Translation For Lawyers

Language translation services come in handy in the context of unfair competition law. Unfair competition law generally exists to punish practices that involve the use of means which are considered incorrect or reprehensible. This being the case, many of the practices punished by unfair competition law have a direct impact on intellectual property rights. For example, acts of imitation that lead to confusion in advertising through the use of identical or similar distinctive signs not only raise intellectual property rights questions, but also unfair competition issues.

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When an individual is a foreign language speaker, there are many difficulties and potential injustices when a proceeding involving their interest is heard in court or administrative hearings. Although these individuals lack nothing in terms of mental capacity, their situation can often be compared to a witness with a diminished mental capacity. The reasoning being that due of their inability to comprehend the English language they are incapable of making informed decisions or offering informed opinions and statements.

Continue reading "On-Site Legal Translators, Legal Interpreters Online, Foreign Language-Speaking Witnesses, Mental Capacity and Admissibility" »

Traditionally, small town lawyers dealt with regular clients - individuals whose families have been a part of the town for generations. Everyone spoke the same language- English. If an attorney did come across a non-native English speaker, he or she would typically contact the foreign language teacher in the local school to provide a foreign language translation. However, things have changed. Many rural towns are experiencing rapid immigration, which, of course, means the typical client no longer exists.

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We've blogged about serving culturally diverse clients, who require services of court interpreters and language translators.  Today, the simple use of a phonebook advertisement is not enough to compete in the ever-growing legal business. Instead, attorneys and law firms must have a succinct marketing campaign in place that looks beyond the borders of their town or city. One key component to any law firm marketing campaign is a multilingual website. Typical websites will provide background information on the firm and its attorneys, areas of practice, contact information and some basic information regarding the law firm's areas of expertise.

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Multilingual legal translation services rendered by legal translation professionals play an important role in contract law.  SB 146 and AB 309, also known as expanded foreign language contract laws, were signed into law in 2003.  Businesses in California are required to translate every term and condition of the contract, if the negotiation or agreement was done primarily in any one of these languages: Spanish (SB 146), Chinese, Tagalog, Vietnamese and Korean (AB 309). Jointly, these would apply only to specified consumer contracts, such as:  car sales and leases; retail installments, certain secured and unsecured loans for personal, family or household purposes, rental agreements and legal service fee agreements.

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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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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.

Continue reading "Foreign Language Translators & Interpreters, and Competent Representation of Non-English-Speaking Clients" »

Bringing an appeal on the grounds of an erroneous foreign language live courtroom translation, or foreign language interpreting in court, is a difficult standard to satisfy. First, just as with any argument for appeal, the appealing party must show that the error was in fact controlling as to the final decision, and not merely a trivial error.

Continue reading "Translators & Interpreters for Attorneys & Litigation, & Standard of Review for Appealing Foreign Language Translation Errors" »

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" »

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.

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Bankruptcy proceedings are difficult for any individual and any business. They can be even more burdensome for non-English-speaking debtors due to the language and cultural barriers. The Department of Justice helps the non-English speakers by providing Vietnamese translation, Hmong translation, Tagalog translation, Korean translation, Chinese translation, French translation, Arabic translation, and Spanish translation of Bankruptcy Information Sheet on its Web site.

Continue reading "Translations of Bankruptcy Information Sheet, and Court Interpreters for 341 Meetings" »

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.

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A rather recent trend in transnational business dispute resolution is the use of mediation as a method for reaching amicable solutions. However, a successful business mediation that involves representatives of different cultures, who speak different languages, creates unique challenges for all the parties involved. All too often language barriers, cultural differences and the parties' lack of understanding of each other's respective cultures, lead to a breakdown in the negotiation process.

Continue reading "Legal Translators & Interpreters for Attorneys Help With Gaining an Edge in Cross-Cultural Mediation" »

The U.S. Constitution guarantees equal access to the judicial system. However, according to a recent study conducted by the Asian American Lawyers Association of Massachusetts, some of the leading causes of impeding Asian-Americans’ equal access are the language barriers and cultural differences that exists between East and West cultures.¹

This is particularly true when your Asian-American client is going through probate.

Continue reading "How Language Factors Affect Asian-Americans in Probate Court" »