A Case of Mistranslated Hindi

In a Canadian Superior Court, an attorney who spoke Hindi suspected that the hired Hindi interpreter could not keep the pace of simultaneous interpretation. This, despite the observation that the interpreter spoke Hindi well.

The legal case involved allegations of sexual assault. The key terms that the court later found were misinterpreted included using “physical” assault in place of “sexual” assault; and “a couple of weeks” in place of “two days.”

A US-based expert reviewed tapes of the cross-examination. The expert reported that the interpreter failed to interpret the proceedings verbatim, but instead summarized most of the proceedings. The Superior Court Justice later declared a mistrial, claiming that the interpreter’s substandard Hindi interpretation of important factual allegations of assault caused prejudice and a denial of the guaranteed standard of interpretation under the Canadian constitution.

Bilingual Ability Isn’t Enough

This story shows that being a good legal interpreter requires a lot more than just being bilingual. The Canadian interpreter was certainly bilingual but still had difficulty keeping up with the demands of simultaneous interpretation. This highlights the importance of hiring a professional legal interpreter who has the skills necessary to conduct an accurate interpretation.

Important Skills of an Interpreter

The skills of a qualified interpreter include an immediate understanding of two or more languages. But this understanding must go beyond simply being bilingual. The interpreter must have an immediate and fluid ability to simultaneously listen and interpret words and phrases without paraphrasing, and quickly enough so that the interpreter can hear the next phrase. This skill requires experience and expertise.

A qualified interpreter must also have subject area expertise. That is, he or she must know specialized vocabulary for the setting. For example, an interpreter in a courtroom setting must know courtroom terminology in both languages and must know what conduct is appropriate for a legal setting.

A qualified interpreter must also be knowledgeable about the culture of the country from which the languages originate. He or she must be familiar with cultural expressions and slang so that the speaker’s full intent and message are clearly articulated in the second language.

Interpretation Requirements Vary

Standards of interpretation vary by jurisdiction. In the United States, for example, interpretation requirements may differ depending on which state the court resides in.

Regardless of which legal jurisdiction your case will be decided in, it is important to always hire a professional interpreter. Substandard interpretation can lead to mistrials — a huge waste of resources — or worse, a trial that is prejudiced by an unqualified legal interpreter but never discovered to be so.

Here’s what happened, according to the Times Record in Fort Smith, Arkansas:

Jose Luis Mendez was originally sentenced to 60 years in prison for rape, attempted murder, aggravated residential burglary and aggravated assault. Mendez’s conviction was based in part on his own statement in Spanish that he committed the crimes with which he was charged.

Both the prosecutor’s office and the defense prepared interpretations of the interview in English, but came out with very different interpretations. During an interview, a detective asked Mendez if he grabbed his girlfriend by the neck. His response according to the prosecution’s interpretation was, “I did that.” But according to the defense’s interpretation, Mendez responded, “I didn’t do that.” This difference in interpretation obviously led to a critical misunderstanding.

The judge admitted both translations as evidence, but left it up to the jury to decide which interpreter was more credible. The interpreters testified on the stand about their qualifications. The interpreter for the defense was certified for the state of Arkansas. The interpreter for the prosecutor’s office, however, had taken the qualification exam but failed it.

Later, a higher court disagreed with the trial judge’s decision to admit both interpretations, and demanded a new trial. The higher court justice explained that the issue should not have been submitted to the jury.

The Importance of Accurate Interpreting

This real story illustrates the importance of obtaining qualified court interpreters and the very serious consequences that may result in using an unqualified court interpreter. Courtroom interpreting can be crucial to the outcome of a court case depending on the experience of the interpreter. Poor interpreting can cause prejudice in the courtroom.

Given this huge potential for bias it is of the utmost importance that words are being interpreted as accurately as possible. The case in Arkansas turned on a crucial difference in interpretation, and led to a big misunderstanding, and a big loss of time and money.

Is a Certified Interpreter Necessary?

Although there is no nationwide standard for interpreter certification, some states require that interpreters be certified in order to perform in court. For example, Arkansas has one level of certification for legal interpreters.

In the Arkansas case, it was deemed that the uncertified interpreter’s work should have been thrown out and that the only interpretation that was admissible was that of the defense since the interpreter was certified through the state certification program.

However, not all excellent interpreters are certified. Sometimes an interpreter’s experience and familiarity with legal terminology is more important than certification. There are specialized terms, roles and ethics unique to the legal setting that make it vastly different from the community setting.  Furthermore, the stakes are very high when statements are not accurately interpreted in the courtroom setting.

