Translation For Lawyers

The EU Law Translations and Foreign Language Interpreting/ Translation in the EU

2009-07-01T12:35:00Z

Translation-related and foreign language interpretation issues often come up in the courtrooms, as well as when conducting business in the EU. According to the EU case C-161/06 Skoma-Lux, the Court of Justice held that the obligations contained in the European Commission's legislation that was not published in the Official Journal using the language of the Member State in which enforcement is sought cannot be enforced against that State. In this particular case, a specific Article in the Act of Accession for the Czech Republic was not published in Czech. The reason for this ruling - which is applicable to both legal and natural persons in a Member State - is to allow the party to familiarize itself with the law in a language they can understand. According to the court, this is only possible with the act being translated into the language of all parties it applies to.

]]> For the attorney practicing before the EU or dealing with EU law, it is important to keep in mind the basic principle of this decision and its extent. Behind this decision is the belief that a party cannot be held to a legal requirement if that requirement is not written in their native language. Whether it be an official act, or a contract, or a business arrangement, this principle is likely to apply. For this reason, when dealing with EU clients and law, it is essential to obtain a foreign language translation of all the legal documents and papers- in the native language of all the involved parties.

To read "Multi Language Translation, Professional Language Translation, and Privacy in the EU Workplace- the International Employer's Perspective," click here. And to read "Certified Courtroom Translators and Document Interpreters, and Workplace Bullying in a Multi-Lingual Setting", click here.

Interpreted Depositions and Objecting to Foreign Language Translations in International Depositions

2009-06-28T13:03:01Z

Deposition interpreters and translators are commonly used in domestic, cross-cultural and international depositions. Objections are also common in such depositions. In the case Christman v. Ray, 42 I11. App., 111, involving parties from Switzerland and Illinois, a deposition was taken in Switzerland before a notary public, in accordance with Swiss law. All interrogatories and cross-interrogatories were given and answered to in French. At the time of the deposition, the attorney on behalf of the U.S. clients objected to the use of French, based on Section 18 of the Illinois Constitution, which states:

]]> "All laws of the State of Illinois, and all official writings, and the executive, legislative and judicial proceedings shall be conducted, preserved and published in no other than English language."

However, the court overruled the objection and the foreign language translation of the deposition was given to the jury. The court based its decision on its approval of the foreign language translation process, which sent all deposition questions to the commissioner, who translated each into French and sent to the witness, who then answered in French and returned the answer to the commissioner, who then provided a foreign language translation back to English. The objection stated that this process was, in essence, a judicial proceeding conducted in a language other than English. But, since this procedure followed Swiss law and - according to the objection it would be impossible to allow any non-English testimony in as evidence - the objection was overruled.

Contract our deposition translation and court interpreting firm to schedule a legal deposition translator/ interpreter for your deposition in Denver, Colorado, and elsewhere.

Legal Translation Online, Attorney Translation Services and International Depositions

2009-06-23T12:00:22Z

We're blogged about professional translation online, what litigators and trial lawyers should expect from deposition interpreters, and what mode of interpreting (consecutive or simultaneous) deposition translators and court interpreters should manifest during a cross-cultural deposition.

]]> When seeking to conduct a deposition either in a foreign country or with a witness residing in a foreign country, a rule of thumb is to start the process by contacting the local U.S. Consular Affairs office. The role of the Consular Office is to assist in contacting witness(es) and acting as, or retaining, a foreign language interpreter or foreign language translator and serving as a resource. Although 22 CFR 92.56 states that consular officers may act as foreign language interpreters, as a general rule, most offices do not allow officers to serve in any foreign language translating capacity. This is generally because few officers are qualified to do so. For this reason, the general role of the Consular Office is to assist one in:

Obtaining a qualified foreign language interpreter
Acting as a middle-man between attorney and witness when written depositions are used
Making arrangements for both oral and telephone depositions
Working with attorney to understand whether or not video depositions are allowed in the foreign jurisdiction and, if so, what limitations are in place.

