August 14, 2014 § 21 Comments
In the past we have discussed the human relations of the interpreter on a professional level; this time I want to share with you an experience that I had quite some time ago with another colleague. It involves professional jealousy and perhaps envy. I decided to share this story because I truly believe it is important, as it goes beyond the simple emotional reaction we all have gone through when we do not get an assignment and we think we are better than those who ultimately got it. Sometimes I do not like it when I see an assignment go to somebody else, and sometimes I love it when I am not selected for a job because of the subject matter, the dates of the event, the location, or even the colleagues in the booth. Just like everybody else, I have many flaws as a person, but perhaps due to my self-confidence, professional jealousy or envy has never been one of them. This case goes beyond that.
Long ago I had a good friend and colleague. We used to work together very often. We were comfortable working as a team and everybody thought we did a very good job. For a long time we shared all kinds of assignments. Even when we were not hired as a team, the one who was hired would immediately request the other one in the booth. Then life happened; we continued to work together but less frequently than before. Each followed a different professional path.
Years later, after quite some time of not working together, we found ourselves sharing the booth once again. I thought it would be like old times. I was wrong. From the moment I saw my long-time colleague I sensed something was different. My friend seemed distant and guarded. I dismissed the feeling and we talked for a few minutes before the assignment; we were catching up after all these years. During a break, the lady from the agency that hired us came over to greet us. We both got out of the booth and talked to this person. Apparently she had worked with my friend a lot more than with me. They spoke of old clients and trips for assignments abroad, and about how much she admired the work done in the past. My colleague just bragged about these assignments and the difficulties they had to overcome to do a good job. Apparently, my long-lost friend had turned into a self-centered individual who loved adulation. Of course this is nothing unusual in the interpreting world, but it surprised me; that personality trait had not been there in the past. At one point, the agency representative turned to me and asked if I was happy to be working with such an excellent and famous interpreter as my friend; I said that I was delighted indeed. That was it. We went back to the booth and worked the rest of the day.
That evening, as we were leaving the venue, we ran into the agency lady once again. This time she addressed me directly and asked about my career. I told her of the great opportunities I had in the past, and I shared some of the events and clients I had worked for. She seemed very pleased and also a bit surprised. She told me she had no idea of what I had done in the past, and that she was very impressed. She had barely pronounced these words when my colleague injected himself into the conversation and quickly changed the subject so that he was again the center of attention.
The following day during a coffee break one of the speakers, who was about to present after the break, recognized my colleague and approached us. He greeted my friend very warmly, and he introduced me to the speaker as his colleague in the booth. The speaker turned back to my friend and told him that he sure was glad to have him as his interpreter, and commended him for having a “new interpreter helping him” in the booth. My friend smiled and replied that I was a good “sidekick” just like the ones he had worked with in the past. The speaker then mentioned a couple of names I recognized as other interpreters who I consider pretty mediocre. Needless to say, I did not enjoy the comparison, but I kept my mouth shut. My colleague seemed to like my restrained reaction.
That day during the lunch break, I went to the venue’s restaurant where I found my colleague surrounded by a crowd and telling them some war stories, explaining how pure talent carried him to the top of the profession. That is when he saw me and called me to his side. “This is a pretty good guy, and knows exactly how to support me so we can do a great job” I was not thrilled, but still calm to that point. Then he added: “It’s like the Lone Ranger and Tonto, like the Green Hornet and Kato.” Unable to keep quiet any longer, I spoke and said in a low calm voice that I was nothing like those characters, and shared some of my professional experience with the crowd. I should have acted more professionally but I just could not remain silent any longer. My friend did not like it, but constantly putting your booth colleague down to boost your personal reputation gets old very quickly. After lunch, my colleague turned to me and with a big smile told me that it was wrong to mention my credentials to a client that was not mine. I replied that I did not appreciated being called a “sidekick”, and that I was merely telling them who I was, no lies, just the facts. Things got more complicated towards the end of the week when the agency lady told me in front of my friend that she had googled me and had read some of my work on line. She even said, that she was very happy to have me on board. I thanked her, and told her that she now had an excellent team of two very seasoned interpreters. She agreed.
