Translation For Lawyers

We've blogged about the need for professional certified legal interpreters and translators for immigration interviews and the importance of certified notarized English translations of foreign-language documents in accordance with the requirements of the U.S. Immigration (also known as USCIS- U.S. Citizenship and Immigration Services). According to a recent decision by the US 9th Circuit, a state law that automatically legitimizes everyone born out of wedlock satisfies the 'legitimation' requirement for citizenship of a foreign-born child of an unwed US citizen father. Anderson v. Holder (March 12, 2012). Specifically, the Court stated: "Citizenship is determined under the federal law that was in place at the time of the birth of the person in question".

Continue reading "Translation Services USA and Certified Notarized Translations of US Immigration Documents" »

We've blogged about the importance of professional legal translation and litigation interpreting services for drafting international arbitration documents. The 11th Circuit recently issued a decision highlighting the need for careful corporate drafting of international arbitration provisions. Jane Doe v. Princess Cruise Lines, Litd. (11th Cir. 2011) The case dealt with an employee of the cruise line who was allegedly drugged by other employees and physically injured while unconscious. When she reported the incident to officials, she was treated with indifference and the employer refused to provide proper medical treatment.

Continue reading "Legal Translation Services and the Need for Careful Drafting of International Arbitration Provisions" »

We've blogged about legal document translation and legal interpretation in the context of child relocation issues. In custody decisions, jurisdiction depends on identifying the child's home state - but what if there isn't one? This is often the issue in international custody disputes where there is always a need for multilingual legal translation services. To illustrate, we'll look at the court's analysis in the case of Grace G v. Beeno G, where the child was living overseas with a grandparent. In this case, the child's parents moved from Trinidad to the US (mother to New York, father to Florida), leaving the daughter in Trinidad with the father's mother. Years later (after a divorce with no mention of the daughter was filed), the mother seized the daughter in Florida and moved her to New York. The father filed for custody in Florida. The question - who has jurisdiction?

Continue reading "Legal Translation Services and Determining Jurisdiction when there is no 'Home'" »

Multilingual ediscovery translation services and corporate translation services are relevant for multinational companies that have operations in the US and are subject to both the US civil procedure discovery rules and the privacy laws of the European Union or other 'home base' countries. Such transnational companies are no stranger to the complications of e-discovery rules, since trying to comply with both rules can became an issue when a conflict of laws arises.

Continue reading "Certified Translation Services and Move Towards an International E-Discovery Agreement" »

The presence of a foreign language interpreter does not in general terminate attorney-client privilege. However, there are instances where the interpreter's presence could constitute waiver of this privilege. The most notable of these privilege pitfalls is when a foreign language interpreter accidentally or intentionally reveals privileged information to a third party. When then happens, it is considered a waiver of attorney-client privilege, which is forever waived with respect to any third party who later requests it during discovery.

Continue reading "Multi Language Translators and Court Interpreters, and Pitfalls in Privilege" »

We've blogged about certified legal document translations and serving a foreign defendant under Federal Rule of Civil Procedure 4(d). In the recent case New York State Thruway Authority v. Fenech a rather revolutionary change in the area of conflict of laws developed that will have significant implications on cross-border litigation. In summary, the decision overturns prior precedent against foreign service of process by mail under Article 10(a) of the Hague Service Convention. If the decision is upheld on appeal, it will essentially put process servers out of a job and render services via official diplomatic channels moot. Instead, the process will become a vastly simplified mailing process.

Continue reading " Legal Language Translation Services and International Service of Process by Mail " »

We've blogged about multilingual legal document translation services and international e-Discovery, and about certified legal translations of EU Data Protection Legislation and its impact on US companies. We also talked about multilingual document translation, recruitment interview and the employer's right to know.

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Cross-cultural and international disputes in the US courts often involve testimony by foreign witnesses who need a foreign language interpreter for the translation of questions and answers from English into a foreign language and from a foreign language into English. Although every jurisdiction has its own rules, here's a review of some basic principles to keep in mind when working with court interpreters, legal translators and deposition interpreters in Denver, Colorado, and elsewhere:

• Rules of procedure applicable in both civil and criminal actions provide that the court may appoint an interpreter of its own selection. Interpreters have generally been required where a witness does not speak English well enough to testify fully and where the criminal defendant does not speak English well enough to communicate with counsel and understand the proceedings. However, in a civil case, courts give paramount importance to the need for the jury to be able to effectively hear and understand the testimony and the need for the court reporter to make a complete and accurate record.

Continue reading "Multi Language Interpretation in Court, Legal Translator Guidelines and Court-Certified Interpreters" »

We've blogged about the role of legal translation and court interpreters in determining a foreign national's testamentary capacity and about professional translation services and the duty of care toward non-English-speakers.  Language translation and understanding of a foreign client's culture play a significant role in determining the client's competency to make important legal determinations.

The foreign client's cultural beliefs, values and background all influence how he approaches and understands legal concepts. Since certain traits may signal incapacity in one culture - yet be altogether typical and normal in another culture - a monolingual and monocultural attorney can easily misjudge cultural differences and signs of diminished competency.

Continue reading " Court Translators, Diminished Capacity and Culturally Diverse Clients " »

In "Acquiring Foreign-Born Clients: Marketing Legal Services to a Growing Niche" we talked about the importance of professional legal translation and interpreting services in helping a law firm become a foreign-language-friendly firm and, thus, attract more foreign clients and foreign-born clients.  Once your law firm has been positioned as the law firm dedicated
to serving foreign nationals, an ethical dilemma, pertaining to foreign language translations, may arise.

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Earlier we've blogged about the role of professional translation services in the global economy. As China continues to develop as a dominant international business player, it is essential for the international lawyer to understand China's antitrust review process, and the role of English-Chinese and Chinese-English legal translations in this process.

Continue reading "English-Chinese and Chinese-English Legal Document Translations, and China's Antitrust Review Process" »

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" »

As more and more people move abroad, many couples will face divorce in a foreign court. Such situations will require professional translation services. But dealing with professional language translators and court interpreters will not be as challenging as having the foreign granted divorce recognized by a U.S. court - if the marriage occurred in the United States. Typically this becomes relevant when one or both of the parties moves to the U.S. and issues regarding support or custody arise.

Continue reading "Professional Translation Services for Matrimonial and Divorce Attorneys, and Having a Foreign Granted Divorce Recognized in a U.S. Court" »

Earlier we blogged about language translation in the context of products liability claims in the presence of the English only warnings. Foreign language translation becomes even more relevant in product liability cases when the issue of foreign regulatory evidence arises in pharmaceutical lawsuits, mainly due to the international scope of pharmaceutical sales.

Continue reading "Translations for Lawyers & Litigators, and Foreign Regulatory Evidence in Products Liability Cases" »

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" »