Either way, it is in your best interest to hire a professional interpreter since successful interpreting for court proceedings requires very specific skills and expertise.

Unfortunately, there is a lot to lose in using a family member as an interpreter.

Family members aren’t neutral.

Family members acting as interpreters for relatives can put a court case in jeopardy simply because family members are not neutral parties, no matter how you look at it. They usually have some type of interest in the case at hand, whether it be personal, emotional or monetary.

In fact, a family member’s emotional involvement can even result in a tendency to protect the client from bad news. That could mean mistranslations in the courtroom — and even worse news for your case and your client.

Family members often don’t have the appropriate vocabulary or training.

Family members are not experts in the field and may not have the legal and courtroom vocabulary to accurately act as an interpreter in a legal proceeding.

An untrained interpreter may omit, add, substitute or volunteer answers. For example, family members may summarize information for the client, inject their own opinions or observations, or impose their own judgments — all things an interpreter should never do.

Alternatively, family members who are interpreting may be embarrassed to admit they do not understand, or they may be embarrassed by the nature of the conversation. This often results in miscommunication.

Just as important, family interpreters often do not have knowledge of the ethical and professional responsibilities pertaining to judiciary interpreters established by law. This also raises confidentiality questions, as clients may wish to keep some information private from family members and friends.

Family members acting as interpreters can negatively impact a lawyer’s ability to effectively represent a client. Worse, family member interpreters may inhibit communication between your client and a judge, potentially impacting the ultimate decision in the case. What’s more, using a family member as an interpreter in a courtroom may actually be prohibited in some locations.

Why a professional court interpreter is best.

Being a good interpreter involves much more than just understanding two languages. A professional interpreter must have an immediate and genuine understanding of both languages, as well as the vocabulary and expertise specific to a courtroom setting. If an interpreter is hired for a court trial but does not know legal terminology, she may struggle to convey what is happening in the courtroom to the client.

In addition, a good interpreter knows how to behave in a court or legal counseling setting, and respects rules of etiquette and confidentiality.

Standards for Court Interpreters

Different states have different requirements for court interpreters, but most require a basic standard of proficiency for any interpreter in the courtroom setting. When a client with limited English proficiency is involved in the legal system, his or her representation should not be compromised by an untrained interpreter, especially a family member interpreter who is not neutral and may make critical mistakes in communicating among the parties.

Interpreters serve a fundamental role in providing access to justice for those with limited English proficiency and for the hearing-impaired. What’s more, using an unqualified interpreter can lead to severe consequences.

Qualifications of Legal Interpreters

Although the law is vague as to precise qualifications for interpreters in legal settings, a defendant has the right to an interpreter who is competent and able to render accurate interpretations.

In any case, a professional legal interpreter has not only language fluency, but also knowledge of legal terminology and protocol. Colloquial, obscene, crude, slang, cultured and scholarly language must all be conveyed in accordance with the speaker’s usage.

A legal interpreter must be able to understand the terms used in court proceedings, explain those terms in English and the other language, and be disinterested in the legal proceeding.

Legal Interpreting Guidelines Differ by State

In many states, legal interpreters must meet certain requirements. In fact, jurisdictions within states may even have their own rules.

Some jurisdictions require certified interpreters. Certified interpreters, however, are not always best. Certified interpreters generally cost more, and experience with specialized legal vocabulary may be a better indicator of a truly professional legal interpreter anyway. In other jurisdictions, court interpreters may be able to prove their qualifications through proof of educational training or life experience.

US states run the gamut with their legal interpreting regulations.

Washington state, for example, has heavily regulated legal interpreting requirements. There are three levels of interpreters: non-credentialed interpreters, registered interpreters and certified interpreters. Certified interpreters, the highest level of formal accreditation in Washington, must pass both written and oral interpreting exams, attend mandatory classes, pass a criminal background check and take an oath.

Vermont, on the other hand, has lightly regulated legal interpreting requirements. Vermont does not require certified interpreters for any legal proceeding.

Code of Conduct for Legal Interpreters

Many jurisdictions require court interpreters to abide by an official code of conduct that reflects the requisite skills for an interpreter, as well as guidelines for how they are expected to act, dress and communicate in court.

In general, interpreters are required to accurately interpret, maintain an impartial attitude at all times while in court, and interpret only if they are proficient in legal language and procedures.

Professional Interpreters Are a Must

Simply hiring an interpreter for a legal proceeding isn’t enough. Unqualified interpreters can lead to confusion, mistakes and mistrials.