A few months later, working together for another event organizer, I was recognized by a foreign dignitary who has known me for a long time. Apparently this person recognized my voice, looked for the booth, and saw me there. She came all the way to the booth to say hello to me. I introduced her to my colleague, but I could see that he did not like it at all. Since that time, I have learned that my colleague has made unflattering comments about my work, and that when asked about me for a possible assignment he has proposed other interpreters instead. I also heard from other colleagues who he has also discarded from the booth because of their (great) resume. Although I do not particularly enjoy working with this person anymore, I have never done that. Some colleagues from his home town who work with him all the time have told me that they believe that he is jealous of my career and the career of some other very accomplished colleagues; that he dislikes to work with someone as experienced, or more experienced than him. Apparently, he likes to work with people he can impress with his stories.
Since that time, we have worked together when the agency or event organizer retains us separately. I have paid special attention to the bidding process of all big events that interest me so that I don’t miss any of them even if this person leaves my name out of any proposed team, and I have talked to the major agencies and all my direct clients so that they know that I am available for assignments. I will protect my business as you should when facing a similar situation. We have not requested the other one in the booth anymore. I am a professional and I will work with this individual if needed, but I will never understand the motivation behind the actions of this Othello of the interpreting world. Finally, I would like to disclose that, for legal reasons, the individual this post refers to is a fictitious character; he is a composite of many different colleagues I have encountered during my practice who have this professional flaw. The episodes described in the article have been modified and compounded, but they are real. The characters are not. With this in mind, and without exposing yourselves to any liability, I invite you to share with us your experiences with jealous interpreters.
August 5, 2014 § 7 Comments
During my professional career I have noticed how the interpreters of Indigenous Languages are often treated differently and separately from the rest of us. Whether it is their service fees, labor conditions, or even the way they are addressed by the client, I am often left with this aftertaste that I dislike. I am sure many of you have observed and felt the same way at one time or another. Although this is a universal problem that afflicts interpreters all over the world, I will concentrate on the indigenous languages spoken in the Americas: From Alaska to Patagonia.
I believe that the main reason, and often unconsciously motivated, why Indigenous Languages interpreters are perceived as different, perhaps even less professional than the rest of us, or even as belonging to a “not-so-important” language, is pure ignorance; a complete lack of cultural knowledge of the way society functions in many places around the world, not being familiar with world history, and the oversight of how these two elements should be combined in order to acquire the appreciation for these languages that is so much needed. Let me explain:
First the social aspect: For centuries, Mexicans, Central Americans and South Americans have lived in a world where many speak Spanish, Dutch or Portuguese; many speak a native language with no fluency in the European predominant language, and a minority has been able to reconcile and master the use of both: a European language and one or more Indigenous Languages. It has been part of the Latin American culture to have a household where the family speaks Spanish (it could be Portuguese or some other European language, but to save some time, on this blog I will refer to Spanish and it will mean all European languages spoken in the Americas) and the domestic help speak Náhuatl, or Quiché, or Zapotec, or perhaps Quechua. Nobody living in Latin America would be shocked to hear people within their own household speaking a language they do not understand. That is how it has been for centuries. It is also part of Latin American reality that many of these people stay in the shadows, relegated to a second tier; not because of their intelligence, not due to their work ethic, but because they have been systematically denied access to knowledge and opportunity for the simple fact that they do not speak Spanish fluently. This problem has generated social unrest from the moment the conquistadors landed in the so-called new world, and it has finally caught the attention of government officials, society, and the media, causing changes in the legislation, and in the way society opens its doors to these segment of their citizenry.
Because of modern immigration trends, the problem also exists in the United States where many of these indigenous groups have an important physical presence. Once in the United States, they face some of the same obstacles that their fellow Spanish-speaking citizens must deal with; among them: their lack of English language skills. Fortunately for their Spanish-speaking fellow countrymen, there are many more instances where they will find a Spanish interpreter who will assist them in courts, hospitals, churches, public schools, and even stores and restaurants. Unfortunately for those Latin American citizens who do not speak Spanish, or even if they do, their command of the language is far from being fluent, there are very few linguistic resources to assist them, and in many cases, depending on their geographic location or the language they speak, there are none. As a consequence, service providers are often frustrated before the reality that finding a Spanish interpreter will not solve their problem, because of the (for them) hard-to believe reality that these individuals, despite being citizens from a Spanish-speaking country, have a different native language and do not know Spanish. The result: We have three segments of the population at odds who do not talk to each other, and for that reason they are incapable of understanding the new reality in their hometowns and communities: (1) The Spanish speaker immigrant who is used to Indigenous Languages speakers because he lived with them, side by side, back in their common home country; he knows of their linguistic limitations in Spanish, and he also knows that they are proud hard-working people who speak centuries-old languages, and not ignorant second-class citizens who do not speak Spanish. (2) The American who speaks English and no other language, and sometimes even the bilingual English-Spanish Latino who was born in the U.S. to Latin American parents but ignores this part of his parents’ homeland’s social culture. (3) The Indigenous Language speaker who usually comes from a poor community, and is an honest, hard-working, decent individual who grew up in an Indigenous culture within a Spanish-speaking country, and had very little or no contact with Spanish speakers. If these three segments of the population were to sit down and talk to each other, they would understand their different realities and work out common solutions without putting another group down because of cultural ignorance. Once we have established this common ground, it is important to learn who these Indigenous groups and nations really are. Because language is a very important part of who we are, this will get them to where they should be: An even field of opportunity.
