Translations for Defense Counsel; Defending Against Foreign & Non-English-Speaking Plaintiffs: November 2007 Archives

November 23, 2007

Russian Interpreter’s Poor Interpretation Causes a Halted Trial: Why Attorneys Must Learn to Differentiate Between Competent Court Interpreters and Unqualified Individuals

Attorneys love to tell stories about a long-winded verbal exchange between the non-English-speaking witness and the interpreter, or the non-English-speaking defendant and the interpreter, which always ends with the interpreter solemnly declaring "Yes", while failing to inform the English-speaking lawyers of the remaining portion of his or her communication in that foreign language.

What many lawyers don't realize, through, is that they have just met an unqualified person, who, irrespective of his/ her fluency in English and in the given foreign language, is not ready to serve as an interpreter in a legal setting.

Continue reading "Russian Interpreter’s Poor Interpretation Causes a Halted Trial: Why Attorneys Must Learn to Differentiate Between Competent Court Interpreters and Unqualified Individuals" »

November 23, 2007

Certified Translation, and Authenticating Foreign Government Documents

The Rules of Evidence require the authentication of all government documents introduced as evidence. When a foreign government document is introduced in international litigation, it is subject to the authentication requirements of Rule 901. According to Federal Rule of Evidence 901, authentication requires the presentation of evidence “sufficient to support a finding that the matter in question is what its proponent claims.”

Continue reading "Certified Translation, and Authenticating Foreign Government Documents" »

November 22, 2007

Language Interpreter Accused of Giving Legal Advice to Spanish-Speaking Defendants: What Attorneys Must Know About Court Interpreters

Today, many attorneys and even judges continue to be unaware of the professional responsibilities of the foreign language court interpreters. Without such awareness, courts will continue to rely on ad hoc interpreters, or on unqualified bilingual persons who are not familiar with the role of the court interpreter. Don’t let sub-par court interpretation by well-meaning amateur interpreters ruin your case! Learn everything you can about the role of professional court interpreters.

Continue reading "Language Interpreter Accused of Giving Legal Advice to Spanish-Speaking Defendants: What Attorneys Must Know About Court Interpreters" »

Bookmark and Share
November 16, 2007

Document Translation, NAFTA and Enforcing U.S./Mexican Judgments

Legal document translations play an increasingly important role in enforcing international contracts. NAFTA, for instance, has caused a dramatic increase in the amount of legal agreements occurring between Mexican and American parties. As a result there has also been an increase in the need for enforcing judgments across the U.S./Mexican border.

Continue reading "Document Translation, NAFTA and Enforcing U.S./Mexican Judgments" »

November 14, 2007

Foreign Language Document Translation, and Using Foreign Law as Evidence

Legal document translation services are important to litigators. During cross-cultural litigation involving legal aspects from both the United States and a foreign country, litigators and attorneys in general are often required to prove foreign points of law.

Continue reading "Foreign Language Document Translation, and Using Foreign Law as Evidence" »

November 8, 2007

Foreign Language Interpreters- Appealing Points of Law Pertaining to Appointment of a Court Interpreter

One of the most common areas for appealing a case involving foreign language interpreters is the trial court’s decision to appoint or refusal to appoint a foreign language interpreter. In general, the trial court is given wide discretion as to whether or not a foreign language interpreter is needed.

Continue reading "Foreign Language Interpreters- Appealing Points of Law Pertaining to Appointment of a Court Interpreter" »

November 7, 2007

Foreign Language Libel, and Translation and Court Interpreting: How to Plead the Case

Libel is defined as defamation that takes the form of writing. In general, in order to plead a case for libel, the pleading must show that the statement in question used defamatory language or language that adversely affects a person's reputation. Further, the writing must be about the plaintiff and must be communicated to a third person.

When the alleged defamatory writing is written and communicated in a foreign language, determining whether these elements are satisfied presents a unique challenge to the court.

326807_chinese_paper_2CHIN.jpg

Continue reading "Foreign Language Libel, and Translation and Court Interpreting: How to Plead the Case" »

November 1, 2007

Ohio Appellate Court To Rule on the Interpretation of Islamic Marriage Contract- Mahr

As linguistic and cultural diversity in the United States continues to grow, American courts will increasingly deal with cross-cultural disputes, as well as with the intersection between foreign and domestic law, and, often, with the intersection between cultural or religious customs and domestic law.

Continue reading "Ohio Appellate Court To Rule on the Interpretation of Islamic Marriage Contract- Mahr" »