Translation For Lawyers

We've blogged about the importance of using professional court interpreters even when a non-English-speaking client is represented by a bilingual attorney. Usually when we discuss whether or not an attorney is competent to represent a client who speaks little or no English, it is from the view point of whether the non-foreign-language-speaking attorney can ethically represent the foreign speaker's case. However, there is another side to this issue: whether or not an attorney who speaks the foreign language of the client is competent to represent the case. The issue is when competency is based on foreign language capabilities as opposed to legal capabilities. All too often the foreign language-speaking client will hire the attorney who can speak their native tongue, but this does not always equal hiring the most competent lawyer.

Continue reading "Attorney Translators, Language Interpreters and Foreign Language-Speaking Clients and Attorney Competency" »

Lack of accurate translations of social security documents into foreign languages can often lead to misunderstandings and even to criminal changes. But what happens in the absence of a language barrier when a person applies for Social Security Benefits on the basis of a claim that she has breast cancer, diabetes, kidney disease and post-traumatic stress disorder and then gives the Social Security Administration medical documents related to these diseases - that she made herself - not to mention claiming she only has eight to twelve months to live?

That person ends up in jail - at least in Wisconsin. And that's exactly what a 32-year-old Wisconsin woman found out last month when she was sentenced for Social Security fraud.

Continue reading "Language Translation, Foreign Language Speakers and Social Security Fraud " »

We've blogged about professional legal translation services and the non-personal service of process in the age of Twitter. Professional translation and interpreting services continue to play an important role in transnational service of process which, in most cases, is governed by the Hague Service Convention.

Mexico joined the Convention in 1999, with entry into force occurring in 2000. According to accession protocol, Mexico designated the Directorate-General of Legal Affairs of its Ministry of Foreign Affairs as its Central Authority. This in effect designated this DG to receive and forward all request for service of both judicial and extrajudicial documents from other Hague Convention participating states. However, in doing so, Mexico rejected the alternative methods for serving documents as outlined in Articles 8 and 10.

Continue reading "Foreign Language Translation, Mexico, Translation Error and Service of Process " »

We've blogged about the EU law translations and foreign language interpreting and
translation in the EU. Any business legally established in an EU country has the right, according to the Freedom of Establishment clause of Article 43 of the EC Treaty, to open a secondary establishment in any other EU country. A secondary establishment includes an office, agency, branch or subsidiary. According to the terms of the treaty, the requirements include the business to:

Continue reading "Language Translation Services, Legal Language Translation and Opening a Branch Location in the European Union" »

Since personal service of process is often not a possibility in international litigation, the law has evolved to permit - in specific circumstances - for service to be carried out via mail, telex, facsimile and even email. But what about service through text messaging, Twitter, or Facebook? And how does this effect a foreign language speaker who cannot understand the meaning of the electronic service? Furthermore, how does this play into service between two foreign jurisdictions?

Continue reading " Legal Translation and Non-Personal Service of Process in the Age of Twitter" »

We've blogged about the role of professional translation and interpreting services  and Russian legal translations in obtaining foreign evidence in Russian litigation, and about the role of legal translation services in litigating international cases in Russia.  Many commercial disputes that find their way into Russia's courts involve matters extending beyond the country's borders. For example, in 2003 the arbitrazh courts decided 1196 cases involving at least one foreign party. As a result, the number of cases taken before the International Commercial Arbitration Court has increased.

Continue reading "Legal Certified Translation, Professional Translation Services, Legal Translators and the Role of the Foreign Court in Russian Litigation and Arbitration " »

Legal translations, certified translation services and professional translation services rendered by certified translators play an important role in obtaining and understanding evidence to be used in a foreign jurisdiction.  American courts have a long history of providing assistance to foreign courts and litigants seeking evidence located in the United States. Under this system, there are at least three methods for a Russian court or litigant to compel the production of documentary or testimonial evidence from an American witness:

Continue reading "Witness Interview Interpreting, Professional Language Translation, Certified Translation, and Obtaining Foreign Evidence in Russian Litigation" »

As time goes by, legal translators and court interpreters will play an increasing role in climate change litigation.  At its most basic, a suit for damages caused by climate change is a tort. However, unlike other injury-based torts, climate change claims raise the issue of boundaries. As the effects of climate change are global - and the often-named defendants are multi-national corporations - deciding such preliminary issues as standing and venue are uniquely challenging. More so, the evidence and proof involved in showing how the combined activities of a multinational corporation caused the specified injury not only crosses borders, but also language barriers. Thus, having foreign language translations of documents and foreign language interpretation of foreign witnesses' testimony is vital.

Continue reading "Technical Translation Services, Engineering Translators, Legal Interpreters and Translators for Climate Change Litigation" »

Earlier we've blogged about professional web translation services in the context of the European Data Privacy Laws.   During internal corporate investigations and e-Discovery it is important to advise a U.S.-based client that foreign blocking statutes do not necessarily eliminate one's compliance with U.S. discovery in accordance with the Rules of Civil Procedure. For this reason, it is advisable to consult with foreign counsel to discuss - and represent - any violation of a foreign blocking statute that may occur.  Of course, in doing this, one will require the services of legal translators and interpreters.

Continue reading "Attorney Translation & Interpretation Services, Legal Translations for Corporate Counsel and Litigation Case Managers, and International Litigation Strategies " »

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" »

Earlier we've blogged about corporate translation services in the context of international arbitration. Although the purpose of arbitration is to allow for the amicable resolution of business disagreements, sometimes a party will be left unsatisfied with the choice of arbitrator. Both the arbitration done under the Rules of Arbitration of the International Chamber of Commerce (ICC) or via internal (ad hoc) rules allow for a challenge. When raising a challenge, specific requirements must be met:

Continue reading "Language Translation & Interpreting for Corporate Litigation Attorneys, and Challenging Arbitrators under an International Arbitration Act" »

Professional translation services play an important role in arbitration. Nearly every industrialized nation has an International Arbitration Act on their books. Although every nation's Act is unique, all are similar in purpose - to facilitate the mediation and arbitration of international commercial disputes. Further, all states who have International Arbitration Acts agree to specific formalities as part of the International Arbitration Convention.

Continue reading "Corporate Translation, Legal Translation Services for Corporate Litigation Lawyers, and International Arbitration" »

With the growing economic and political strength of the European Union, more and more transatlantic business is being conducted. This leads to an increase of transatlantic business contracts. Such contracts need to be translated into the language or languages of the European country, with which the U.S. company is conducting business. And, the more international business transactions there are, the more blurred the law that governs the enforcement of contracts becomes.

Continue reading "Legal Document Translation, and Enforcing U.S. Judgments in Europe" »

When a party relies on a piece of documentary evidence written in a foreign language, they must have the document translated into English and file an affidavit attesting to the accuracy of the translation.

So what happens when both parties submit separate affidavits by two different document translators attesting to having submitted an accurate translation?

Continue reading "Certified Language Translator's Affidavit, and Professional Translation & Interpreting Services for Litigation, Court Proceedings & Arbitration Proceedings" »

As the Foreign Corrupt Practices Act (FCPA) is aimed primarily at international transactions, the issue of accurate foreign language translation becomes essential to avoiding legal trouble. According to the FCPA, it is a crime to, among other things, to bribe a foreign official.

Continue reading "Foreign Language Translation in Context of the Foreign Corrupt Practices Act" »