First we need to promote what these Indigenous languages really are. We need to unveil them so that they go from “exotic” and “mysterious” to simply a “foreign language.” The best way to do it is to let history speak. Many people do not know, or forgot, that one of the greatest mythologies about creation is called the Popol Vuh, that it comes from the Mayan Post-classic K’iché kingdom in Guatemala, and that just like the Chilam Balam, it was written in K’iché (Mayan).
But K’iché was not just a language of mythology writers and historians, it was the language of scientists. The Mayan civilization knew and used the zero before many other civilizations. They were great mathematicians and astronomers, and they did it all in K’iché (Mayan). If science is not your cup of tea, we can then talk about the Lord of Texcoco: Nezahualcócotl, one of the greatest poets in history, whose famous “Flower Songs” were composed in Náhuatl. He turned his Acolhua nation into what historian Lorenzo Boturini Bernaducci called “The Athens of the Western World” where the “tlamatini,” poets, musicians, sculptors, philosophers, and others gathered to create and learn. And of course, we have to mention Malintzin or Doña Marina, the first Spanish interpreter in the Americas, who was instrumental in Hernán Cortés’ conquest of Mexico, and Felipillo, Pizarro’s Quechua interpreter (I have written about both, Malintzin and Felipillo on separate posts that you can access in this blog) We cannot forget that a Native-Mexican, who spoke Zapotec as his first language at home, grew up to lead and defend his country and became universally known as Benito Juárez. Finally, if we want to bring this to a more contemporary setting, we need to remember that a big part of the reason why the United States and its allies won World War II in the Pacific was because of the Navajo code talkers; a group of military interpreters and translators who interpreted and translated military communications from English into Navajo and vice versa in order to avoid Japanese detection. All of these examples show Indigenous people doing extraordinary things using Indigenous Languages. You see, these are not second-class languages, they are first class languages that have been abandoned to a certain degree, and for that reason, they have not received the acknowledgement they deserve in the pantheon of languages.
If interpretation agencies, event-organizers, government officials, and the rest of the interpreter and translator community understand what these languages really are, and if they see that the main reason why those who presently speak these languages are not using them for world trade, advertisement, modern science, or any other mainstream use of language, is because they have been denied access to opportunity by the mere fact of what they speak, then they would value and treat them both: the interpreter and the Indigenous Language as their equal. It will be then that all of our colleagues will be welcomed to the great community of interpreters and translators. From that point on, we will all realize that our job is the same and we will all make sure that these colleagues are treated the same way all other spoken language and sign language interpreters are treated. I invite you to share with us other stories of this linguistic/cultural coexistence back in your home countries, or if you prefer, to tell us about another historic character who emphasizes the importance of Indigenous Languages.
Who should interpreters target as their clients in a world where many want to pay lower fees? Part 1.
July 28, 2014 § 9 Comments
I consider myself very lucky because my job takes me all over the world; this allows me to see many of my friends and colleagues as I visit their towns and countries, and also gives me the opportunity to keep up with the local interpreting and translation issues that are impacting that particular area. It gives me great joy to hear about the personal and professional accomplishments of so many talented friends; and unfortunately, I also get to see the sadness, anger and frustration of so many who are working under conditions that no professional should suffer or tolerate. I cannot tell you how many times I have listened to these horror stories where the main characters are permeated by mediocrity, ignorance and lack of ambition. It was after one of these episodes, not long ago, that I decided to write about this topic in order to identify the problems and propose some solutions that have worked for me and for other colleagues in the past. This topic is broad and will require of several posts. I will address separately on three different posts the situation of court interpreters, community interpreters, including health care interpreters, and conference interpreters.
