To get an international patent filed in accordance with the PCT (Patent Cooperation Treaty) procedures, the applicant must submit a translated copy of the patent contents to the World Intellectual Property Organization (WIPO) within 18 months in one of the official languages recognized under the treaty.
Continue reading "Portuguese and Korean Recognized as Official WIPO Languages" »
The key to successfully mediating any cross-cultural dispute is to understand both the similarities and differences that exist between the represented cultures. To do this, one has to understand the ethnic and national makeup of the specific cultural group, their cultural prerogatives, and body language.
A rather recent trend in transnational business dispute resolution is the use of mediation as a method for reaching amicable solutions. However, a successful business mediation that involves representatives of different cultures, who speak different languages, creates unique challenges for all the parties involved. All too often language barriers, cultural differences and the parties' lack of understanding of each other's respective cultures, lead to a breakdown in the negotiation process.
Attorneys, representing foreign-born clients, should always look for the opportunities to reach out to their culturally diverse clients in their languages. Multilingual translations of many government publications make this task easy for immigration lawyers. The USCIS, for instance, offers Russian, Chinese, Vietnamese, Korean, Arabic, Tagalog, Portuguese, French, Haitian-Creole, and Spanish translations of "Welcome to the United States: A Guide for New Immigrants".
According to the U.S. Supreme Court, an attorney can exercise a peremptory challenge to remove a bilingual juror from the jury panel in today's multilingual America.
According to Hernandez v. New York, 500 U.S. 352 (1991), such a removal does not violate the Equal Protection Clause.
Continue reading "Court Interpreters, Foreign Language, Equal Protection and Jury Selection" »
As our society becomes increasingly multicultural, the potential for cross-cultural disputes becomes more likely. Unlike same-culture disputes, cross-cultural disputes are difficult to mediate due to the unique challenge of having to understand the needs of someone from a different culture.
Continue reading "Language Interpreters, and Mediating Cross-Cultural Disputes" »
The U.S. Constitution guarantees equal access to the judicial system. However, according to a recent study conducted by the Asian American Lawyers Association of Massachusetts, some of the leading causes of impeding Asian-Americans’ equal access are the language barriers and cultural differences that exists between East and West cultures.1
This is particularly true when your Asian-American client is going through probate.
Continue reading "How Language Factors Affect Asian-Americans in Probate Court" »
Although the Federal Rules of Evidence are silent on the topic of using translations of foreign language documents as evidence in civil or criminal cases, several states have adopted specialized rules governing this issue. Texas Rule of Evidence 1009 provides a general outline of how the Rules of Evidence apply to admitting and objecting to foreign language translations as documentary evidence.
You’ve done your part learning about the legal system of your foreign client’s home country. But don’t you wish your foreign-born client had a better understanding of our judicial system?
Professional multilingual translations of many government publications can help improve that understanding. Whether your foreign-born clients are studying for their U.S. citizenship exam, or are planning to visit Washington, D.C. as tourists, they’ll appreciate getting the information on the history and function of the U.S. Supreme Court translated into their languages.
The law holds a party bound to a contract's terms, regardless of comprehension or understanding, absent coercion, duress, fraud, inducement or some other independent ground that justifies recession.
Not being fluent in the language, in which the contract is written, or being unable to understand the language of the contract is not an independent defense to the contract's enforcement. See Merril, Lynch, Pierce, Fenner & Smith, Inc. v. Benton. 467 So.2d 311, 10 Fla. L. Weekly 225 (Fla. App. 5 Dist., 1985); Kahan Novoa v. Safra Nat. Bank of New York, 313 F.Supp.2d 1347 (S.D. Fla. 2003).
Federal Rule of Civil Procedure 4(f) states that serving process on a foreign defendant is to be made in accordance with the Hague Convention. Although the Hague Convention intended to create a uniform and fair method of serving process in foreign countries, the reality is that it is expensive, time consuming and overly burdensome. And legal document translation is arguably the only easily solvable aspect of international litigation.
September 29, 2007 Portuguese and Korean Recognized as Official WIPO Languages To get an international patent filed in accordance with the PCT (Patent Cooperation Treaty) procedures,...
September 27, 2007 Professional Translation/ Interpreting Services, and Successful Mediation and Negotiation in the Latino Community The key to successfully mediating any cross-cultural dispute is to understand both the similarities and...
September 26, 2007 Legal Translators & Interpreters for Attorneys Help With Gaining an Edge in Cross-Cultural Mediation A rather recent trend in transnational business dispute resolution is the use of mediation as...
September 23, 2007 USCIS Translations, and English-Chinese, English-Russian, English-Korean, English-Arabic, English-French, English-Haitian Creole, English-Tagalog, English-Spanish, English-Vietnamese, English-Portuguese Translations of "A Guide for New Immigrants" Attorneys, representing foreign-born clients, should always look for the opportunities to reach out to their...
September 18, 2007 Court Interpreters, Foreign Language, Equal Protection and Jury Selection According to the U.S. Supreme Court, an attorney can exercise a peremptory challenge to remove...
September 17, 2007 Language Interpreters, and Mediating Cross-Cultural Disputes As our society becomes increasingly multicultural, the potential for cross-cultural disputes becomes more likely. Unlike...
