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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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 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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November 23, 2007

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

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.

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November 22, 2007

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

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.

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November 21, 2007

A Bilingual Attorney Serving as the Interpreter- Ethical Considerations

As more and more minorities are becoming attorneys, some bilingual attorneys may choose to also act as a foreign language interpreter for their foreign-born client. The thinking is that since their language skills are sufficient, they can save the court time and their client money by doubling up as a court interpreter. However, acting as both the attorney and the interpreter for your client raises numerous ethical questions.

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October 10, 2007

Qualifying a Foreign Language Interpreter as an Expert

A foreign language interpreter must be established as an expert before acting as an interpreter in a court proceeding. In general, the Rules of Evidence define an expert as anyone with “specialized knowledge (that) will assist the trier of fact to understand the evidence or to determine a fact in issue”.

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October 3, 2007

How Do I Know If the Plaintiff or Defendant Needs a Foreign Language Interpreter?

Contrary to popular belief, foreign language interpreters are needed even when the plaintiff, defendant or witness has enough proficiency in a second language (English) to engage in basic conversations. In the courtroom and in cross-cultural depositions, basic language proficiency is just not enough.

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July 21, 2007

Are Your Gambling with Your Law Firm’s Document Translation Needs?

Is your law firm or legal department working with a professional document translation service? Will the translated documents stand up in court? Have you made sure that your evidentiary documents are being translated professionally, or are they riddled with mistranslations and inconsistencies? Are your attorneys relying on automatic translation, or translation software, or on their own bilingual skills?

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July 13, 2007

Highly Skilled Language Interpreters in Great Demand

Today, almost one in five Americans speaks a language other than English at home. As the non-English-speaking population continues to increase, so does the need for highly skilled court interpreters.

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