Translation For Lawyers

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" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

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

Bookmark:

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.

Continue reading "Foreign Language Translators and Competent Representation of Non-English-Speaking Clients" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Human Translation & Human Translators , Interpreting into Languages of Limited Diffusion & Court Interpreters , LEP Interpretation- Interpreting for Individuals with Limited English Proficiency , LEP Translation- Translating for Individuals with Limited English Proficiency , Professional Interpreters & Professional Foreign Language Interpreting , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

Bookmark:

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 " »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

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

Bookmark:

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" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

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

Bookmark:

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:

Continue reading "Foreign Language Certified Translation, Foreign Language Depositions and Discovery Tips" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Deposition Interpreters & Deposition Interpreting , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Depositions & Language Translators & Interpreters , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Human Translation & Human Translators , 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 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 Interpreters & Professional Foreign Language Interpreting , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

Bookmark:

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.

Continue reading "Deposition Interpretation Services in a Foreign Deposition in U.S. Federal Cases" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Chinese Culture & Chinese Language Translators & Interpreters , Chinese Law Translation & Chinese Law Translators , Consecutive Interpreters & Consecutive Interpreting , Deposition Interpreters & Deposition Interpreting , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Depositions & Language Translators & Interpreters , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Interpreters for Intellectual Property Litigation & IP Litigation Interpreters , Interpreting into Languages of Limited Diffusion & Court Interpreters , Language & Cultural Differences in the Practice of Law , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Letters Rogatory Translation & Translations for Service of Process Abroad , Professional Interpreters & Professional Foreign Language Interpreting

Bookmark:

Remote foreign language interpretation services, i.e. services provided by a foreign language interpreter who is not on-site, and, therefore, not in the presence of the speaker, have been around for a long time. Such live, real-time foreign language interpreting services are occasionally referred to as "telephone interpreting", "telephonic interpreting", and even "video interpreting". "Remote courtroom interpretation services, on the other hand, are still novel for many jurisdictions.

Nina has recently been quoted in the ABA Journal’s article “Translation Station”, which talks about a special telephone technology that allows foreign language interpreters to work remotely and interpret court proceedings in real time.

Continue reading "Author of “Translation for Lawyers” Blog Quoted in ABA Journal’s Article on Remote Foreign Language Interpreting Services" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Foreign Depositions & Language Translators & Interpreters , Foreign Language Court Interpreters in the News , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Professional Interpreters & Professional Foreign Language Interpreting , Simultaneous Interpreters & Simultaneous Interpreting

Bookmark:

The Court Interpreter's Act states that a qualified interpreter shall be provided at "judicial proceeding instituted by the United States." The statute refers to all proceedings, whether criminal or civil, including pretrial and grand jury proceedings (as well as proceedings upon a petition for a writ of habeas corpus initiated in the name of the United States by a relator) conducted in, or pursuant to the lawful authority and jurisdiction of a United States district court. (28 U.S.C. § 1827(j)).

Continue reading "Court Interpreters in Debriefings, Proffer Sessions, and Judicial Proceedings Instituted by the United States" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Court Document Translation & Court Document Translators , Debriefing Interpreters & Debriefing Interpreting , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , LEP Interpretation- Interpreting 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 , Professional Translation & Professional Translators , Proffer Interpreters & Proffer Interpreting , Representing Foreign Clients & Non-English-Speaking Clients , Spanish Legal Interpreters & Spanish Court Interpreting

Bookmark:

Attorneys love to tell stories about a long-winded verbal exchange between the non-English-speaking witness and the interpreter, or the non-English-speaking defendant and the interpreter, which always ends with the interpreter solemnly declaring "Yes", while failing to inform the English-speaking lawyers of the remaining portion of his or her communication in that foreign language.

What many lawyers don't realize, through, is that they have just met an unqualified person, who, irrespective of his/ her fluency in English and in the given foreign language, is not ready to serve as an interpreter in a legal setting.

Continue reading "Russian Interpreter’s Poor Interpretation Causes a Halted Trial: Why Attorneys Must Learn to Differentiate Between Competent Court Interpreters and Unqualified Individuals" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post

Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Deposition Interpreters & Deposition Interpreting , Foreign Language Court Interpreters in the News , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , LEP Interpretation- Interpreting for Individuals with Limited English Proficiency , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Professional Interpreters & Professional Foreign Language Interpreting , Representing Foreign Clients & Non-English-Speaking Clients , Russian Legal Interpreters & Russian Court Interpreting , Sight Translation & Court Interpreters , Simultaneous Interpreters & Simultaneous Interpreting

Bookmark:

Today, many attorneys and even judges continue to be unaware of the professional responsibilities of the foreign language court interpreters. Without such awareness, courts will continue to rely on ad hoc interpreters, or on unqualified bilingual persons who are not familiar with the role of the court interpreter. Don’t let sub-par court interpretation by well-meaning amateur interpreters ruin your case! Learn everything you can about the role of professional court interpreters.

Continue reading "Language Interpreter Accused of Giving Legal Advice to Spanish-Speaking Defendants: What Attorneys Must Know About Court Interpreters " »

Posted by All Language Alliance, Inc. | Permalink | Email This Post | Comments (0)

Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Deposition Interpreters & Deposition Interpreting , Deposition Translation & Deposition Translators , Foreign Language Court Interpreters in the News , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , LEP Interpretation- Interpreting for Individuals with Limited English Proficiency , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Professional Interpreters & Professional Foreign Language Interpreting , Representing Foreign Clients & Non-English-Speaking Clients , Sight Translation & Court Interpreters , Simultaneous Interpreters & Simultaneous Interpreting , Spanish Legal Interpreters & Spanish Court Interpreting

Bookmark:

One of the most common areas for appealing a case involving foreign language interpreters is the trial court’s decision to appoint or refusal to appoint a foreign language interpreter. In general, the trial court is given wide discretion as to whether or not a foreign language interpreter is needed.

Continue reading "Foreign Language Interpreters- Appealing Points of Law Pertaining to Appointment of a Court Interpreter" »

Posted by All Language Alliance, Inc. | Permalink | Email This Post | Comments (0)

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 , LEP Interpretation- Interpreting for Individuals with Limited English Proficiency , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Professional Interpreters & Professional Foreign Language Interpreting , Representing Foreign Clients & Non-English-Speaking Clients , Sight Translation & Court Interpreters , Simultaneous Interpreters & Simultaneous Interpreting

Bookmark:

It is well established that a foreign language recording is an admissible form of evidence. It is also well established that an English translation/ interpretation transcript of the foreign language recording may be introduced as substantive evidence in order to aid the jury in understanding the recording. However, a relatively recent development in the law is whether or not an English translation/ interpretation transcript of a foreign language recording can be admitted even when the foreign language recording is not.

Continue reading "Admitting English Translation/ Interpretation Transcript of Foreign Language Recording without Admitting the Foreign Language Recording " »

Posted by All Language Alliance, Inc. | Permalink | Email This Post | Comments (0)

Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , English Translation & English Translators , 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 , Representing Foreign Clients & Non-English-Speaking Clients , Tape Transcription and Translation

Bookmark:

The majority of out-of-court statements made by another person are hearsay and therefore inadmissible as evidence. However, numerous exceptions to the hearsay rule exist. One of these exceptions is the Excited Utterance.

An excited utterance is an out-of-court statement relating to a startling event, made while under the stress of the excitement from the event or before the declarant has time to reflect upon the event. (F.R.E. 803(2).

Continue reading "Language Interpreting and Excited Utterances in a Foreign Language " »