May 12, 2008

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

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.

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May 6, 2008

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

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”.

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May 4, 2008

Admissibility of Telephonic Expert Witness Testimony by Foreign Language Translator/ Court Interpreter

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.

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March 19, 2008

Interpreted Depositions, Attorney Ethics and Bad Behavior Towards Foreign Language Speakers

In “Lawyer’s Guide to Cross-Cultural Depositions” we talked about the importance of establishing a rapport between a deposing attorney and a non-English-speaking deponent to help overcome the deponent’s mistrust and defensiveness. However, building respect when deposing a foreign-born witness is not even a consideration during hostile depositions where the witness speaks a foreign language. In fact, some deposing attorneys have been known to act rudely towards a foreign language speaker during a deposition involving a foreign language deposition interpreter. But whether or not an attorney’s rude behavior towards a foreign language speaker during a deposition is considered unethical behavior is a question the courts continue to struggle with.

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March 13, 2008

Foreign Language Translators and Competent Representation of Non-English-Speaking Clients

Earlier we’ve blogged about the ethical challenges for bilingual attorneys who attempt to provide translation and interpretation services to their foreign-born clients. Numerous ethical questions may arise in the opposite situation as well, when an English-speaking attorney, who doesn't speak the client's language, represents a non-English-speaking client.

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March 3, 2008

Wiretap Translation, Drug Slang Evidence Translation, and Professional Translation Services of Street Savvy Translators

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.

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February 21, 2008

Foreign Language Translation & Interpreting and Legal Malpractice: A Case Example

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:

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February 20, 2008

Professional Translation Services & Gestational Surrogacy Contract

Professional translation services, which embrace legal document translation and courtroom translation, come in handy when dealing with many potential points of litigation. Take, for instance, a gestational surrogacy agreement. Issues can arise in a surrogacy arrangement when the parties do not speak the same language.

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February 9, 2008

Don't Let Your Foreign Clients Skimp on Professional Translation Services, Or Why It's Important to Translate "Comp-Store Sales" into Chinese

Clear communication across foreign language barriers is critical for success of any international
venture, and is as important, as the accurate courtroom translation. It becomes even more important during conference calls between the English-speaking investors and the Chinese-speaking managers of the company they invest in. Always advise your international clients- public and private companies- to invest in professional translation and interpreting services- to safeguard their company's reputation and brand, to promote goodwill among culturally diverse investors, and to protect their company’s bottom line.


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February 5, 2008

Foreign Language Certified Translation, Foreign Language Depositions and Discovery Tips

When dealing with a foreign party during transnational litigation, the discovery and deposition process is often more tedious than it is when dealt with domestically. When conducting multilingual foreign language discovery and cross-cultural depositions requiring professional foreign language translation and interpreting services, keep these tips in mind:

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January 30, 2008

Cross-Border Litigation Increases the Need for Professional Foreign Language Legal Translation Services

As securities-fraud lawsuits go global, the need for professional foreign language live, print, and written translation services is on the rise. Late last year the United States District Court for the District of New Jersey entered a ruling that essentially excludes all non-U.S. purchasers of Shell securities from becoming a party in a class action lawsuit for security fraud filed in the United States.

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January 23, 2008

Certified Foreign Language Translation and the Sarbanes-Oxley Act of 2002

Foreign language translation plays an important part in the internal and external investigations and in litigation under the Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act of 2002 was passed to combat incidences of white collar crime, particularly in the realm of corporate accounting. One of the main components that came out of the Sarbanes-Oxley Act was protection for whistleblowers and safe ways for them to report fraudulent actions.

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January 17, 2008

Deposition Interpretation Services in a Foreign Deposition in U.S. Federal Cases

During a U.S. federal case, an attorney will often be required to take a deposition in a foreign country. Such foreign depositions, or cross-cultural depositions, if you will, often involve non-English-speaking witnesses and require services of professional foreign language court interpreters, fluent in the deponents' languages.

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