Translation For Lawyers

Earlier we've blogged about certified document translation, and finding intent in a foreign language will. We also blogged about the role of court interpreters in probate hearings.

During probate, an estate will often be challenged on either the grounds that the testator was coerced by undue influence or that he or she lacked the necessary testamentary capacity. With this challenge the probate attorney has little to work with in terms of evidence, as the testator is no longer living.

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Professional translation services play an important role in arbitration. Nearly every industrialized nation has an International Arbitration Act on their books. Although every nation's Act is unique, all are similar in purpose - to facilitate the mediation and arbitration of international commercial disputes. Further, all states who have International Arbitration Acts agree to specific formalities as part of the International Arbitration Convention.

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Foreign language barriers, which are easily overcome with the help of competent medical interpreters, can cause various problems when they are ignored in a medical setting. According to medical malpractice theory, a physician may be held liable if his inability to adequately communicate with a patient prevents him from obtaining proper informed consent. This line of legal liability stretches from the Quintero v. Encarnacion case. In this case, the patient was only able to communicate using a few Spanish words.

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When it comes to depositions involving non-English-speaking witnesses, the last thing an attorney wants is surprises - especially from their client. This is why preparing your client and all other individuals involved in the deposition is essential. Nowhere is this truer than when dealing with a foreign language speaking witness, who requires services of a deposition interpreter, in the context of a cross-cultural deposition.

When preparing for a foreign language deposition, keep these tips in mind:

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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 Court Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court" »

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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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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In the legal translation firm's White Paper "A 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 in 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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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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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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