To read our earlier legal translation blog entry "Witness Interview Interpreting, Professional Language Translation, Certified Translation, and Obtaining Foreign Evidence in Russian Litigation", click here.

Professional Translation and Determining Applicability of U.S. Employment Laws in International Setting

2009-06-17T12:01:23Z

We've blogged about the role of professional translation services in determining the scope of U.S. employment discrimination laws in international setting. When confronted with the question of whether a U.S. employment discrimination law is applicable to an international employer, one must begin the determination by looking at where the job is located, employer and employee status and international law defenses.

In general, US law will be held applicable when:

The job is located in the U.S.
The employer is a U.S. entity
The employee is authorized to work in the U.S.

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The job is located in the U.S.
The employer is not a U.S. entity, but
There is no treaty or immunity exemption

Of course, when determining this last requirement of whether or not a treaty or immunity exemption exist, one will need to secure the English language translation of all foreign laws that may apply to this exception.

A third scenario where U.S. law will be held applicable is when:

The job is located outside the U.S.
The employer is not a U.S. entity
The employee is a U.S. citizen
And no foreign laws would be violated

Again, in order to determine whether the fourth requirement is satisfied, one will require a professional language translation of applicable foreign laws.

Professional Translation Services and Scope of U.S. Employment Discrimination Laws in International Setting

2009-06-15T11:43:54Z

We've blogged about court translations, professional translation online and employment contract translations provided in languages other than English to ensure worker safety and non-discrimination of foreign workers. One of the most complex legal questions is whether or not U.S. employment discrimination law applies to international employers. Specifically, this question tends to focus on the international applicability of such laws as the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964 (as amended in 1991) and the Americans with Disabilities Act of 1990.

As a general rule, these laws do not apply to foreign corporations unless a U.S. firm controls the foreign corporation. And even then their applicability is not guaranteed. In general, these laws are only applicable so long as certain conditions are met. The required conditions can generally be summarized into four "guidelines":

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Location of the work

Employer status (including home country)

Employee status (US citizen, resident, etc.)

International law defenses

Before one can begin investigating whether or not the scope of U.S. employment discrimination laws apply in an international setting, one must first understand the nature of the job as it applies to the above-listed four categories. To do this, one will require professional translation services. For example, to understand the status of the employer and employee, along with the particularities of applicable foreign laws and international treaties, one needs to obtain a professional English language translation of all the pertinent foreign-language documents.

For additional information see: http://www.krannert.purdue.edu/centers/CIBER/publications/pdf/Campion%20Paper.pdf

What Trial Lawyers and Litigators Should Expect from a Deposition Interpreter

2009-06-10T12:05:08Z

How can lawyers sense that they've been given a chance to work with an excellent deposition interpreter? When in the deposition process do they stop wondering: "What if this deposition interpreter is just so-so"? What should our clients- attorneys-at-law and law firms that retain our legal translation firm- expect from the deposition interpreters we provide? The answer to these questions may surprise you. It lies in the unimpeded flow of the interpreted deposition.

An acquaintance of mine is a New York lawyer with over 25 years of litigation experience. During that time, he's handled over 1,000 depositions; more than 50 of those depositions have involved foreign language interpreters. The other days he said something profound: "What you are looking for is an interpreter who essentially becomes transparent during the deposition. You hardly notice the interpreter at work, and the flow of your deposition proceeds unimpeded."

]]> languages (English and the foreign language spoken by the deponent); great consecutive (sequential) interpreting skills and the ability to appear transparent during the interpreted deposition, qualified deposition interpreters should strictly abide by the ten canons of the Interpreter's Code of Professional Responsibility (the exact name of the Code and its text varies from state to state). They are: accuracy and completeness; representation of qualifications; impartiality and avoidance of conflict of interest; professional demeanor; confidentiality; restriction of public comment; scope of practice; assessing and reporting impediments to performance; duty to report ethical violations; and professional development.

