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Posted November 2025In the practice of law one encounters Latin words and phrases with some frequency. There are some who take the position that we should not use Latin phrases, for such phrases may be a mystery for the person not versed in the law. That may be the case if one is writing or speaking with ordinary folks. However, I take the position that in the legal community the use of familiar Latin phrases succinctly communicates the thought or concept involved. The irony is that the Latin phrase often communicates a thought more clearly than does the literal English translation.
Allow me to share some of my favorite Latin words and phrases—as well as those suggested by my colleagues—that instantly and clearly communicate a thought, concept, or idea.
caveat emptor—what an appropriate phrase to share with one who buys a used car without a warranty. Rather than go into a long winded explanation as to why a buyer needs to be careful and wary in the purchase of goods or services, simply utter this useful phrase.
habeas corpus—we all know this as a “get out of jail” card, but it is not free. Normally the “corpus” is wearing a colored suit and has limited freedom of movement.
pro hac vice—or sometimes abbreviated as “pro hoc” lets you appear in a court even though you are not admitted in that jurisdiction, but you may want to associate local counsel. Better ensure you file properly and don't exceed the number of allowed appearances. This is far better than having to take another bar exam.
res ipsa loquitor—allows one to say that I don't have to say more as the point is self-evident. The church equivalent of this phrase is saying “Amen.” This is an easy way to infer negligence.
ex parte—better not talk to the judge without the other party being a part of the conversation unless you are adept at “ear wigging.”
pro bono—the type of legal service you provide for which you don't get paid (and didn't intend to be paid).
de novo—you had better write a longer brief because the appellate court will be looking at everything—law and facts.
mens rea—you can't commit a crime unless you were thinking about committing a crime.
stare decisis—an ancient legal concept used in days long ago when the decision of an earlier court controlled the outcome of a current case (unless the earlier case was “wrongly decided”).
res judicata—keeps you from having to litigate a matter that has already been decided—or, there is no need to plow that field again.
pro se—a judge's favorite type of litigant where the judge has to advise the pro se party as well as rule in the case. Pro se litigants have been greatly encouraged given the access to volumes of legal information available on the internet, and they are expert at taking copies of earlier pleadings, whiting out the names, and inserting their own. When opposing a pro se litigant the attorney will be at a disadvantage.
Let me know if you have a favorite Latin phrase that I can include in a subsequent article. (Rosenbla@mc.edu). In the meantime, sevare fidem.