First I will talk about the court interpreters because they are a large part of the interpreting community in the United States (only second to military interpreters) and they are a growing segment of the profession in many countries around the world. When I think of many of the freelance court interpreters I know, one thing that puzzles me is: how can they be happy and fulfilled working under such conditions? In certain administrative courts they are paid very little money, sometimes they do not get Per Diem when traveling to another location, and on top of that, they are not treated like professionals. They are required to get paperwork stamped and signed by others, sending the message that because they are not trustworthy, somebody else needs to watch what they do; And by the way, if they want to get paid on time they have to be willing to accept a smaller paycheck (there is a pay cut policy in exchange for faster pay). Of course this is an extreme case, and I would have called it the worst if this article had been written before the United Kingdom court interpreter fiasco that insulted capable professional interpreters in their professionalism and in their pockets. Of course you all know what happened over there and we are all familiar with the ever-bigger problems in the British justice system. Enough for now, but I will return to the United Kingdom court interpreter saga later on this post.
If you think that things get better for those interpreters who freelance in the state-level court system of the United States because these are not administrative courts, you have not worked there for at least a decade. At this level, in most states, interpreters make a little more money than those working the immigration court system, but they are still getting a laughable fee for their professional services. This low pay does not feel any better when you combine it with rules and policies designed for laborers and not for a professional service provider. I am talking about agency-controlled state court markets, incomprehensible policies that are keeping good interpreters from making a decent income in civil cases, the “annual payment limit” contained in some states’ independent interpreter contracts, the “even distribution” of work policy of other states where good and mediocre interpreters basically get the same amount of work from the state as long as they are state-certified, or the backwards legislation that gives certification and oversight of court interpreters to the state judiciary in a state where this was not the case, and now will pull interpreters down to the same level of the other states where the same party that hires certifies. A move unheard in other professions like lawyers and physicians, but even celebrated by many interpreters in this state. Add to this landscape all the endless and ever-changing micro-management requirements by local courthouses, many other rules that I will just skip for the sake of brevity; and finally, throw in there the agencies that are run by people with no formal education, experience, or practical knowledge of interpreting (as the ones who procure interpreting services for most administrative courts) and pay their interpreters even less money, and you will have the big picture; the same picture I see every time I hear a new story, learn of a new travesty, or witness a horrendous performance.
Dear friends and colleagues, I cannot help it, but it is at about this time that I always wonder why my friend or colleague is still working as a court interpreter under those circumstances! The answer is simple and complex at the same time. Simple because as a freelancer all it takes is a moment of courage when the interpreter decides: Enough! No more. Complex because not everybody is willing or capable of making this decision. Different people, different priorities, different ideas, different set of values, and different goals in life. Although I have belonged to the former group all my life, I understand those who belong in the latter. The thing I cannot understand is why they do not take action and change things for themselves, and maybe for their profession at the local level.
It is possible that many people living under the circumstances described above will not be able, for different reasons, to move on to another type of interpreting assignments, but they can always pick their clients wisely. Let me explain:
One thing I have never understood is why on earth so many of my freelancer colleagues see themselves as court employees. I have heard hundreds of times how they introduce themselves as interpreters for the courts; I have heard them refer to court administrators, court clerks, judges, and staff interpreters as their “boss”! Obviously this immediately tells me that if they see the court, the interpreting agency, or the state judiciary as their employer, they cannot see them for what they really are: their client.
Once the interpreter comes to terms with this issue, and understands that she does not work for anyone but herself, she can focus on picking her clients. She will soon realize that mediocre interpreting agencies, state judiciaries, and even the federal court system are nothing but clients, and clients that pay very little (some of them rarely on time) in exchange for what they expect from the interpreter. They pay low fees for the interpreting service, but many of them want you to do so many other things for the same token fee: these interpreters must prepare endless paperwork, learn (sometimes absurd) court or agency policies that are only applicable to that particular courthouse, translate documents in between hearings, attend (often self-serving) unpaid meetings scheduled by the agency or court administration; and many times they demand, without saying it, exclusivity and they “punish” an interpreter who cancels the assignment for a better paying professional opportunity. Once the interpreter sees them as another client, she will realize that, because of their practices and philosophy, they are not at the top of her client wish list, and she will understand the need to find better clients.
Now the question is: If all interpreting agencies that control the administrative courts, and all state-level court systems are not to be considered as top clients, what else is there? The answer is: The good clients!
