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.
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.
Two important rules applicable to interpreting a prenuptial agreement are the Parol Evidence Rule and the Statute of Frauds. The Parol Evidence Rule holds that prior or contemporaneous negotiations and agreements that contradict, modify or vary the terms of the contract are inadmissible when the contract is intended to be a complete and final expression of the parties.
Although the Federal Rules of Evidence are silent on the topic of using translations of foreign language documents as evidence in civil or criminal cases, several states have adopted specialized rules governing this issue. Texas Rule of Evidence 1009 provides a general outline of how the Rules of Evidence apply to admitting and objecting to foreign language translations as documentary evidence.
As your law firm launches yet another discovery in transnational litigation, or continues its patent prosecution work, or starts dealing with foreign-language taped-recorded evidence, you may be swamped by spam emails from Latin America, or China, or India, touting cheap and fast legal translations. The pushy overseas vendors may tempt you to look at legal translations as yet another commodity- such as toner cartridges, or tires. But is it really such a good idea? Consider this:
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Is your law firm or legal department working with a professional document translation service? Will the translated documents stand up in court? Have you made sure that your evidentiary documents are being translated professionally, or are they riddled with mistranslations and inconsistencies? Are your attorneys relying on automatic translation, or translation software, or on their own bilingual skills? Or are you working with a professional patent translation service and legal document translation service?
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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...
October 27, 2007 Accurate Legal Translations Hold the Keys to Binding Cross-Border Prenuptial Agreements Attorneys drafting cross-border premarital agreements occasionally overlook the importance of professional document translation and language...
October 26, 2007 Legal Document Translation, the Parol Evidence Rule and the Statute of Frauds: What You Need to Know About Cross-Border Prenuptial Agreements Two important rules applicable to interpreting a prenuptial agreement are the Parol Evidence Rule and...
September 12, 2007 Certified Translation and Admitting Foreign Language Translations as Documentary Evidence: The Texas Example Although the Federal Rules of Evidence are silent on the topic of using translations of...
July 22, 2007 Ready to Outsource Legal Translations Offshore? Think Again! As your law firm launches yet another discovery in transnational litigation, or continues its patent...
July 21, 2007 Are Your Gambling with Your Law Firm's Document Translation Needs? Is your law firm or legal department working with a professional document translation service? Will...
