Tips for lawyers working with interpreters

Texas State Capitol, Austin, Texas.

 

Here's what to look for:

 

Ž Texas Department of Licensing Licensed Court Interpreter Number.

Ž Verify their status at: http://www.license.state.tx.us/LicenseSearch/

Ž  Focus on those who specialize in legal interpreting and translating and who cite courtroom experience, training and membership in professional associations.  (A BA in Spanish is not enough…)

Ž Verify their  references and ask about any confusion that occurred during testimony, their professional behavior ( were they on time, polite, flexible with cancellations , did they send a sub instead of themselves taking the assignment )

Ž Verify their fluency in English yourself, (call them and talk to them!).

Ž Confirm  if they perform simultaneous or consecutive ( see TIP that follows)

Ž Ask about their rates, payment terms, minimums and advance notice requirements.

Ž Refer to the Oaths, Ethics and Rules page on this site for more procedural rules.

 

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This specially designed group course includes:

· Individual aptitude assessment of each group member

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· Professional Interpreting skills improvement: consecutive and simultaneous modes

· Interpreting tools and resources

· Translation tools and resources

 

This course is designed to meet your firm’s needs and enhance your performance.  Contact Diane dianeteichman@linquisticworld.com for details today.

 

Speaking Through an Interpreter

 

We speak in the first person ( “My name is”…., not “His name is …”) To avoid confusion about our role, we suggest that you inform  your client or the witness in advance that they are not speaking to the interpreter but to you or the opposing attorney or the judge.  Advise them to not have any private conversations with the interpreter.

 

We make lousy mimes!  Please ask the witness to respond out loud, not to nod,  shake their head, or gesture during responses.

 

Speak directly to the witness just as you would an English speaking person.

 

Speak in the first person, (“State your name for the record”) not the third person (“Ask him to state his name for the record”).  To maintain consistent clarity have your bilingual staff follow this mode for in office. 

 


Pitfalls to Avoid at the proceeding

 

 Double negative questions are deadly in most languages: For example

You didn’t mind not going with those people, did you?

You can’t not tell us now because you don’t want to, do you?

 

Partial Interpretation it’s best to have the witness respond completely in their native language, and to have each question interpreted for them. Otherwise you risk an unclear record and a jury that does not fully comprehend the testimony.

Witness Responding to Objections If the interpreter is instructed to interpret objections, the witness should have that procedure explained to them beforehand.

Compound Questions These are two or more part questions that leave the respondent with a choice of which part to answer.  For example, if I were to tell you that the defendant claims he never saw you, would you say that he was lying?

(this example contains three questions to which respond)

 

Here are some documented responses:

Are you telling me this or are you making it up?  (part one)

How could he not see me?                           (part two)

I can’t tell you if he is a liar or not, I don’t even know the man.  (part three)

 

Better Choice Wording

The defendant has stated that he never saw you.  Do you claim that this is true or false?

 

Content is taken from the course Get That Answer by Diane E. Teichman.

 

 

 

 

 

Avoid the “on the scene” surprise of poor quality interpreters

 

Have your office create a list of interpreter that meet your criteria and are properly qualified to interpret assignments for your firm.

 

If you rely on an Interpretation/Translation agency to meet your requests, ask how they qualify their staff.  Ask them to meet your criteria before scheduling with them.