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.

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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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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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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.

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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.

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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.

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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 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.

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

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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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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.

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Language barriers often create confusion in the minds of non-English-speaking consumers. Professional translation services ensure effective communication across language and cultural barriers. Take document translation in the context of the Federal Deposit Insurance Corporation, or FDIC, for instance. It was enacted, in part, to provide protection to consumers in such areas as electronic fund transfers (See Part 205).

According to FDIC regulations, various corporations are required to disclose specified information to consumers. For example, the purpose of the Electronic Fund Transfer Act is to protect individual consumers engaging in electronic fund transfers (Sec. 205.1). When it comes to required disclosures, the FDIC requires all disclosures to be “clear and readily understandable, in writing, and in a form the consumer may keep”. This requirement seems straightforward until the issue of foreign language becomes involved.

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Earlier we blogged about how legal document translations protect foreign language-speaking Californians. Similarly to California Code section 1632, California has also adopted an analogous law to protect foreign language speakers from fraudulent lending schemes occurring in the mortgage industry. According to SB 1609, the general requirements for foreign language translations of contractual agreements found in Code section 1632 also apply to reverse mortgage transactions. Thus, according to the terms of 1609, a foreign language translation of the reverse mortgage contract must be provided in the language, in which the reverse mortgage is primarily negotiated.

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Professional translation services, which embrace legal document translation and courtroom translation, come in handy when dealing with many potential points of litigation. Take, for instance, a gestational surrogacy agreement. Issues can arise in a surrogacy arrangement when the parties do not speak the same language.

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Legal document translations protect non-English-speaking consumers from entering into business transactions they don’t understand. The Consumer Protection for New Californians Bill of 2004, for example, was designed to protect foreign language speakers from being tricked into signing contracts and other legally binding agreements that they cannot understand, or that are not accompanied by a foreign language translation. Specifically, the bill required certain businesses to provide translation of contracts into the four major Asian languages: Chinese, Korean, Tagalog, and Vietnamese.

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Foreign language document translation plays an important role in international adoptions. According to many adoption laws, such as the law in the State of Virginia, a parent cannot bring a collateral action asserting extrinsic fraud in order to set aside an adoption after six months from the date the adoption has passed. However, at least one Court of Appeals has held this type of statute to be unconstitutional when applied to a foreign language speaker. And the lack of foreign language document translation was the deciding factor in that case.

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