Translation For Lawyers

Deposition interpreters and deposition translators are commonly used in domestic, cross-cultural and international depositions. Objections are also common in such depositions. In the case Christman v. Ray, 42 I11. App., 111, involving parties from Switzerland and Illinois, a deposition was taken in Switzerland before a notary public, in accordance with Swiss law. All interrogatories and cross-interrogatories were given and answered to in French. At the time of the deposition, the attorney on behalf of the U.S. clients objected to the use of French, based on Section 18 of the Illinois Constitution, which states:

Continue reading "Interpreted Depositions, On-Site Legal Interpreters, and Objecting to Foreign Language Translations in International Witness Depositions" »

How can lawyers sense that they've been given a chance to work with an excellent deposition interpreter?  When in the deposition process do the deposing attorneys stop wondering: "What if this deposition interpreter, or this on-site legal translator is just so-so"?  What should our clients- attorneys-at-law and law firms that retain our legal translation firm- expect from the deposition interpreters we provide?  The answer to these questions may surprise you.  It lies in the unimpeded flow of the interpreted deposition.

An acquaintance of mine is a New York lawyer with over 25 years of litigation experience. During that time, he's handled over 1,000 depositions; more than 50 of those depositions have involved foreign language interpreters. The other days he said something profound: "What you are looking for is an interpreter who essentially becomes transparent during the deposition. You hardly notice the interpreter at work, and the flow of your deposition proceeds unimpeded."

Continue reading "What Trial Lawyers and Litigators Should Expect from a Deposition Interpreter and from On-Site Legal Translators" »

A common situation goes something like this:

A foreign language deposition interpreter or a deposition translator 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.

Continue reading "Foreign Language Deposition Interpreters in Pre-Deposition Meetings, & Deposition Interpreters in Depositions to Follow in Denver, Colorado, and Elsewhere" »

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.

Continue reading "Foreign Language Translation for Attorneys and Law Firms, and International Conflict of Laws" »

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:

Continue reading "Deposition Translators, Deposition Interpreters, and Preparing for a Foreign Language Deposition" »

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.

Continue reading "Translated and Interpreted Depositions, Attorney Ethics and Bad Behavior Towards Foreign Language Speakers" »

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:

Continue reading "Foreign Language Certified Translation, Foreign Language Depositions, and Multilingual Discovery Tips" »

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.

Continue reading "Cross-Border Litigation Increases the Need for Professional Foreign Language Legal Translation Services" »

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.

Continue reading "Witness Interview Translators, Deposition Interpretation & Translation Services in a Foreign Deposition in U.S. Federal Cases" »

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.

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

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.

Continue reading "Language Interpreter Accused of Giving Legal Advice to Spanish-Speaking Defendants: What Attorneys Must Know About 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" »

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 "Translation/ Interpretation Experts, and 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.

Continue reading "How Do I Know If the Plaintiff or Defendant Needs a Foreign Language Interpreter?" »

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? Or are you working with a professional patent translation service and legal document translation service?

Continue reading "Are You Gambling with Your Law Firm's Document Translation Needs?" »