Translation For Lawyers

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:

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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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Translations of foreign language wire interceptions play a pivotal role in criminal cases. Earlier we've blogged about admitting English translation/ interpretation transcript of foreign language recording... without admitting the foreign language recording, about translation of foreign language slang in the courtroom, and about qualifying a foreign language interpreter as an expert. Other interesting issues arise when translators and interpreters are asked to provide translation of wiretaps, and later testify in court on the foreign language drug slang evidence in those wire intercepts. To help your case, consider hiring professional translators, who happen to be street smart.

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When a company files an intent-to-use application under 15 U.S.C. 1051(b)(1) in order to register a term, the word cannot be descriptive or deceptively misdescriptive of the company's good or service. An issue can arise when the applied for word is also a foreign language word. Its English translation can play a pivotal role in the trademark application and review process.

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It is a longstanding rule of law in the United States that a will does not have to be written in English in order to be submitted to probate. According to Heupel et. al. v. Heupel et. al., “In the absence of a statute to the contrary, it is not necessary that a will be written in English or any particular language.” 174 P.2d 850 (OK 1946).

Thus, unless a statute states to the contrary, as long as the will satisfies all other jurisdictional requirements, including being written, testified to and witnessed, a foreign language will may be submitted for probate.

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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.

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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.

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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.

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Attorneys drafting cross-border premarital agreements occasionally overlook the importance of professional document translation and language interpreters. At its most fundamental level, a prenuptial agreement is nothing more than a contract and thus must conform to the basic laws of contract.

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It is well established that a foreign language recording is an admissible form of evidence. It is also well established that an English translation/ interpretation transcript of the foreign language recording may be introduced as substantive evidence in order to aid the jury in understanding the recording. However, a relatively recent development in the law is whether or not an English translation/ interpretation transcript of a foreign language recording can be admitted even when the foreign language recording is not.

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