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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Like many professional specialties – including the law, computer science and medicine – the field of accounting has many terms that are particular to the accounting profession. Although people within the accounting field understand these trade terms, these terms often do not translate easily outside the profession. This is particularly true when accounting documents need to be translated into a foreign language for transnational and cross-border accounting litigation.

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Posted In: Certified Translation, Notarized Translation & Certified Translators , Discovery Translation & Translation of Multilingual Discovery Documents , Discovery Translations, Discovery Translators & Discovery Interpreters , Language Translation & Interpreting for International Litigation & Multilingual Litigation , Legal Document Translation, Legal Document Translators, & Certified Translation of Legal Documents , Multilingual Business Translations & Business Translators , Multilingual Financial Translations & Financial Translators , Professional Translation & Professional Translators

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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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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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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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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 , Human Translation & Human Translators , Language Translation & Interpreting for International Litigation & Multilingual Litigation , 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 , eDiscovery Translation & Multilingual Litigation Translation

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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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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 , Insurance Translations & Translation of Insurance Documents , Language Translation & Interpreting for International Litigation & Multilingual Litigation , 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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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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Posted In: Certified Translation, Notarized Translation & Certified Translators , Contract Translation & Translating Contracts , Defending Against Foreign Plaintiffs & Non-English-Speaking Plaintiffs , Human Translation & Human Translators , Insurance Translations & Translation of Insurance Documents , 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 , Professional Translation & Professional Translators , Representing Foreign Clients & Non-English-Speaking Clients

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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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