Discovery Translation, Multilingual Litigation Translation, Bilingual Attorney Document Review : March 2008 Archives

March 28, 2008

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

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.

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March 25, 2008

Legal Document Translations, and Ethical Issues of Filing Privileged Foreign Language Documents: The Filing Attorney’s Side

In the absence of English translation of foreign language documents filing mistakes can happen. During multilingual e-Discovery it is conceivable that privileged foreign language documents can be made available to the receiving party. Regardless of whether it is done inadvertently or on purpose, when privileged documents are disclosed during discovery, ethical issues not only rise for the receiving party but also for the disclosing party.

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March 22, 2008

Foreign Language Insurance Document Translation, and Litigating Foreign Language Life Insurance Policies

Even if a life insurance policy is written in a foreign language, it is enforceable unless a specific ground of unenforceability is found. When litigating the enforceability of a life insurance policy, the issues are essentially controlled by the law of contracts. However, when either the policy, or a clause in the policy, is written in a foreign language the additional step of obtaining a foreign language translation is required. With a foreign language translation attached, the life insurance policy can be submitted as evidence.

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