Do what you can to avoid this from the start. A language services provider like Legal Language Services will provide you with legal interpreters who have the appropriate experience and language fluency. Please contact Legal Language to find a professional legal interpreter who meets the rules and regulations in your jurisdiction.

The six languages for which translation and interpreting must be offered include Spanish, Chinese, Italian, Russian, French and French Creole.

Immigrants Face Language Difficulties

About 2.5 million New Yorkers have a “limited ability to read, speak, write, or understand English,” according to a press release issued by the governor’s office. The new executive order will help these New Yorkers learn about and access opportunities available from state government departments. Translation and interpreting should especially make a difference in the crucial areas of health, safety and criminal justice.

A recent study (led by Make the Road New York and The New York Immigration Coalition) of New York City immigrants of limited English proficiency revealed that immigrants face obstacles in carrying out simple tasks, such as applying for food stamps. The study found that the quality of assistance a person gets often depends on what language he or she speaks. By requiring translation and interpreting, the government is helping to ensure that these immigrants don’t slip through the cracks of the system, and that they are able to obtain basic necessities.

Implementing the Executive Order

The executive order requires that New York government agencies be in full compliance within one year — including the translation of the governor’s own website.

New York government agencies that will be affected by the executive order on translation and interpreting include, among others, the Department of Health, the Division of Housing and Community Renewal, the Department of Labor, the Department of Motor Vehicles, the Office for the Prevention of Domestic Violence, the Workers’ Compensation Board, and the Department of Public Service.

Translation & Interpreting in New York City

Three years ago, New York City Mayor Michael Bloomberg signed his own executive order establishing a uniform policy and standards for translation and interpreting services for New York City agencies. Bloomberg’s order required that every city agency provide language assistance in the top six languages (outside of English) spoken by New Yorkers: Spanish, Chinese, Russian, Korean, Italian and French Creole.

The order required that city government agencies provide services that include telephonic interpreting and the translation of essential public documents.

The study conducted by Make the Road New York and the New York Immigration Coalition found that in July 2010 Bloomberg’s executive order was still a long way from becoming a reality in certain agencies. However, the study noted that some progress had been made — more than half of respondents interviewed said they had received some form of language assistance at the Medicaid and food stamp offices.

With the new statewide translation and interpreting initiative underway, more immigrants living outside of New York City will hopefully be able to obtain vital language assistance while applying for government benefits and programs.

How Telephonic Interpreting Can Assist in Taking Recorded Statements

A claims adjuster or insurance representative often needs a recorded statements from someone involved in an accident or in another situation where a claim will be filed. But this becomes difficult when the person giving the recorded statement doesn’t speak the same language as the adjuster.

One of the most common ways for insurance companies to take recorded statements is by telephone. Because recorded statements often occur without two people in a room together, telephonic interpreting is an excellent choice when you need to ask questions and understand what is being said.

Telephonic interpreting allows you to gain almost instant access to more than 5,000 interpreters around the world, speaking more than 150 languages and dialects. You don’t need any special equipment to get started, either — you can use conference call equipment, a speakerphone system or even a single phone handset passed back and forth.

The entire process is simple — call us and you’ll be given a PIN and a toll-free number to call. Dial the number, enter your PIN, and a live call coordinator will connect you to a professional interpreter in the language you need in as little as 15 seconds.

You’ll be connected to an interpreter who has experience with the terminology used in the insurance industry. These professional interpreters use their knowledge of insurance protocol and vocabulary to facilitate accurate communication in the taking of recorded statements.

When Telephonic Interpreting Is the Right Choice for Recorded Statements

Telephonic interpreting can be immensely helpful if the recorded statement was already scheduled to be taken over the phone. In fact, if the taking of the recorded statement is prescheduled, you can even call and schedule a phone appointment with an interpreter in advance.

Because of quick connection times, telephonic interpreting is also a good choice if the taking of the recorded statement is more spur-of-the-moment.

However, in many cases an on-site, in-person interpreter is a better choice if you plan to take a recorded statement. Keep in mind that a telephonic interpreter cannot have sidebar conversations with an attorney or investigator. In addition, recorded statements taken by telephone may not carry the same weight as an examination under oath or a deposition.

When you use telephonic interpreting services, the interpreter also can’t see a speaker’s facial expressions or gestures, and not being able to pick up on this nonverbal communication could mean that the interpreter won’t be able to fully understand what the speaker is trying to communicate.

But if a statement is being recorded over the phone and you need the assistance of an interpreter, telephonic interpreting from Legal Language Services can provide the services you need for an accurate recorded statement.