To ensure a more rewarding cross-cultural deposition experience and to experience the unimpeded deposition flow, try to reserve services of a competent deposition interpreter well in advance. And avoid dealing with unqualified individuals who may pose as aspiring interpreters, or with interested persons.

To read our legal translation blog post "Why Attorneys Must Learn to Differentiate Between Competent Court Interpreters and Unqualified Individuals", click here.

What Attorneys Should Know about Different Modes of Court Interpreting to Work with Court Interpreters More Effectively

2009-06-09T18:14:28Z

Every week our deposition and legal translation firm receives requests for services of simultaneous legal interpreters or legal translators. After spending a few minutes on the phone with the law firm's representative we often discover that the law firm wants to hire a deposition interpreter. After the differences between the consecutive and the simultaneous modes of court interpreting are explained to the litigator, that attorney often changes his or her mind and decides to hire one of our deposition interpreters, who is well-versed in the consecutive mode of court interpreting.

]]> role- active or passive- the non-English-speaking witness, or deponent, or defendant, or participant will play in the given judicial or quasi-judicial setting.

If the Limited English Proficient (LEP) individual, who requires services of a legal interpreter, plays a passive role during the proceedings and is not required to speak (as is often the case during arraignments, hearings or trials), then simultaneous interpreting is called for. The court interpreter will interpret everything that is being said in the open court simultaneously for that non-English-speaking defendant. This helps preserve the defendant's due process rights.

However, when the LEP individual plays a more active role in the court proceedings and is required to speak or respond- as is the case during depositions, debriefings, EUOs, proffer meetings, cross-examinations and examinations- we recommend using consecutive method of court interpreting. Consecutive (sequential) interpretation requires the speaker to pace himself and to stop after a few sentences in order to let the interpreter interpret the speaker's statement.

Source: NAJIT POSITION PAPER: Modes of Interpreting: Simultaneous, Consecutive, & Sight Translation

For additional information on the role of legal interpreters, deposition translators and litigation translators in cross-cultural depositions, read "A Lawyer's Guide to Cross-Cultural Depositions" by clicking here. Don't hesitate to contact our legal translation company to retain an Ethiopian deposition interpreter, a Chinese deposition interpreter, a Russian deposition interpreter, a Spanish deposition interpreter, or to discuss your other foreign language translation and interpreting needs.

Multilingual Foreign Language Translations and Government Procurement

2009-06-08T12:03:42Z

Multilingual document translation and language interpreting plays an important role in international transactions. In attempt to create an effective, multilateral framework of rights and obligations with respect to laws, regulations, procedures and practices regarding government procurement, as part of its Uruguay Round of talks, the World Trade Organization created an Agreement on Government Procurement (GPA). According to the agreement:

All technical specifications shall be laid out in detail, including:

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Characteristics of the products and services being procured, such as performance, safety and dimensions, symbols, terminology, packaging, marking and labeling or process and methods for the production process.

All documentation regarding the proposal and tender of a procurement must contain all the information necessary to permit the party to submit responsive tenders, including information required to be published in the notice of intent.

In order to satisfy the informational components of the Agreement, all companies and entities should obtain a foreign language translation of the required documents. Depending on the countries involved, publishing requirements will vary and a foreign language translation will help comply with rules and regulations. More so, all technical specifications should be translated into the language of the country in which the procurement is taking place.

Professional Translation Services and International Petroleum Transactions

2009-06-05T11:30:27Z

We've blogged about oil and gas industry translations and mulitilingual technical translation services for manufacturing and industrial companies. Petroleum and gas companies are perhaps one of the world's most global sectors, with transactions spanning across many borders. However, in recent time, many oil-producing countries have also established their own, state-owned oil companies. As a result, international oil companies often find themselves negotiating transactions and agreements with the state-owned company. These transactions often pertain to the exploration and exploitation of oil resources where the state owns the resources while the company uses its technology and capital to use the resources for profit. In its most simple structure, such transactions are business partnership agreements.