All interpreters who want to make a decent living in the legal field need to provide their services to the private bar. It is true that in the United States the states are now observing Title VI of the Civil Rights Act, and in many cases the states are keeping independent interpreters from working any civil cases unless paid through the courts; but even under these circumstances, there is plenty to do. First, those of you who live in states where independent freelancers coexist with state contractors, and are allowed to provide their services in civil court to those who turn down the court-appointed interpreter and prefer to hire their own, you should enter this field full-blast. The federal system does not provide court appointed interpreters in civil cases, and for those who are federally certified this is another option, in fact, it is a much better option than working criminal cases for the federal court system because the pay is much better.
The main option available to all of those who have a valid certification at some level (state or federal. Private language agency certifications are not considered valid) is to become a legal or “out-of-court” interpreter instead of a court interpreter. Legal interpreters provide their professional services to Law Firms and attorneys for depositions, office interviews, witness preparation, jail visits, expert opinions, expert testimony, transcription and translation services, and even in court at the plaintiff’s or defense’s table. Interpreters negotiate their fee with these attorneys; there are no pre-set limits, no endless meetings, and for the most part, the cases are interesting: there is more variety in civil court; and the cases that you should go after involve enormous amounts of money in damages. These are the type of clients I try to have, and I spoil them, pamper them, and protect them with the best service you can find anywhere. The point is, my court interpreter friends and colleagues, if you don’t want to move to a bigger city, if you don’t want to travel, or to learn a new field, the next time you get angry because of an absurd new rule, because you are not getting paid on time, or because you got tired of being treated like a laborer instead of a professional, stop working for the system, get out there and look for the big clients: the large law firms, the corporate legal departments, and talk to them; sell them your services, and start enjoying your career once again. Who knows? If enough good interpreters leave the system, the system will have to hire mediocre individuals, and sooner or later the government will have to sit down with you and talk fees and other work conditions. This is what is happening in the United Kingdom where a group of courageous, determined, and brave interpreters walked out and never went back. They made history, inspired us all, and showed us that although difficult at the beginning, there is life after the courthouse. I invite you to share with us your opinions and comments, and I ask you to avoid name-calling, specific cases, and arguments defending agencies or the court interpreter wages.
July 21, 2014 § 10 Comments
Unfortunately, because of the type of work we do, all of us had to deal with uncomfortable situations at some point during our careers. To a higher or lesser degree, all of us have fielded questions like “Why do you do this work?” “How much money is “spent” (code word for “wasted”) paying for this service geared to those who do not speak the language of the land?” “How do you feel about helping these people who are not willing to assimilate to the local culture”? “Are they really that dumb that they cannot learn the language?” etcetera. Other interpreters have sat there, listening to comments such as: “If they don’t speak the language they should go back to their country,” “They want to speak their language because they like badmouthing the rest of us,” and some others that I rather exclude from this post because they are offensive and spelling them out contributes nothing to this article.
Of course, those of us who have been more than once around the block have lived through these situations more than our younger colleagues, and for the most part, we have come to understand that those making the remarks are the ones with the problem. In other words, we do not have time for this nonsense, so we just ignore them. This has been my strategy for years and it has worked fairly well.
Unfortunately, an incident happened a few weeks ago. I understand that when we think of bigotry and interpreting, we immediately picture a courtroom, a police station, a government agency, a public school, or a county hospital. You think of court, community, and healthcare interpreters as the ones dealing with these issues all the time. That may be so, but other interpreters (conference, military, media, etc.) have faced their share of this evil when practicing their profession. On this particular case, I was doing some escort interpreting for a foreign dignitary who was visiting the United States from a Spanish-speaking country. This was an important visitor, but he was not a head of state or celebrity; you see, bigotry tends to hide away when the potential target is surrounded by the media and some bodyguards. In this case I was providing my services to a very important foreign government officer who traveled alone. This individual was very sophisticated, formally educated, well-traveled, and very important back in his home country.
