Translation For Lawyers

Earlier we blogged about the role of foreign language translation in transnational litigation. When a foreign company is involved in U.S. litigation, regardless of whether it is against a U.S. company or not, there are several important factors to keep in mind. As an attorney representing the foreign company, of particular interest is the extent of attorney-client privilege. As both the U.S. and foreign country’s Code of Civil Procedure may apply – knowing when communications are privileged and to whom this privilege extends to is essential.

Continue reading "Document Translation, Attorney-Client Privilege and Foreign Companies in U.S. Courts " »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Document Translation , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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A non-English-speaking defendant’s inability to communicate with the court can lead to an appeal related to foreign language translation and court interpreting issues. As the majority of jurisdictions mandate that a foreign language speaker be able to use a foreign language court interpreter in order to communicate with – and understand – the court, an appeal will be based on some issue related to the lack of or adequacy of the foreign language translation.

Continue reading "Language Translation and Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court" »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Representing Foreign Clients & Non-English-Speaking Clients , Simultaneous Interpreters & Simultaneous Interpreting

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Earlier we blogged about the admissibility of the telephonic expert witness testimony by a foreign language translator/ court interpreter. One key factor in a court’s decision to allow telephonic testimony is whether or not the witness is available. Thus, in order to admit foreign language translator testimony via telephone, a party must sufficiently demonstrate that in fact the foreign language translator/ interpreter is “truly unavailable”.

Continue reading "Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence" »

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Posted In: Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Interpreters for Intellectual Property Litigation & IP Litigation Interpreters , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Representing Foreign Clients & Non-English-Speaking Clients

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Although sometimes admissible, the use of telephonic expert witness testimony given by a foreign language translator or court interpreter is highly disfavored by the courts. In general, the courts are likely to apply the same standards of admissibility of telephonic testimony by a foreign language translator/ interpreter as they would to any type of telephonic testimony.

Continue reading "Admissibility of Telephonic Expert Witness Testimony by Foreign Language Translator/ Court Interpreter" »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Multilingual Business Translations & Business Translators , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Interpreters & Professional Foreign Language Interpreting , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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Irrespective of the availability of foreign language legal document translations, various issues may come up in the context of foreign language evidence. What happens if an opposing party uses a foreign language document in an unethical manner and receives a favorable judgment because of it? Can the ruling be challenged, based on the unethical use of the document? If so, what is the standard of review?

Continue reading "Challenging Unfavorable Ruling Resulting from Unethical Use of Foreign Language Documentary Evidence" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Document Translation , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

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Sometimes during multilingual discovery an attorney will inadvertently file a privileged document. This can happen with foreign language documents, especially when the English translation is not available. When this occurs, the receiving attorney has various ethical obligations as to how to handle the filing. However, every state has very different approaches to what these ethical obligations are.

Continue reading "Language Translation and Ethical Issues of Filing Privileged Foreign Language Documents: The Receiving Attorney’s Side" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Language Translation & Interpretation- Case Law Development , Human Translation & Human Translators , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Document Translation , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

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Translations of foreign language wire interceptions play a pivotal role in criminal cases. Earlier we’ve blogged about admitting English translation/ interpretation transcript of foreign language recording… without admitting the foreign language recording, about translation of foreign language slang in the courtroom, and about qualifying a foreign language interpreter as an expert. Other interesting issues arise when translators and interpreters are asked to provide translation of wiretaps, and later testify in court on the foreign language drug slang evidence in those wire intercepts. To help your case, consider hiring professional translators, who happen to be street smart.

Continue reading "Wiretap Translation, Drug Slang Evidence Translation, and Professional Translation Services of Street Savvy Translators " »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , English Translation & English Translators , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Human Translation & Human Translators , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Official Translation & Official Translators , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , Spanish Legal Interpreters & Spanish Court Interpreting , Spanish Translation & Spanish Translators , Tape Transcription and Translation

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Bringing an appeal on the grounds of an erroneous foreign language live courtroom translation, or foreign language interpreting in court, is a difficult standard to satisfy. First, just as with any argument for appeal, the appealing party must show that the error was in fact controlling as to the final decision, and not merely a trivial error.

Continue reading "Translators & Interpreters for Attorneys & Litigation, & Standard of Review for Appealing Foreign Language Translation Errors " »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Foreign Language Translation & Interpretation- Case Law Development , Interpreters for Intellectual Property Litigation & IP Litigation Interpreters , Interpreting into Languages of Limited Diffusion & Court Interpreters , LEP Interpretation- Interpreting for Individuals with Limited English Proficiency , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Professional Interpreters & Professional Foreign Language Interpreting , Sight Translation & Court Interpreters , Simultaneous Interpreters & Simultaneous Interpreting

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Bilingual attorneys are often tempted to provide foreign language translation and even courtroom translation and interpreting services for their non-English-speaking clients. But is it prudent? The following facts apply to this case example:

Continue reading "Foreign Language Translation & Interpreting and Legal Malpractice: A Case Example" »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , Consecutive Interpreters & Consecutive Interpreting , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Norwegian Legal Interpreters & Norwegian Court Interpreting , Norwegian Translation & Norwegian Translators , Official Translation & Official Translators , Professional Interpreters & Professional Foreign Language Interpreting , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , Sight Translation & Court Interpreters , Simultaneous Interpreters & Simultaneous Interpreting

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Foreign language document translation plays an important role in international adoptions. According to many adoption laws, such as the law in the State of Virginia, a parent cannot bring a collateral action asserting extrinsic fraud in order to set aside an adoption after six months from the date the adoption has passed. However, at least one Court of Appeals has held this type of statute to be unconstitutional when applied to a foreign language speaker. And the lack of foreign language document translation was the deciding factor in that case.

Continue reading "Expert Foreign Language Document Translations Hinder Adoption Fraud" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Court Document Translation & Court Document Translators , Foreign Language Translation & Interpretation- Case Law Development , Human Translation & Human Translators , LEP Translation- Translating for Individuals with Limited English Proficiency , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Document Translation , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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The management of electronically stored information (ESI) created and/ or stored on a company’s computers presents challenges, when such data is in a foreign language. And I am not talking about the challenges related to foreign language translation of the electronically stored information during discovery, also known as foreign language e-Discovery.

Rather, I’m talking about the decision to either preserve or erase multilingual ESI on a work-owned computer, which can have significant legal consequences for both the employer and the employee, if the need to produce foreign language evidence later were to come up in litigation.

Continue reading "Foreign Language Translation & the Consequences of Preserving or Erasing Foreign Language Electronically Stored Information from a Work Computer" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Language Translation & Interpretation- Case Law Development , Human Translation & Human Translators , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Professional Translation & Professional Translators , eDiscovery Translation & Multilingual Litigation Translation

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With the highly publicized Royal Dutch Shell class action suit, the field of global class actions is once again being redefined. And with this and similar suits, multilingual foreign language live, print, and written translation becomes an essential issue to successfully litigating and negotiating these actions.

Continue reading "Legal Document Translations in Light of Royal Dutch Shell Global Class Action and Collective Settlement Agreements" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Dutch Law Translation & Dutch Law Translators , Dutch Legal Interpreters & Dutch Court Interpreting , Dutch Translation & Dutch Translators , EU Language Translation & Translation into Languages of the European Union , Foreign Language Translation & Interpretation- Case Law Development , Foreign Law Translation & World Legal Systems , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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As more companies are offering