]]> translation of all the terms prepared. More so, the foreign language translator should use the terminology that is easily understood by both parties and that captures the essence of the rest of the agreement.

Multilingual International Translation and International Insolvencies

2009-06-03T12:23:07Z

We've blogged about international translation of multilingual legal and financial documents for foreign representatives and foreign receivers in foreign insolvency proceedings provided by online professional translation services. Although filing for insolvency is no easy task, in light of the current economic situation the number of international insolvencies has increased to such a level that demands are now being made for the establishment of an international insolvency system. Such a system would be pragmatic, efficient, predictable and in-line with national bankruptcy policies.

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Needless to say, any international insolvency action will involve numerous parties spread across potentially numerous borders. Counsel for one business will have to carry a dialog across these borders and include clients, related businesses, attorneys, executives and various courts. Whenever an action involves parties operating in different countries, the issue of international law comes up. Although maneuvering through these levels is both a science and an art itself, this process will be better performed with the assistance of foreign language translators. And not only is a foreign language translation of what is being said on the record important, but also a foreign language translation of the various applicable laws.

Language Interpreters and Examining/ Cross-Examining a Foreign Language Speaking Witness

2009-06-01T13:00:27Z

More often than not, international disputes that make their way to the U.S. courtrooms involve live testimony by a foreign language-speaking witness. In order to effectively examine or cross-examine this witness, a foreign language translator or a foreign language interpreter is needed. However, whenever a third party- namely, a court interpreter, or a court translator,- is brought in to translate sworn testimony, specific rules of evidence apply. When dealing with a witness testimony, which will be interpreted/ translated into English by a court translator, keep these tips in mind:

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The Court always has the right to appoint a foreign language interpreter of its choosing.

The Court Interpreters Act dictates the process of securing a foreign language translator. The Act comes into play whenever the Court determines either sua sponte or on the motion of a party, that the witness's testimony is restricted due an inability to fully speak or comprehend English

A foreign language interpreter does not create an additional level of hearsay. US v. Koskerides, 877 F.2d 1129, 1134-35 (2d Cir. 1989).

Even when a foreign language interpreter is appointed, the interpreter does not need to provide interpretation of all the testimony but can be used on an as needed basis. United States v. Frank, 494 F.2d 145 (2d Cir).

At the judge's discretion, it may be permissible to examine a witness through a foreign language interpreter with leading questions.

Failure to object to the performance of an interpreter's service is a waiver of objection. US v. Guerra, 334 F.2d 138 (2d Cir).

To read our earlier court interpreting and legal translation blog entry "Instructing the Jury on Using Translated/ Interpreted Foreign Language Testimony", click here. And to read "Language Interpreting & Translation, and Excited Utterances in a Foreign Language", click here. And to read our legal translation blog entry "Legal Translation Online, Attorney Translation Services and International Depositions", click here.

Language Translation and Marketing Legal Services to Foreign Language Speakers

2009-05-28T13:55:33Z

We've blogged about serving culturally diverse clients, who require services of court interpreters and language translators. Today, the simple use of a phonebook advertisement is not enough to compete in the ever-growing legal business. Instead, attorneys and law firms must have a succinct marketing campaign in place that looks beyond the borders of their town or city. One key component to any law firm marketing campaign is a multilingual website. Typical websites will provide background information on the firm and its attorneys, areas of practice, contact information and some basic information regarding the law firm's areas of expertise.

]]> translation of its Web site content into Arabic, Farsi, Polish, Bosnian, Japanese, French, Russian, Czech, Spanish, or any other language spoken by its target audience. This does not mean creating a separate website, but simply another version containing a foreign language translation of the original website. Be sure to hire the foreign language translation service that translates into the language of the group you are targeting. This is important not only in terms of getting a correct foreign language translation of the text, but also in terms of getting advice on the cultural differences that need to be taken into consideration in the site's design.

