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.
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.
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)).
According to Federal Regulations, informed consent must be received from all patients and subjects prior to performing medical treatment or testing. All information pertaining to informed consent must be presented in writing and in a language understandable to the individual. If the individual is a non-English speaker, all informed consent documentation must also contain a foreign language translation
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.
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.
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.
Continue reading "A Bilingual Attorney Serving as the Interpreter- Ethical Considerations" »
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.
A new report by the Equal Rights Center, which was referenced in American Observer, alleges that D.C. residents, who speak limited English, are not getting enough Amharic translations and Amharic interpreting, Chinese translations and Chinese interpreting, Korean translations and Korean interpreting, Spanish translations and Spanish interpreting, and Vietnamese translations and Vietnamese interpreting.
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”.
Continue reading "Qualifying a Foreign Language Interpreter as an Expert" »
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.
The law holds a party bound to a contract’s terms, regardless of comprehension or understanding, absent coercion, duress, fraud, inducement or some other independent ground that justifies recession.
Not being fluent in the language, in which the contract is written, or being unable to understand the language of the contract is not an independent defense to the contract’s enforcement. See Merril, Lynch, Pierce, Fenner & Smith, Inc. v. Benton. 467 So.2d 311, 10 Fla. L. Weekly 225 (Fla. App. 5 Dist., 1985); Kahan Novoa v. Safra Nat. Bank of New York, 313 F.Supp.2d 1347 (S.D. Fla. 2003).
Continue reading "Contract Translations, Cultural Savvy and Effective Client Relations" »