Translation For Lawyers

We've blogged about legal translation services in the context of authenticating foreign government documents, and about language translation and the probative value of foreign website evidence. Typically, authenticating documents for evidence is rather straightforward. However, when the document is a screenshot of a given website or - as often is the case now - a social media site like Facebook, attorneys are running into significant challenges. This is even more the case when the screenshot is of a foreign-based website or in a foreign language.

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Foreign language translation and foreign language interpretation issues often come up in domestic and international litigation. In a case involving a forged Picasso print (David Tunick, Inc. v. Kornfeld, 813 F. Supp. 988 (US Dist. Court SD NY, 1993), the Defendants argued the amended complaint should be dismissed as the "terms and conditions" that governed the auction bar such an action in that they specify that the court of Berne, Switzerland has exclusive jurisdiction and that the Plaintiff's failed to properly "protest" the action in accordance with the terms.

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As the legal world becomes increasingly global it is becoming more and more common to see foreign language documents being entered as evidence during litigation. Foreign language documents, due to their language and nuances, raise specific challenges for today's attorneys. In fact, foreign language e-discovery has become so prevalent that, in 2006, the Federal Rules of Civil Procedure were amended to make it clear that electronic documents - including foreign language ones - were discoverable.

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We've blogged about multi-language translation and professional legal translation of foreign-language digital evidence and e-Discovery documents. There are proponents of eliminating the Plain View Doctrine from searches of computer hard drives and related digital evidence. The issue typically comes down to confusion between what constitutes a computer search and what constitutes a forensic examination. The problem is that a warrant to search digital property can easily be transformed in a general search of one's digital property because the police performing the search can easily perform a comprehensive search in order to properly execute the warrant.

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One of the first cases to address the question of which party is responsible for the costs of foreign language translations was Rosado v. Mercedes-Benz of North America, where the plaintiff requested a foreign language translation of a German brochure produced by the defendant during disclosure but published by a nonparty. According to the Rosado Court, it was held that CPLR 2101(b), which requires that papers served and filed be in the English language, does not require a party to translate foreign language documents it produces in disclosure. The Court further held that CPLR 3120, which provides for disclosure of relevant documents and things does not compel a party to "create new documents or other tangible items in order to comply with particular discovery applications."

Continue reading "Which Party Pays for Foreign Language Translations? - The Rosado Ruling" »

We've blogged about language translation and language translation experts in multilingual e-discovery.  With the increased use of computer-based instant message conversations and mobile phone text messaging, courts are now finding themselves dealing with the presenting of text and instant message evidence. Beyond issues of obtaining an actual transcript of the original text conversation from the Internet or mobile phone provider, an issue of translation also arises. As texting and instant messaging involve significant use of slang and abbreviations, presenting only a print out of the conversation may be incomprehensible to a jury. Instead, a translation of the conversation will be necessary.

Continue reading "Language Translation Professionals, Expert Translation Services, Instant Message Conversations, and the Best Evidence Rule" »

Professional translations of foreign language evidence, as well as translation of foreign-language documents and professional court interpreter services, play an important role in domestic and international litigation.  A common courtroom situation entails a lawsuit in a U.S. court involving foreign parties who face discovery requests for evidence located outside the country. The question raised in such a situation is whether or not a party has a right to make a discovery demand for evidence located in a foreign jurisdiction

Continue reading "Professional Language Translation for Corporate Counsel and Litigation Departments, and Private Rules for International Discovery" »

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.

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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:

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Like many professional specialties - including the law, computer science and medicine - the field of accounting has many terms that are particular to the accounting profession. Although people within the finance and accounting field understand these trade terms, these terms often do not translate easily outside the profession. This is particularly true when accounting documents need to be translated into a foreign language for transnational and cross-border accounting litigation.

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Irrespective of the availability of foreign language legal document translations, various issues may come up in the context of foreign language evidence. What happens if an opposing party uses a foreign language document in an unethical manner and receives a favorable judgment because of it? Can the ruling be challenged, based on the unethical use of the document? If so, what is the standard of review?

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Sometimes during multilingual discovery an attorney will inadvertently file a privileged document. This can happen with foreign language documents, especially when the English translation is not available. When this occurs, the receiving attorney has various ethical obligations as to how to handle the filing. However, every state has very different approaches to what these ethical obligations are.

Continue reading "Language Translation and Ethical Issues of Filing Privileged Foreign Language Documents: The Receiving Attorney’s Side" »

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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Clear communication across foreign language barriers is critical for success of any international
venture, and is as important, as the accurate courtroom translation. It becomes even more important during conference calls between the English-speaking investors and the Chinese-speaking managers of the company they invest in. Always advise your international clients- public and private companies- to invest in professional translation and interpreting services- to safeguard their company's reputation and brand, to promote goodwill among culturally diverse investors, and to protect their company's bottom line.

Continue reading "Don't Let Your Foreign Clients Skimp on Professional Translation Services, Or Why It's Important to Translate "Comp-Store Sales" into Chinese" »

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" »