Foreign Language Translators/ Interpreters as Expert Witnesses in Federal Courts

2009-05-26T15:09:52Z

All foreign-language documents submitted in federal court proceedings must be translated into English. If the parties can't agree before trial on the accuracy of a document translation, and the disputed portions of the translated document(s) are material to the issues in the case, the translators may end up as witnesses at trial.

Fed. R. Evid. 604 states that "(a)n interpreter is subject to the provisions of these rules relating to qualification as an expert . . . ." Even though this rule explicitly applies only to interpreters (who translate spoken language), as opposed to translators (who translate written language), no less an authority than Prof. Edward Imwinkelried says, without qualification, that translators are expert witnesses (The Taxonomy of Testimony Post-Kumho: Refocusing on the Bottomlines of Reliability and Necessity, 30 Cumb. L. Rev. 185, 211, fn. 150 (1999-2000)), and the courts generally treat them as such.

]]> qualify as experts under Fed. R. Evid. 702, counsel can use all of the standard techniques for examining and cross-examining them as are used with any other kind of expert witness. Unless the trial is a bench trial, the jury, as the finder of fact, will evaluate the translator's testimony in the same manner as it evaluates the testimony of any other expert witness.

Finally, one expert suggests that the court might consult a neutral language expert (such as a court interpreter), on the theory that such an expert will be less likely to be biased (even subconsciously) than a translator retained by a party. (Clifford S. Fishman, Recordings, Transcripts and Translations as Evidence, 81 Wash. L. Rev. 473, 512 (Aug. 2006)).

However, the author also cautions that the court shouldn't automatically accept a neutral court-appointed witness's conclusions as determinative, since the accuracy of that expert's translation is subject to the same standards as those advanced by the parties' experts.

Foreign Language Translations as a Foreclosure Avoidance Strategy for Immigrants

2009-05-25T14:55:53Z

We've blogged about the importance of mortgage contract translations for the benefit of non-English-speaking homeowners. Owning a home is one part of the American Dream. With secure jobs and attractive mortgage packages, many immigrants were able to pursue that dream. In today's tight economic situation, an immigrant facing property foreclosure can either surrender the keys and walk away from the property, or devise a strategy to avoid foreclosure. Under general circumstances, these could be any of the following: repayment plan, forbearance, loan modification, selling one's home, deed in lieu of foreclosure, Chapter 7, or Chapter 11, or Chapter 13.

]]> translation services. In California and Maryland, for example, foreign language translation of many documents is a mandatory requirement. In states where there are no specific statutes for foreign language translation, other laws may apply to protect the immigrant homeowners from national origin discrimination.

Foreign-born homeowners might discuss a foreclosure avoidance strategy with their lawyers to determine if they can avoid foreclosure by invoking certain consumer rights related to enforceable foreign language translation, or, rather, to the lack thereof.

Certified Legal Translation and International eDiscovery Translation

2009-05-21T15:40:37Z

Language translation issues are common in multilingual e-Discovery. And since e-Discovery is coming up in international legal disputes more and more often, various national and international organizations have established e-discovery protocols. For example, under the Chartered Institute of Arbitrators' protocol, parties are urged to confer early and often on all e-discovery matters to seek resolution on such issues as scope, method and costs.

]]> translations of all e-discovery transactions and references will be needed.

When it comes to e-Discovery, there is also a conflict of laws issue between the European civil law tradition and American common law system. However, according to Reino de Espana v. American Bureau of Shipping, 2006 US Dist. LEXIS 81415 (SDNY Nov. 3, 2006), regarding an oil spill near Spain where Spain initiated the lawsuit but failed internally to implement an effective litigation hold on its own email-records and all computers and records were destroyed, the U.S. court ruled the government of Spain was at fault for spoliation.