Translation For Lawyers

Language translation issues abound in litigation and in courtroom translation.  We've blogged about the importance of translator's affidavit (also known as "affidavit of translation accuracy", or as "certified translation") in litigation, court proceedings and arbitration proceedings.  It is often the case that along with a deposition transcript, a declaration of the transcript's accuracy will be provided and admitted as evidence. When the person making the deposition is a foreign language speaker, the declaration will be written in their native tongue.  In order to submit any translation of a foreign language document as evidence, a party must lay proper foundation as to the accuracy of the foreign language translation.   

Continue reading "Foreign Language Translation Experts, Translator's Expertise and Foreign Language-Speaking Plaintiff's Declaration" »

Professional translation services play an important role for employment attorneys and their clients, who conduct business in culturally diverse workplaces.  And we are not talking only about the importance of accurate professional translations of Employee Handbooks, Employee Manuals and Employee Guides for the LEP (Limited English Proficiency) employees and their English-speaking employers, and the need for professional language interpreting and translatng services in linguistically diverse work environments..  

Continue reading "Professional Translation Services for Employer Defense Attorneys, Employer's Vicarious Liability and Foreign Language Speakers" »

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 Rule 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" »

Foreign language document translation and language interpreting play an important role in the investigation and defense of money laundering cases. Money laundering occurs when an individual or organization attempts to disguise the origin of proceeds which stem from a preceding criminal act. In other words, it is the act of transferring the proceeds made from a criminal act in order to conceal their criminal origin. In the setting of international commercial arbitration, the following elements of the offense of money laundering need to be established:

Continue reading "Legal Translation, and Asserting a Money Laundering Defense in the International Arbitration Setting" »

A very common occurrence in a hospital setting, particularly an emergency room, is the arrival of a non-English speaking patient. In such a situation the physician often struggles with trying to understand the symptoms and make a correct diagnosis. This becomes an issue when the patient can only communicate in a foreign language and no qualified foreign language interpreter is available. In the worst-case scenario, it becomes a medical malpractice problem.

Continue reading "Professional Foreign Language Interpreting Services Prevent Medical Malpractice" »

Foreign language barriers, which are easily overcome with the help of competent medical interpreters, can cause various problems when they are ignored in a medical setting. According to medical malpractice theory, a physician may be held liable if his inability to adequately communicate with a patient prevents him from obtaining proper informed consent. This line of legal liability stretches from the Quintero v. Encarnacion case. In this case, the patient was only able to communicate using a few Spanish words.

Continue reading "Medical Interpreters, Foreign Language Barriers and Informed Consent" »

According to 37 C.F.R. 1.637 (2003) Rule 647, 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 "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" »

When it comes to depositions involving non-English-speaking witnesses, the last thing an attorney wants is surprises - especially from their client. This is why preparing your client and all other individuals involved in the deposition is essential. Nowhere is this truer than when dealing with a foreign language speaking witness, who requires services of a deposition interpreter, in the context of a cross-cultural deposition.

When preparing for a foreign language deposition, keep these tips in mind:

Continue reading "Deposition Translators, Deposition Interpreters, and Preparing for a Foreign Language Deposition" »

When talking about foreign language translation and interpretation and foreign languages in the legal sense, it is natural to think in terms of the act of translating a legal document or testimony from one language to another. However, when used in the context of international law, this concept also means translating and interpreting foreign laws from one legal language to another.

Continue reading "Legal Document Translation- the Other Side of Language Translation Process" »

As more and more countries are opening up to Western trade, there is an influx of securities and related litigation matters, often requiring professional translation services. A prime example is China. As more and more of its products come to foreign shores, it is beginning to feel the pressure put on by a foreign legal system. In other words, when a Chinese product or company has connections to the U.S., it can quickly become snared in the U.S. legal system - which is an entirely different dragon to what China is used to.

Continue reading "Language Translation Services for Attorneys & Law Firms, and Securities Litigation" »

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 "Legal Document Translations for Lawyers, Attorney-Client Privilege and Foreign Companies in U.S. Courts" »

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