Translation For Lawyers

Earlier we blogged about the role of foreign language translation in transnational litigation. When a foreign company is involved in U.S. litigation, regardless of whether it is against a U.S. company or not, there are several important factors to keep in mind. As an attorney representing the foreign company, of particular interest is the extent of attorney-client privilege. As both the U.S. and foreign country’s Code of Civil Procedure may apply – knowing when communications are privileged and to whom this privilege extends to is essential.

Continue reading "Document Translation, Attorney-Client Privilege and Foreign Companies in U.S. Courts " »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Document Translation , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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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 Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court" »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Consecutive Interpreters & Consecutive Interpreting , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Representing Foreign Clients & Non-English-Speaking Clients , Simultaneous Interpreters & Simultaneous Interpreting

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Earlier we blogged about the admissibility of the telephonic expert witness testimony by a foreign language translator/ court interpreter. One key factor in a court’s decision to allow telephonic testimony is whether or not the witness is available. Thus, in order to admit foreign language translator testimony via telephone, a party must sufficiently demonstrate that in fact the foreign language translator/ interpreter is “truly unavailable”.

Continue reading "Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence" »

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Posted In: Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Interpreters for Intellectual Property Litigation & IP Litigation Interpreters , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Representing Foreign Clients & Non-English-Speaking Clients

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Although sometimes admissible, the use of telephonic expert witness testimony given by a foreign language translator or court interpreter is highly disfavored by the courts. In general, the courts are likely to apply the same standards of admissibility of telephonic testimony by a foreign language translator/ interpreter as they would to any type of telephonic testimony.

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Posted In: Certified Interpreters & Court-Certified Interpreters , Certified Translation, Notarized Translation & Certified Translators , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Multilingual Business Translations & Business Translators , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Interpreters & Professional Foreign Language Interpreting , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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Language translation issues often come up in the context of foreign language words in trademarks. In a case involving vodka, the TTAB clarified its definition of the Doctrine of Equivalents by refusing to register the mark Moskovskaya. The central issue was the definition of “the ordinary American purchaser” in reference to the applied for mark.

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Russian Translation & Russian Translators

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Translation issues often come up in the context of FTC hearings. As the Fair Trade Commission (FTC) handles many cases involving foreign language elements, it has developed specific rules to govern its hearing. All cases involving “foreign elements” – or matters where the complainant, respondent, investigated party, applicant or party requesting official interpretation of the law is a foreign enterprise – are governed by these guidelines.

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Document Translation , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language electronic discovery is one that may never be decided. However, one issue that is rarely thrown into the mix is how these two approaches handle translation of mixed language documents, i.e. documents written in more than one foreign language.

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Discovery Translation & Translation of Multilingual Discovery Documents , Human Translation & Human Translators , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Professional Translation & Professional Translators , eDiscovery Translation & Multilingual Litigation Translation

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Depending on the quality of the original, source text, foreign language translations may sometimes be perceived as ambiguous. According to the Law of Contracts, one method for interpreting the terms of an ambiguously written contract is to look at any terms of trade used within the document. This refers to any terminology that has a special meaning within a given trade that is the subject of the contract. However, this can become an even more complicated task when the terms of trade are in a foreign language.

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Discovery Translation & Translation of Multilingual Discovery Documents , English Translation & English Translators , Insurance Translations & Translation of Insurance Documents , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Multilingual Business Translations & Business Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Professional Translation & Professional Translators , eDiscovery Translation & Multilingual Litigation Translation

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When applying for a trademark that contains a foreign language term or word, certain issues as to the meaning of the term may arise. This may become an obstacle to successfully obtaining the trademark when the foreign language term has different meanings in different cultures.

Continue reading "Language Translations and Registering a Foreign Language Trademark" »

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Posted In: Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Document Translation , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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We’ve already blogged about foreign language translations in the context of reverse mortgage loans. But when it comes to foreign language translation in the context of real estate transactions, it helps to remember that there are two basic steps in conducting a valid real estate transaction – creating a valid deed and properly filing the deed. More so, each step may be affected when a foreign language real estate deed is involved.

Continue reading "Language Translation and Validity of Real Estate Transactions Conducted in a Foreign Language" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Document Translation , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

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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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Posted In: Certified Translation, Notarized Translation & Certified Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Language Translation & Interpretation- Case Law Development , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Document Translation , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

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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" »

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Court Document Translation & Court Document Translators , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Language Translation & Interpretation- Case Law Development , Human Translation & Human Translators , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Document Translation , Multilingual Financial Translations & Financial Translators , Multilingual Medical Translations & Medical Translators , Multilingual Pharmaceutical Translations & Pharmaceutical Translators , Multilingual Technical Translations, Engineering Translations & Technical Translators , Patent Translation, Patent Translators & Intellectual Property Translation Services , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients , eDiscovery Translation & Multilingual Litigation Translation

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In “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 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.

Continue reading "Interpreted Depositions, Attorney Ethics and Bad Behavior Towards Foreign Language Speakers" »

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Posted In: Certified Interpreters & Court-Certified Interpreters , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Deposition Interpreters & Deposition Interpreting , Discovery Translations, Discovery Translators & Discovery Interpreters , Foreign Depositions & Language Translators & Interpreters , Foreign Language Legal Interpreters & Foreign Language Legal Interpretation , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Law Practice Tips on Foreign Language Document Translation & Foreign Language Interpretation , Representing Foreign Clients & Non-English-Speaking Clients

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Foreign language translations play an important role in insurance law, as well as in domestic and in cross-border litigation. It’s not uncommon for an insured party to receive a reservation of rights letter from one’s insurer. Similarly, a limitation of liability coverage is a standard clause in insurance agreements and other business contracts. However, just because they are there and the client signed on the dotted line does not mean they are enforceable. That is especially true when the insured speaks a foreign language, and is not fluent in English.

Continue reading "Legal Document Translation, and Waiving Liability in a Foreign Language" »