We've blogged about foreign language interpretation of expert testimony in international family law cases and legal translation services for international child support enforcement.
Continue reading "Legal Translation and Jurisdiction in International Divorces" »
In Woodel v. State of Florida the Court continued to state that even if the Defendant proved all points, they still would not have found a constitutional violation had occurred as the U.S. Supreme Court has expressly held that states may prescribe relevant qualifications for their jurors and that English proficiency represents a legitimate state interest. This holds true regardless of whether or not there is a specific statutory requirement mandating that a juror be proficient in English in order to serve on a jury as lack of English proficiency constitutes a showing of hardship, extreme inconvenience or public necessity.
We've blogged about professional language interpreting services and legal translation in the context of national origin discrimination of foreign language speakers. According to various Equal Opportunity employment laws, it is illegal for an employer to base an employment decision on the prospective employee's citizenship, birthplace or national origin. However, other federal and immigration laws require an employer to verify citizenship. Thus, a compliance Catch-22 arises.
We've blogged about admitting translated documents accompanied by the Translator's Affidavit, based on the Texas example. .As previously discussed, Texas law requires a specific timeframe for filing the use of Mexican law in a Texas case, particularly as to the foreign language translation of the foreign law.
How did this decision happen? Another Texas Rule of Evidence must be read in conjunction with Rule 203.
We're blogged about professional translation online, what litigators and trial lawyers should expect from deposition interpreters, and what mode of interpreting (consecutive or simultaneous) deposition translators and court interpreters should manifest during a cross-cultural deposition.
Earlier we've blogged about the role of professional translation services in the global economy. As China continues to develop as a dominant international business player, it is essential for the international lawyer to understand China's antitrust review process, and the role of English-Chinese and Chinese-English legal translations in this process.
Earlier we've blogged about corporate translation services in the context of international arbitration. Although the purpose of arbitration is to allow for the amicable resolution of business disagreements, sometimes a party will be left unsatisfied with the choice of arbitrator. Both the arbitration done under the Rules of Arbitration of the International Chamber of Commerce (ICC) or via internal (ad hoc) rules allow for a challenge. When raising a challenge, specific requirements must be met:
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.
When it comes to depositions or Examinations Before Trial (EBTs) 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:
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.
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.
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.
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.
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.
February 11, 2010 Legal Translation and Jurisdiction in International Divorces We've blogged about foreign language interpretation of expert testimony in international family law cases and...
October 19, 2009 Court Interpreters, Legal Translation and Lack of English Proficiency in Jurors: The State Interest In Woodel v. State of Florida the Court continued to state that even if the...
August 24, 2009 Professional Legal Translation Online, Onsite Legal Language Interpreter Services and Compliance in Employment Recruiting We've blogged about professional language interpreting services and legal translation in the context of national...
July 23, 2009 Legal Translation, Translator's Affidavit, Translated Documents in a Texas Case, and Legal Translators for Attorneys in Denver, CO, and Elsewhere We've blogged about admitting translated documents accompanied by the Translator's Affidavit, based on the Texas...
June 23, 2009 Legal Translation Online, On-Site and Off-Site Attorney Translation Services and International Depositions We're blogged about professional translation online, what litigators and trial lawyers should expect from deposition...
April 5, 2009 Legal Translation, Professional Language Interpreters and Translators in Mediation in the International Family Law Context We've blogged about court interpreters and legal translators in the context of child custody and...
