Strangers in a Strange Land | Legal Interpreters
Working with a non-English speaking client during a deposition is sometimes unavoidable. This situation can be frustrating for both the lawyer trying to build the case and the client, who is probably quite anxious and stressed and may not understand the American legal system. The lawyer must, therefore, keep calm for the both of them. Foreign languages are most often a problem in immigration-law but are possible in any case, whether criminal, probate, corporate, etc. Obviously, legal interpreters will be required but by taking an active role when working with the translator and/or interpreter you can reduce costs, improve accuracy and strengthen your case. Rushing through the process without understanding and communicating with your interpreting services provider can cause serious headaches down the line.
Documents should be sent to a translation service as soon as possible. Knowing their contents can help guide the lawyer’s course of action. If possible, tell the translation services agency what sort of things you are looking for. Most firms will provide brief summaries of the contents of documents at no cost so that you can decide what is actually relevant to the case at hand and avoid wasting time and money on unneeded translations. The more information you can provide the translator, the faster, more accurate and more useful the translation will be. Be prepared to answer any clarifying questions the translator might have. Allowing extra time for proofreading by a second translator is worth the wait as even experts miss errors in their own work. Lastly, send any additional, related texts, even if you’re not having them translated as they may be relevant to the documents you need and prove critical for understanding the context of things being translated.
Perfect for the Job | Legal Interpreters
Finding someone who suits your needs is more valuable than settling for someone local. Getting the right skillset is as important as getting the right language. The average English speaker isn’t familiar with much specialized legal terminology so one shouldn’t expect a bilingual speaker to be, either. However, legal interpreters training is increasingly common and seeking out a specialist can be beneficial over hiring a general interpreter. Calling in a paralegal or other lawyer who has some knowledge of the language is fine for engaging the client but unless they have translation training the actual deposition and documentation requires an outside language expert. Translation requires more than knowing a second language; experts also know how to clearly and professionally express ideas across cultures.
Spanish vs. Spanish vs. Spanish vs. Spanish
It’s important to remember that two speakers of the same language may come from vastly different backgrounds. This is frequently the case with Spanish speakers as the many varieties of Spanish across Latin America and Western Europe, while mutually intelligible, can vary significantly. Moreover, the cultures of these different countries can affect what words mean, potentially muddying what the client is trying to express if the interpreter is not familiar with that local turn of phrase. It is therefore critical to ensure that your legal interpreter or translator speaks the same dialect. Relying on the client’s children for interpreting is tempting but is usually quite problematic due to issues of confidentiality.
Don’t Let Your Guard Down | Legal Interpreters
The lawyer should also know what sort of questions to ask and how to guide the legal interpreter. You know what you want out of the case and should communicate your expectations and needs as clearly as possible. Talk with the interpreter about potential issues and try to identify specific problems. Some languages, such as Chinese, can be quite difficult to interpret clearly. Its grammar contains no tenses, no verb conjugations, no plurals, and no spoken differentiation between “he,” “she” and “it.” This means that an interpreter must make many fundamental assumptions about what a speaker means in order to form coherent English sentences. “Did the boss know?” can be understood by a Chinese listener as “Do your bosses know (now)?” The listener may then answer “Yes, of course,” because the legal case is ongoing and the boss obviously knows now, even though this is not what the lawyer meant. The interpreter must be more accurate provide the context of time for the listener. Being prepared against such ambiguity is critical; discussing the specificity needed before the deposition and giving the interpreter precise directions can make a big difference.
International Relations
There are also cultural issues related to questioning that should be taken into consideration. Legal interpreters will likely be too caught up in their work to explain every cultural detail so common issues should be discussed beforehand. For example, it is not uncommon for a language not to have as clear a “yes” and “no” as English and for speakers to simply restate the verb instead. “Did you live there at the time?” may be answered by “Lived.” Being aware of this can prevent frustration when insisting on a yes or no answer. In some Asian cultures looking a person in the eyes can be disrespectful and these clients may therefore avoid direct eye contact and stare at the table during the deposition. Speakers of Japanese in particular tend to be resistant to giving a straight “no” in polite situations such as a legal case. “I see what you mean” may imply “I do not agree with you at all,” and “I will try my best to do it” may signify “Do not expect that result, I probably cannot do it.” Lastly, in many cultures a lot of nodding and agreement from a listener is simply polite and does not mean that the person actually understands what is being said to them.
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