After a very successful visit, and once he took care of his business in the United States, we headed to the airport for the check in process. This was the last part of my job. After escorting this person for several days in different cities, after business meetings, formal events, flights, hotels, and other activities, all I had to do now was to take the dignitary to the airport, help him with boarding passes, connecting flights, immigration and customs, and send him off. I have done this thousands of times, all of them uneventful. We arrived to this domestic airport in the American south, and we proceeded to the airline ticket counter. The airport was pretty empty and we walked straight to the counter where we found a middle-aged Caucasian male wearing the airline’s uniform. I handed the passport and other required documents, identified myself as an interpreter, and told him what we needed. He looked at me and then he turned sideways in order to exclude me from the conversation and he addressed the visitor directly. This person, a guest in our country, looked at me and told me that he did not understand. I interpreted what the airline clerk had asked him, and once again told the clerk that the visitor did not understand him because he did not speak English. I explained to him what my role was, and asked him to ask his questions as usual. He looked at me once again, and this time he completely turned so that I was fully excluded from the conversation. He continued to address the visitor in English. The visitor looked for my help and this clerk did not let him. He told him that he “had to listen to the questions and answer them himself.” The guest told him in broken English that he was sorry but he did not understand the questions because he did not know English. The clerk smiled and asked him with a smirk: “You don’t understand English and you live in the twenty first century amigo?” I continued to interpret all this time, and when I saw that this clerk was going to give the visitor a very hard time, I asked the dignitary to step away from the counter and have a seat. I told him that I was going to take care of this situation. The visitor honored my request and went to a chair that was at a good distance from the counter so that the guest would not have to hear what I was about to say. As this was happening, the clerk yelled at him: “hey, ‘amigo’ you cannot leave, I am talking to you.” Once the visitor left, I addressed the clerk directly and once again explained to him the circumstances, including my role as the escort interpreter. He first looked at me for several seconds, then he laughed, and finally he told me that at his airport (remember this was a domestic airport with no international flights) they spoke English because “it was located in the United States.” He told me that he was going to ignore me because his job was to make sure that “this guy” would be able to get around once he was alone. He even told me that he was considering denying him a boarding pass because he was not going to find his way at the hub where he was supposed to take his international flight. He also told me that it made him mad that “…this country was letting in people who didn’t even care to learn English before coming to the United States…” At this point he told me that he needed the guest by the counter alone or he would deny the boarding pass. He then walked away and left. I looked around to confirm what I already knew: there was nobody else from the airline in sight.
Because of time constraints and due to the lack of infrastructure at this airport, I decided to tweet the basics of the incident with the airline hashtag. I immediately got an answer, and in a matter of minutes (maybe seconds) a different airline clerk met me at the counter. This individual took care of the visitor addressing him directly through the interpreter and the rest of the process was completed without incident.
After the visitor left, I decided to follow-up on this incident and I filed a formal complaint against this individual. I did it so that others do not have to go through what we did, and to raise the awareness of the airline. Professionally, I was satisfied with my performance: I took care of the problem, the visitor left as planned, and he noticed very little of what happened, thus avoiding an uncomfortable situation for this person who was a guest in the United States. This episode reminded me that despite the way things may be in the big cities, there are still plenty of places in the United States, and elsewhere, where we as interpreters must be on our toes and be assertive to do our job even when we face adverse circumstances. This time it was an escort interpreter assignment, but these situations are prone to happen in the courtroom, at the hospital, the public school, the government agency, and everywhere unsophisticated individuals are found. Always remember: bigotry could be around the corner, so be ready to act. I invite you to share with us some stories of your interactions with bigots who have directed their hate to you or to your client.
July 14, 2014 § 3 Comments
I was contacted by a colleague who wanted my opinion about a professional situation that was making her life miserable. Her problem was that she had been part of a court assignment where an attorney did something she disliked. At the time she contacted me she was debating about letting it go, or reporting the situation to the judge of the case. I listened to the facts, and I immediately remembered other events where an attorney’s conduct had been questioned by other interpreters. This is her story:
An interpreter was hired to work during a deposition at a law office. While waiting for the assignment to start, she had a conversation with other individuals in the waiting room. One of the others was also a court interpreter. Finally, after a long wait, a secretary came to the waiting room and announced that the deposition had been cancelled. The interpreter went home, she got paid on time for this assignment, and she forgot about this incident.
