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    Default Re: Abogado del estado

    Let me see if I can confuse you even more

    The reason I asked about states is because, in the U.S. we have systems for Federal, state and local.

    In a federal matter the United States Attorney's Office, Civil Division would handle a lawsuit against the government and the government would be represented by an Assistant U.S. Attorney.

    The precise formal title of the office depends on your system in Spain. It varies from country to country.

    However, to make it simple, if in Spain the person is called the abogado del estado, I'd call him/her the State's Attorney (or State Attorney) or Attorney for the State.
    Last edited by vicente; 06-06-2014 at 10:58 AM.
    vicente

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    Default Re: Abogado del estado

    Quote Originally Posted by vicente View Post
    Let me see if I can confuse you even more

    The reason I asked about states is because, in the U.S. we have systems for Federal, state and local.

    In a federal matter the United States Attorney's Office, Civil Division would handle a lawsuit against the government and the government would be represented by an Assistant U.S. Attorney.

    The precise formal title of the office depends on your system in Spain. It varies from country to country.

    However, to make it simple, if in Spain the person is called the abogado del estado, I'd call him/her the State's Attorney (or State Attorney) or Attorney for the State.
    or since there are no states in Spain, then I would use:

    Spain's Attorney General

    Now, having said that I doubt that the Attorney General would be involved in each case brought up in court. Most likely individual cases would be handled by his Deputy (or Assistant) Attorney General.

    They usually have an army of lawyers with the title of Assistant Attorney General or Deputy Attorney General.

    In the US, the Attorney General does not represent the US in front of the Supreme Court. That is the job of the US Solicitor General.
    Last edited by CaliforniaMan; 06-06-2014 at 11:16 AM.

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    Default Re: Abogado del estado

    Not to get this any more complicated than it already is but the term Attorney General applies to the highest office in federal or state government which oversees the executive branch of the legal system in their respective jurisdictions. Attorneys General do not normally engage in litigation.

    For instance, the Attorney General of the United States does not litigate matters in U.S. in trials, civil or criminal; that is the function of the United States Attorney.

    Spain obviously has a different legal system than we do so it is difficult to say what the government attorney would be called in Spain but since Exx is interested in a lawyer who " would represent the state in case of litigation", I would still translate "abogado del estado" as the State's Attorney (State Attorney).
    vicente

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