The 3 Traps of Using Translators and Interpreters in a Legal Setting (and How to Avoid Them)

I am a translator and interpreter by background and a business owner in my current life. Running our business keeps me busy full time. But every so often, I get the chance to practice my craft and thoroughly enjoy it. It makes me happy to know that “I’ve still got it,” too!

Recently, I accepted an assignment as a court interpreter. It was for an international business case that has dragged on for some time, and this hearing was to be the final one.

The case involved technical terminology, and I knew I needed to prepare. When I received the requested background information, I was astonished when I realized I was the fourth linguist hired. And that is not counting the small army of translators involved in translating various types of documentation.

Going over the documentation and timeline of the case, it was clear that the “early hires” were inadequate and that they muddied the waters of clear communication in a legal setting. Moreover, there was contention between the parties because of the interpreters.

I know one of the interpreters. I happened to work the same assignment with him about 20 years ago, and even then, I described him as someone who never learned proper English but forgot most of his Czech. Things haven’t changed much in that department, then.

Upon looking up their information, the other two looked good on the surface, at least judging by their online presence.

So, what is the problem? Why can’t legal professionals find linguistic resources they can trust? Litigation takes time, money (lots of it), and effort, so why would you risk the outcome of your case over inadequate translation or interpreting? Yes, your case can go down the drain because of linguistic errors made. And you can bet the other party is waiting for any mistake to be made. Mistrials blamed on translators/interpreters do happen.

Since I firmly believe that every problem does have a solution, indeed, I thought I would outline how we go about avoiding falling into the various traps of language services for the legal world:

1. The Certification Trap

I know, in a field where everyone boasts advanced degrees, doctorates, and layers of additional certifications, you want to expect the same from legal translators and interpreters. The truth is, in the U.S., there is no such thing as a nationally recognized certification that linguists could attain.

Sure, there are partial ones. For example, there is the coveted Federal Court Certification. But wait, that one is only available in Spanish. Hmm, so what about the ATA, the American Translators Association? Sure, you can get certification as a translator in a handful of languages, but it is general, not legal. There are various “court certifications” available in some states, but again, only in a couple of languages. And, speaking of my home state experience (Texas), specifically, these programs frequently “grandfathered” folks in at their onset, so the waters are still polluted by those who could have never passed the exam in the first place.

The bottom line is, if you want to hire a Czech interpreter, for example, and want them to be certified, you are out of luck.

Here at Teneo, our process is to “trust but verify,” as my grandma would say. When hiring linguists for the legal setting, we ask about references and any applicable certification (and verify them). We then conduct video interviews with the candidates where we test their interpreting skills using case terminology. We also get to see what these folks look like, how they sound in English and their target languages, and how they present themselves. For high-stakes assignments, our clients can use these recorded interviews to make a selection themselves. 

2. The Continuity Trap

Translators and interpreters are not walking encyclopedias that can communicate any message between languages without preparation. A great deal of research should be used to prepare for legal assignments, yet lack of preparation is more prevalent than we would like to see.

Since you are working with a language services provider rather than individuals, our process includes creating terminological databases (think of them as digital glossaries) built from written translation that we share with the interpreters. We work as a team – and yes, it is the same team throughout your case – so that no one individual person has to re-invent the wheel.

That way, whether you are translating legal documents, transcribing audio recordings, or using an interpreter in depositions or hearings, you can be sure that each team member has received ample linguistic support and resources so they are as prepared as they can be.

3. The Ethics Trap

Resources for ethical linguists who are prepared to be crucial participants in a legal proceeding are scarce. When I became one of the first seven Czech/English interpreters certified to interpret at the European Commission in Brussels, an intensive class on ethics immediately followed the rigorous linguistic tests.

Included was something that I believe is a golden standard of our profession in general, inside or outside of the courtroom: excusing oneself from assignments that go beyond our skillset, those where we know we would wind up doing a mediocre job at best. Sadly, in the 14 years of owning a Language Services Provider (LSP) business, I can say that those who practice this are in the smallest of minorities.

Ethics is part of the curriculum we teach to our resources. To this day, we are still one of the only language services providers who has a complete training program for their linguists. We do this so we know we have done everything we could to provide you with a service that you can trust. And, of course, we do this for our own peace of mind as well.

It is absolutely possible to start a case with a translation/interpreting team and finish strong with the same folks. Continuity, consistency, and professional excellence are attributes you should not have to search for high and low. By meticulously hand-picking, testing, monitoring, and training our linguistic resources, we are giving you (and ourselves) the peace of mind you need to go out there and make great things happen.