Telephonic interpreting is a good tool for last-minute or emergency proceedings, or if you need to communicate with someone who speaks an uncommon language. For more common languages and prescheduled meetings and events, an on-site interpreter is almost always the best option.

Why Telephonic Interpreting May Not Be the Best Choice

When you are deciding if telephonic interpreting is right for you, there are a couple of things to consider. You need to take non-verbal communication into account, as well as the gravity of the proceeding taking place.

For example, if you use telephonic interpreting services, the interpreter won’t be able to see a speaker’s gestures, movements or facial expressions. Not being able to read these emotions can have a profound effect on the speaker’s meaning, and it could mean that the interpreter won’t be able to fully pick up on what the speaker is trying to communicate. This may be detrimental for important legal proceedings.

It goes without saying that accuracy is an important factor in all legal proceedings, but it is especially important for events like depositions and arbitrations. Telephonic interpreting can be used for these events if there are no interpreters in your area who speak the necessary language — and none can travel to your event in time — or if there is a last minute proceeding. But the sensitive and crucial nature of these events really requires in-person interpreters, or inaccuracies may occur that could ruin cases for defendants who speak another language.

Telephonic Interpreting Better Serves Particular Languages & Situations

Telephonic interpreting is a great service when it is absolutely essential to communicate now with a client or witness who speaks another language.

However, telephonic interpreting should be limited to emergency situations and situations when it’s absolutely impossible to obtain the services of an in-person interpreter. Telephonic interpreting can provide the language access you require, but its limitations make it a better choice for initial client interviews and off-the-record meetings.

Legal Language Services offers telephonic interpreting to legal professionals. By using telephonic interpreting services, you can be connected to more than 5,000 interpreters around the world.

With one toll-free call, you can reach a professional legal interpreter 24 hours a day, 7 days a week, 365 days a year — often in only seconds.

What Are the Advantages of Telephonic Interpreting?

Telephonic interpreting is ideal for legal professionals who find themselves in situations that don’t allow for in-person, face-to-face interpreters.

Telephonic interpreting can do more than come in handy — it may help you find new business. For example, a French-speaking individual may be seeking legal help, but if no one in the office can communicate with him, using telephonic interpreting services is a great way to assess his needs — and turn a potential client into an actual client.

Because communication often involves visual or other nonverbal cues, it’s best to have a live interpreter at your proceeding. What’s more, you may need an interpreter on the premises  to comply with certification laws or other procedural requirements for some legal proceedings. Of course, Legal Language provides interpreters for venues in the United States as well as countries all over the world.

However, when distance, time or cost prohibits the use of in-person interpreting, telephonic interpreting may be the next best option for legal events such as arbitrations — though due to the highly sensitive and critical nature of these types of legal proceedings, over-the-phone interpreting should only be used under emergency circumstances.

How Does Telephonic Interpreting Work?

While Legal Language has offered telephonic interpreting for years, we’ve recently enhanced our services to give legal professionals a better, faster way to communicate with their clients.

To reach an interpreter by phone, call us toll-free at 1-800-788-0450 to be registered for telephonic interpreting services. You’ll get a PIN and a toll-free number to call each time you need an interpreter. Once you call the number and give your PIN to the call coordinator, he or she will connect you to an experienced legal interpreter in one of 150+ languages and dialects. Depending on your language needs, you may be connected with an interpreter in as little as 15 seconds.

If you aren’t sure which language your client or witness speaks, that’s OK. When you call, let the call coordinator know. Coordinators are specially trained to identify different languages and dialects.

Save time and make room in your busy schedule by pre-arranging an interpreting call. Simply call us at 1-800-788-0450 and let us know the language you’ll need a legal interpreter for, along with the date and time of your meeting. We’ll have an interpreter ready for you at your scheduled time — whenever that may be.

Pay Only for What You Use

There are no monthly fees and no minimum charges attached to on-demand telephonic interpreting with Legal Language Services, and telephonic interpreting is charged per-minute.

Be ready for last-minute situations — call 1-800-788-0450 to take advantage of Legal Language’s enhanced telephonic interpreting services.

Even if you are not a court interpreter, it is a good idea to become familiar with the code of conduct if you work with interpreters. Knowing what is expected and what to expect of interpreters in court can help to avoid confusion or bridge divides.

Breaking Down the Interpreters’ Code of Conduct

Codes of conduct for interpreters reflect not only the skills that interpreters need to have, but also how they are expected to act, dress and communicate in court. While codes of conduct vary, here are the basics:

Accuracy

In what may be the most obvious point in the code of conduct, interpreters are required to accurately interpret what is said in court without embellishing or omitting anything. Court interpreters must provide the most accurate form of a word in spite of the use of slang, obscene or colloquial language.

