Translation For Lawyers

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.

Continue reading "Language Translation and Court Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court" »

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" »

Bilingual attorneys are often tempted to provide foreign language translation and even courtroom translation and interpreting services for their non-English-speaking clients. But is it prudent? The following facts apply to this case example:

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Remote foreign language interpretation services, i.e. services provided by a foreign language interpreter who is not on-site, and, therefore, not in the presence of the speaker, have been around for a long time. Such live, real-time foreign language interpreting services are occasionally referred to as "telephone interpreting", "telephonic interpreting", and even "video interpreting". "Remote courtroom interpretation services, on the other hand, are still novel for many jurisdictions.

Nina has recently been quoted in the ABA Journal's article "Translation Station", which talks about a special telephone technology that allows foreign language interpreters to work remotely and interpret court proceedings in real time.

Continue reading "Author of "Translation for Lawyers" Legal Translation Blog Quoted in ABA Journal's Article on Remote Foreign Language Interpreting Services" »

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" »

One of the most common areas for appealing a case involving foreign language interpreters is the trial court’s decision to appoint or refusal to appoint a foreign language interpreter. In general, the trial court is given wide discretion as to whether or not a foreign language interpreter is needed.

Continue reading "Foreign Language Interpreters- Appealing Points of Law Pertaining to Appointment of a Court Interpreter" »

Often times foreign language documentary evidence will contain slang terms that lack an exact interpretation. When this situation arises, the court will begin by asking the parties to stipulate to an accurate translation. If the parties are unable to reach a stipulation, the court will require each party to submit its own version of the translated document during trial.

Continue reading "Court Interpreters & Translation of Foreign Language Slang in the Courtroom" »

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”.

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Whenever a foreign language interpreter is used in a jury trial, it is essential that the jury be instructed on the proper amount of weight to be given to the interpreted foreign-language testimonial evidence. The judge should convey this information to the jury as both pre-trial and post-trial instructions.

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