A common situation goes something like this:
A foreign language interpreter is hired by one lawyer to provide foreign language translation to his or her client during pre-deposition or pre-hearing preparation. During this time, the foreign language interpreter serves as the lawyer's agent and, thus, attorney-client privilege is preserved.
Earlier we've blogged about document translation in the context of foreign regulatory evidence in products liability cases and about the role of professional translating and interpreting services in enforcing U.S. judgments in Europe. As the business world becomes more and more global, there are increasing instances of conflict of law questions. Essentially, a conflict of law arises whenever a business transaction spans two different countries.
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:
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.
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:
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.
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.
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" »
July 22, 2008 Foreign Language Interpreters in Pre-Deposition Meetings, & Deposition Interpreters in Depositions to Follow A common situation goes something like this: A foreign language interpreter is hired by one...
July 3, 2008 Foreign Language Translation for Attorneys and Law Firms, and International Conflict of Laws Earlier we've blogged about document translation in the context of foreign regulatory evidence in products...
May 27, 2008 Deposition Translators & Deposition Interpreters, and Preparing for a Foreign Language Deposition When it comes to depositions involving non-English-speaking witnesses, the last thing an attorney wants is...
March 19, 2008 Translated and Interpreted Depositions, Attorney Ethics and Bad Behavior Towards Foreign Language Speakers In the legal translation firm's White Paper "A Lawyer's Guide to Cross-Cultural Depositions" we talked...
February 5, 2008 Foreign Language Certified Translation, Foreign Language Depositions, and Multilingual Discovery Tips When dealing with a foreign party during transnational litigation, the discovery and deposition process is...
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...
