In "Lawyer's Guide to Cross-Cultural Depositions" we talked about legal interpreting and selecting legal translators and interpreters for international depositions. Choosing a foreign language interpreter for a trial or other court proceeding can have equally significant effect on one's success and strategy. Here are some tips to keep in mind:
- Although in many instances the courts have found that there was no prejudicial effect resulting from the appointment of an arguably biased interpreter of testimony, and although they have disagreed as to what relationships or interests are indicative of bias, the better practice is for the parties to agree to the use of one or more interpreters or for the court to appoint a disinterested interpreter where one is available. The Code of Professional Responsibility (Administrative Office of the United States Courts, 1987) that governs federal court interpreter provides guidance in this regard.
- It is essential to find an interpreter who is not only fluent in the foreign language, but one who is familiar with the technical and business terms, and the important legal concepts in the case. The interpreter should be familiar with the nuances of the words in the documents and should understand the parties' positions regarding the meaning of important terms.
- In selecting an interpreter, counsel should consider many of the same factors that go into selecting an effective witness. The interpreter speaks for the witness and therefore must appear truthful, knowledgeable, and be personable.
- Counsel should avoid terms with meanings dependent on a cultural context, slang or usages drawn from television and sports.
- Counsel should streamline the examination of a witness testifying in a foreign language. The longer a witness testifies in the foreign language, the more difficult it will be to hold the fact finder's attention.
Categories:
- Legal Translating/ Interpreting into Exotic Languages, Uncommon Languages, Telephone Interpreters
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