Several months later, she was contacted by another agency that offered her a transcription/translation assignment. She agreed, and a few days later she received a CD with the audio recording. She began the transcription, and about an hour into the transcription, she concluded that she knew at least one of the voices in the recording; it was the voice of another interpreter, in fact, it was the voice of the interpreter she had been talking to, months earlier at the law office, while she waited for the deposition to start. She immediately knew that she had to stop the transcription and report this circumstance to the agency. A decision had to be made about her involvement in the transcription job. Before contacting the agency, the interpreter decided to see if the other interpreter’s voice was all over the recording or just at the beginning. She had just been working on the transcription for about an hour, so she wanted to find out. She fast-forwarded the recording, and to her surprise, she now recognized a second voice: It was her own voice! She was part of the recording the agency sent her, and the recorded conversation was the one they had at the attorney’s office on the day the deposition had been cancelled months earlier. This obviously changed everything, and the possibility of continuing on the job if the parties consented to it after a full disclosure was now gone. She knew she could not continue transcribing the recording. She immediately contacted the agency and told them what happened. The agency retrieved the recording and sent it to another transcriber. The interpreter was paid for the work done even though the agency knew that they would never use the transcription. The real problem for the interpreter was that she did not know that she had been recorded and she wondered why this had happened, what they were going to use the tape for, and what she should do about the whole situation. She did not even know if the recording was legal or not.
The recording was related to the case where she had been hired to do the cancelled deposition; she knew the attorneys involved, and she had heard that they both practice law very aggressively. She felt bad and she felt cheated. The interpreter thought that this strategy had been sleazy and perhaps illegal. Her first impulse was to contact the judge in the case and let him know that she had been recorded without her consent. Something had to be done.
Fortunately, she waited and thought it over. Without revealing any names or details of the case, she consulted an attorney and learned that in her state, as long as one of the parties to a conversation is aware of the recording, and she consents to it, the rest need not know or consent for the recording to be legal and even admissible in court. Based on this, the interpreter did not go to the judge or anybody else. She had no legal standing and no law had been broken by the attorney who ordered the recording. In fact, she realized that she could not even disclose any of these facts to anybody else because of the interpreter duty of confidentiality, which cannot be broken unless a crime was committed or may be committed unless the interpreter speaks. Going to the judge would have been the wrong thing to do because she really had nothing to report. She learned a valuable lesson after this case because she understood that in an adversarial legal system, the attorneys may do things that we dislike, but as long as they are legal, they are allowed to do them, and we should not get involved or judge the legal strategy.
On the second case I will now share with you, I was interpreting in a plea hearing many moons ago. The defendant was going to enter a plea of guilty to a federal offense. I was working for the court. I arrived to the courtroom about fifteen minutes before the hearing, which was customary at that courthouse, I let the clerk know that I was there, and I sat down to wait for my case. The defense attorney arrived about five minutes later and asked me to help him with his client. He told me that the defendant, who was in detention, was already in the holding cell, and that he needed to talk to him for a few minutes before the judge came out for the hearing. As many of you know, this happens all the time in federal court in the United States, so I agreed and off we went next door to the holding cell. The moment we arrived I realized that the defendant spoke some English and understood many things; however, he was far from being fluent, and definitely needed an interpreter for the most complex legal concepts. As soon as we greeted the defendant the attorney started this, in my opinion, self- serving speech telling his client (the defendant) how hard it was to get him the deal with the prosecution, and that this was his chance to bring the case to an end by just pleading guilty to the charge in the plea agreement. Then the attorney “asked him” but in reality told him “the agreement is almost identical to the version you already saw before when I went to see you with the other interpreter, remember?” and “…the judge is going to ask you if you were interpreted the new version by a certified interpreter and you are going to say yes because if you don’t, then the judge will continue your case for another day, maybe in a month or two, and you will have to sit in jail all that time waiting to come back in here. All of it for a document that practically says the same that the one that was interpreted to you before. Do you understand?” Of course I interpreted all of this to the defendant and he said yes. Next, the attorney told his client that “… when the judge asks you if you have any questions you need to say no, unless you have any questions, and if that is the case we will have to come back before the judge in the future, and he is going to ask you if everything was interpreted to you into Spanish and you will say yes because as you remember we went to the jail and the interpreter interpreted everything, including your questions, right?” The defendant said “yes.” The attorney continued: “…Well then, let me ask you right now: has the plea agreement been explained and interpreted to you in Spanish?” The defendant answered: “yes.” The lawyer continued: “…Has your attorney answered all of your questions with the assistance of an interpreter” The defendant: “yes.” Finally the attorney added: “…Do you have any questions at this time for the judge, for me, or for anybody else about your case, charges and plea you are about to enter?” Once again the defendant said “no.” “…Great” said the lawyer; and added: “… So you know why you are answering the way you are right?” The defendant: “Yes, so I can go to prison sooner.” Attorney: “…and, even though we didn’t interpret the latest version of the agreement, since we went over another version that was practically identical, you will tell the judge that we did right?” Defendant: “Yes, I will tell him that you explained everything to me through the interpreter, and in my mind you did, and I really believe so, and I have no more questions. I know what I am doing and I just want for all of this to be over.”