Interpreters must try as best as they can to keep the tone, inflections and emotions of each speaker while still speaking clearly.

At times, the people conversing through the interpreter may not be able to understand each other — not because the interpreter is inaccurate, but because they do not speak at the same language level. It is not the court interpreter’s job to simplify statements. A request for an explanation must be relayed back to the court.

Impartiality

Interpreters must maintain an impartial attitude at all times while in court. While it might be tempting to strike up a friendly conversation with a court interpreter, it is best for the counsel, parties, witnesses or anyone else in the court to avoid unnecessary conversations with interpreters.

Proficiency

While it should perhaps go without saying, court interpreters should only interpret if they are fully able to take on the responsibility.

Interpreters are expected by the court to constantly be striving to improve not only language fluency, but also their knowledge of the various areas within the courtroom and the law. Court interpreters are encouraged to attend workshops, seminars, conferences or classes to keep up their skills.

While fluency in the language of the law as well as the languages being used is necessary, many codes of conduct require court interpreters to have bilingual and legal dictionaries readily available for consultation while in court.

Demeanor & Professionalism

Court interpreters are expected to speak clearly, yet maintain a low profile and be as unobtrusive as possible. They are required to appear on time, be dressed in business attire and be familiar with the layout of the courtroom.

Case Preparation

Courtroom codes of conduct often require interpreters to prepare for an assigned case by reviewing any material previously provided by the counsel, including:

• Charges
• Police reports
• Indictments
• Official complaints
• Interview transcripts

Modes of Interpreting & Address

Interpreters must be comfortable with the chosen mode of interpreting, whether it is consecutive or simultaneous interpreting.

After initially addressing the court and identifying themselves, interpreters are expected to utilize the first person singular when interpreting for a non-English speaker giving testimony in court.

Fatigue, Errors & Other Difficulties

Interpreters are expected to inform the court if they become fatigued and believe the quality of their interpreting may begin to decline.

Interpreters who find that they make an error should correct it at once. If the error was perceived after the testimony, interpreters should request a conference with the judge and counsel to explain the error and make the correction on the record.

Interpreters are often required by a code of conduct to withdraw from any case if they have a lack of preparation or proficiency, trouble understanding the speakers or difficulty in understanding the complexity of conceptual or technical terms used in the case.

A court interpreter may be one of the few jobs where a mistake could have an effect on whether someone lives or dies — or at least whether someone goes free or stays in prison.

Legal Interpreting Not Always Error-Free

Many assume that any interpreter accepting a job would be fully capable of all of the duties required in legal and court interpreting. But unfortunately — and frighteningly — that isn’t always the case.

Recently, a Swedish court interpreter lost his interpreting license after it was determined that he made some serious errors during a trial in Norrköping, near Stockholm.

Inaccurate legal interpreting in court is never ideal, but this trial wasn’t just for some minor infraction — it was a murder trial.

The Consequences of Inaccurate Legal Interpreting

One would assume that the court interpreter who mishandled the Norrköping trial was a rookie, but that wasn’t the case at all.

The man had been granted a translator and interpreter’s license in 2004 by the Kammarkollegiet, Sweden’s legal, financial and administrative services agency. Not only had he been working for years as a Kurdish-Swedish interpreter, but he had also tutored other interpreters, published translations and even authored a dictionary of legal terms.

After the Kammarkollegiet received an anonymous tip, they reviewed the murder trial transcripts and tapes. The court interpreter had omitted details, added material and failed to accurately interpret idioms and turns of phrase.

The court interpreter explained that, while he still believes he was fully capable of accurate legal interpreting, he made mistakes due to some personal issues that had arisen during the time of the trial. This distracted him and he was unable to perform up to par.

Court interpreting is serious work which has an effect on the lives of others. If an interpreter does not feel that he or she is up to the job — for personal, professional or other reasons — he or she should find a replacement rather than jeopardize the outcome of the legal proceedings.

How to Avoid Inaccuracy in Court Interpreting

If you need legal or court interpreting services, you want to take every precaution you can so you don’t end up with an unqualified interpreter.

Make sure you seek an interpreter with knowledge of courtroom terminology, vocabulary and protocol. Some interpreting companies and agencies (such as Legal Language Services) specialize in this.

If you were involved in a trial and have any doubts about the legal interpreting during the case, there are retroactive steps you can take. Obtain a transcript of the legal proceedings and have the legal proceedings translated, then point out any oversights to your attorney.