Conducting quality legal research is a complex, time consuming and often frustrating task. When your legal research involves foreign language statutes and case law, the task becomes even more challenging. However, as more and more commercial contracts, settlements and litigation involve foreign nations, transnational legal research has become a vital part of any legal practice.
According to Federal Regulations, informed consent must be received from all patients and subjects prior to performing medical treatment or testing. All information pertaining to informed consent must be presented in writing and in a language understandable to the individual. If the individual is a non-English speaker, all informed consent documentation must also contain a foreign language translation
Attorneys love to tell stories about a long-winded verbal exchange between the non-English-speaking witness and the interpreter, or the non-English-speaking defendant and the interpreter, which always ends with the interpreter solemnly declaring "Yes", while failing to inform the English-speaking lawyers of the remaining portion of his or her communication in that foreign language.
What many lawyers don't realize, through, is that they have just met an unqualified person, who, irrespective of his/ her fluency in English and in the given foreign language, is not ready to serve as an interpreter in a legal setting.
The Rules of Evidence require the authentication of all government documents introduced as evidence. When a foreign government document is introduced in international litigation, it is subject to the authentication requirements of Rule 901. According to Federal Rule of Evidence 901, authentication requires the presentation of evidence “sufficient to support a finding that the matter in question is what its proponent claims.”
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Today, many attorneys and even judges continue to be unaware of the professional responsibilities of the foreign language court interpreters. Without such awareness, courts will continue to rely on ad hoc interpreters, or on unqualified bilingual persons who are not familiar with the role of the court interpreter. Don’t let sub-par court interpretation by well-meaning amateur interpreters ruin your case! Learn everything you can about the role of professional court interpreters.
As more and more minorities are becoming attorneys, some bilingual attorneys may choose to also act as a foreign language interpreter for their foreign-born client. The thinking is that since their language skills are sufficient, they can save the court time and their client money by doubling up as a court interpreter. However, acting as both the attorney and the interpreter for your client raises numerous ethical questions.
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Legal document translations play an increasingly important role in enforcing international contracts. NAFTA, for instance, has caused a dramatic increase in the amount of legal agreements occurring between Mexican and American parties. As a result there has also been an increase in the need for enforcing judgments across the U.S./Mexican border.
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Legal document translation services are important to litigators. During cross-cultural litigation involving legal aspects from both the United States and a foreign country, litigators and attorneys in general are often required to prove foreign points of law.
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Bankruptcy proceedings are difficult for any individual and any business. They can be even more burdensome for non-English-speaking debtors due to the language and cultural barriers. The Department of Justice helps the non-English speakers by providing Vietnamese translation, Hmong translation, Tagalog translation, Korean translation, Chinese translation, French translation, Arabic translation, and Spanish translation of Bankruptcy Information Sheet on its Web site.
One of the most common areas for appealing a case involving foreign language interpreters is the trial court’s decision to appoint or refusal to appoint a foreign language interpreter. In general, the trial court is given wide discretion as to whether or not a foreign language interpreter is needed.
Libel is defined as defamation that takes the form of writing. In general, in order to plead a case for libel, the pleading must show that the statement in question used defamatory language or language that adversely affects a person's reputation. Further, the writing must be about the plaintiff and must be communicated to a third person.
When the alleged defamatory writing is written and communicated in a foreign language, determining whether these elements are satisfied presents a unique challenge to the court.
There are two types of statements available on U.S. Department of State's Web site, which have been translated into 17 foreign languages, and can be shown to foreign detainees.
They include: Arabic translation; Cambodian translation; Chinese translation; Creole translation; Farsi translation; French translation; German translation; Italian translation; Japanese translation; Korean translation; Laotian translation; Polish translation; Portuguese translation; Russian translation; Spanish translation; Thai translation; and Vietnamese translation.
Thanks to US Department of Justice, your foreign-born clients can find Arabic translation, Cambodian translation, Chinese translation, Farsi translation, French translation, Haitian Creole translation, Hmong translation, Hindi translation, Korean translation, Laotian translation, Punjabi translation, Russian translation, Spanish translation, Tagalog translation, Urdu translation, Vietnamese translation of “Federal Protections Against National Origin Discrimination” brochure here.
As linguistic and cultural diversity in the United States continues to grow, American courts will increasingly deal with cross-cultural disputes, as well as with the intersection between foreign and domestic law, and, often, with the intersection between cultural or religious customs and domestic law.
November 28, 2007 Professional Legal Translation Services, and a Brief Introduction to Transnational Legal Research Conducting quality legal research is a complex, time consuming and often frustrating task. When your...
November 28, 2007 Professional Translation, Professional Interpretation of Informed Consent for Non-English Speaking Individuals According to Federal Regulations, informed consent must be received from all patients and subjects prior...
November 23, 2007 Russian Interpreter’s Poor Interpretation Causes a Halted Trial: Why Attorneys Must Learn to Differentiate Between Competent Court Interpreters and Unqualified Individuals Attorneys love to tell stories about a long-winded verbal exchange between the non-English-speaking witness and...
November 23, 2007 Certified Translation, and Authenticating Foreign Government Documents The Rules of Evidence require the authentication of all government documents introduced as evidence. When...
November 22, 2007 Language Interpreter Accused of Giving Legal Advice to Spanish-Speaking Defendants: What Attorneys Must Know About Court Interpreters Today, many attorneys and even judges continue to be unaware of the professional responsibilities of...
November 21, 2007 A Bilingual Attorney Serving as the Interpreter- Ethical Considerations As more and more minorities are becoming attorneys, some bilingual attorneys may choose to also...
