October 2011 Archives

October 31, 2011

Legal Language Services, Rule 26(c) Protective Orders and Foreign Language Evidence: The Ninth Circuit Look

We've blogged about legal translations of foreign-language evidence and the Second Circuit Court's view on this issue. On the other hand, the Ninth Circuit generally holds that subpoenas should prevail over protective orders as a matter of course, reasoning that history, law, and policy require courts to accord grand juries special solicitude. This is the route that the Department of Justice then took following the above cited decision.

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October 28, 2011

Legal Translation of Foreign Evidence, Rule 26(c) Protective Orders: The Second Circuit View

Certified translation affidavits, official documents translations and multilingual legal language services play an important role in litigation. According to Federal Rules of Civil Procedure 26(c), courts have the authority to issue protective orders limiting the disclosure of evidence that is produced during a civil discovery. Further, although it is clear that such orders can be modified for good cause, the courts are generally split on whether the order should automatically be waived in light of a grand jury subpoena. This question becomes all the more complicated when foreign evidence is involved, as one recent decision demonstrated.

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October 21, 2011

Colorado Certified Court Translators, and International Child Custody and Property Issues

We've blogged about homeland security translations, legal language services and technical translation services. Child custody, real estate and financial issues in international divorce cases can all be factors that hold up and get in the way of finalizing terms quickly. Overseas divorces that have custody and financial matters can become especially difficult for many reasons, including language barriers.

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October 20, 2011

Certified Legal Translators, Certified Legal Interpreters in Denver, Colorado, International Divorce and Jurisdiction

Looking for a Laotian legal translator or interpretor in Denver, CO? Or a Korean legal translator or interpreter? Or a Thai legal translator or interpreter? Or a Pashto legal translator or interpreter? We've blogged about legal language services in estate and trust law and in matrimonial law cases. In a divorce case where the divorcing spouses are citizens or residents of two different countries, utilizing a certified language translator or a certified language interpreter is important - especially to establishing jurisdiction.

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October 19, 2011

Legal Language Services, and Safeguarding Against Ethical Violations in International Arbitration

We've blogged about certified language translation services during arbitration in China. Professional certified foreign language translators and language interpreters are an important component in international arbitration. The integrity of the arbitrator is essential and key to ensure that ethical standards are being upheld and met. A code of ethics is in place, which sets forth guidelines and examples that hopefully ensures the integrity of both the arbitrators and the lawyers.

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October 17, 2011

Legal Language Services and Foreign Language Translator's Role in International Law

We've blogged about the importance of certified translation and interpretation services in international law. Utilizing a professional certified legal foreign language translator in international courts and in arbitration is important to ensure that the language barriers will not cause misunderstandings that could lead to ethical misconduct. Ethical issues that may arise and cause a need for foreign language interpretation while in an international litigation or arbitration setting include:

  • Conflict of Interest
  • Ineptitude
  • Dishonestly
  • Inappropriate payments and/or privileges
  • Lack of openness or truthfulness regarding case information or evidence
  • Improper communications with other parties.

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October 14, 2011

Legal Translation and Interpreting, and Dealing with Linguistically Diverse Clients

Certified translation and interpretation services and legal language services come in handy in the practice of law. Inexplicable surprises abound when attorneys first begin to deal with culturally and linguistically diverse clients and opponents.

Consider the following hypothetical. It is late on a Friday afternoon and the settlement negotiations for a complex personal injury case have just fallen through. A stressed-out trial attorney reluctantly turns to his secretary and asks her to start looking for a Taiwanese interpreter for a three-day trial set to start Monday morning. A dozen frantic phone calls later his secretary throws her arms up in distress.

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October 13, 2011

Certified Professional Court Interpreters vs. Untrained Bilinguals

We've blogged about legal language services and the differences between certified legal translators and court interpreters in multilingual courtrooms. Many attorneys have stories about overhearing an interpreter giving their client legal advice right in front of them. One attorney even recalls having an interpreter blissfully engage in personal chit-chat with a deponent right in the middle of a deposition. Such tribulations not only give all professional court interpreters a bad reputation, which behooves the untrained bilingual amateurs who pose as interpreters, but also reveal the lack of understanding by seasoned trial lawyers, litigators - and even the court - about the scope of the court interpreter's professional and ethical responsibilities.

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October 7, 2011

Certified Legal Translation and Trust Assets in International Divorce Cases

Professional certified legal language translation and legal interpretation services are required not only for translation of international prenuptial agreements but also during international divorce cases. A client with potential jurisdictional ties to multiple countries faces the legal question of determining which jurisdiction offers the best potential outcome on the treatment of trust property. This issue is becoming increasingly important as courts around the world are increasing the level of scrutiny on a divorcing spouse's trust assets, including those located in a foreign trust.

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October 6, 2011

Certified Legal Language Translation and Limitation on Foreign and Religious Law in US Courts

Certified legal translation services and multilingual court interpreting services come in handy when dealing with foreign and religious laws. As a direct result of an increasing 'fear' of the influence of international law and religious customs on the US legal system, currently numerous states have proposed legislation that would place significant limitations on this. One concern, from a practice point of view, about this type of legislation is the effect it will have on international family law, where international and religious law often plays a legitimate, fundamental and well-established role. Any legislation that limits the role of international law will disrupt this, with consequences to the families.

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