Court Translators, Diminished Capacity and Culturally Diverse Clients

March 18, 2009
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We've blogged about the role of legal translation and court interpreters in determining a foreign national's testamentary capacity and about professional translation services and the duty of care toward non-English-speakers.  Language translation and understanding of a foreign client's culture play a significant role in determining the client's competency to make important legal determinations.

The foreign client's cultural beliefs, values and background all influence how he approaches and understands legal concepts. Since certain traits may signal incapacity in one culture - yet be altogether typical and normal in another culture - a monolingual and monocultural attorney can easily misjudge cultural differences and signs of diminished competency.

For this reason, when dealing with a client - regardless of background - the attorney must consider the person's beliefs, values and worldview. Without such a comprehensive approach, one's legal representation will not reflect the culturally diverse client's actual desires, which, in a worse-case-scenario, could lead to malpractice.

As it is impossible for an attorney to fully understand the entire cultural background of every client that comes into his office, foreign language translators can become an important tool. Even if the client speaks English, a foreign language translator is often able to "translate" the cultural differences that exist between you and your client. For this reason, it is essential to hire a court translator or a court interpreter who shares your client's background.

For additional information on how professional language translators and legal interpreters can help attorneys successfully represent foreign clients, read "Acquiring Foreign-Born Clients: Marketing Legal Services to a Growing Niche" by clicking here.  To read "On-Site Medical Interpreting Services, Medical Interpreters and Medical Translators for Non-English-Speaking Patients and Patient Family Members in Denver, Colorado, and Elsewhere", click here.