We went in front of the judge who asked the very same questions. Both, the attorney and his client answered almost with the same words as they had used in the holding cell. The judge entered the conviction and the defendant left very happy with the outcome of the hearing, on his way out he told his attorney: “…thank you very much. You are a great attorney. You know what you need to do for the benefit of your client. I will send you clients…”
Although the attorney and the defendant did not lie to the judge because they phrased everything very carefully, thus avoiding breaking the law, and despite the fact that the attorney had fought for, and vigorously defended his client’s best interest, which was to go to prison as soon as possible so he could start some treatment not offered by the jail, I left the courtroom feeling a little strange. I knew there was nothing for me to do since no laws were broken, and everything had been legal strategy between client and attorney discussed in confidence and under the protection of the client-attorney privilege, but it took me a couple of hours to get over it; you could even argue that I did not get over this case since I am still telling the story so many years later, but the truth is that yes I got over the case, and the reason why I am sharing the story with all of you now is because both the defendant and the attorney have since passed away, so there is no privilege anymore.
I would like to invite you to share similar stories or comments about things you have done or were tempted to do when in your opinion an attorney did something sleazy.
July 4, 2014 § 2 Comments
It seems to me that every year around the 4th of July I get the same question from friends and colleagues: What do you say when you are interpreting an event and the speaker brings up the 4th of July? Sometimes they refer to this event as the revolutionary war; sometimes they call it the war of independence, and to some it is just the American revolution. Which one is the correct term to describe what happened in the United States of America at the end of the 18th century?
Those of you who know me personally have seen how much I like history, so this is an issue that I have studied and researched in the past. We should start by going to the dictionary to see what the difference between the terms revolution and independence is. According to the Oxford dictionary, a revolution is: “A forcible overthrow of a government or social order, in favour of a new system.” It also defines it as: “A dramatic and wide reaching change in conditions, attitudes, or operation.” Webster calls it: “A total or radical change,” and “A fundamental change in political organization, or in a government or constitution; the overthrow or renunciation of one government, and the substitution of another, by the governed.” Oxford defines independence as: “The fact or state of being independent,” and independent as: “Free from outside control; not depending on another’s authority.” Webster tells us that independence is: “(the) freedom from outside control or support,” and also as: “The time when a country or region gains political freedom from outside control.”
The American revolution (or war of independence) was the very first of its kind. It emerged at a time when most of the world was ruled by monarchs, and most of the people were confined to a place in society they had inherited and could not leave. It was also a movement led by wealthy intellectuals who organized, debated, compromised, and reached decisions by majority of votes.
The American movement was triggered by resentment of the economic policies of Britain, particularly the right of Parliament to tax the colonies, and by the exclusion of the colonists from participation in political decisions affecting their interests. This has come to be known as “taxation without representation.” After the end of the costly French and Indian War of 1763 the British Crown needed money, so it imposed new unpopular taxes such as the Stamp Act and the Sugar Act, as well as trade restrictions on the colonies. For over a century the colonies had been fairly unattached to the Monarchy because of geography and religion. The people of the 13 colonies had made a life with very little help from the British monarch who now wanted even more of the colonists’ hard earned money, fueling growing resentment and strengthening the colonists’ objection to their lack of representation in the British Parliament.
Determined to achieve independence, the colonies formed the Continental Army, composed chiefly of minutemen, to challenge Britain’s large, organized militia. Following disturbances such as the Boston Tea Party of 1773, the war began when Britain sent a force to destroy rebel military stores at Concord, Massachusetts. After fighting broke out in 1775 in Lexington and Concord, rebel forces began a siege of Boston that ended when the Americans forced out the British troops in 1776 during the battle of Bunker Hill. The Crown’s offer of pardon in exchange for surrender was refused by the Americans, who declared themselves independent on July 4, 1776. British forces retaliated by driving the Continental Army of George Washington from New York to New Jersey. On December 25, Washington crossed the Delaware River and won the battles of Trenton and Princeton. After winning the battle of Saratoga, Washington quartered his troops through a terrible winter at Valley Forge, where they received the military training that gave them victory in Monmouth in 1778. British forces in the north were concentrated near New York, and France, which had been secretly furnishing aid to the Americans since 1776, finally declared war on Britain in June 1778. French troops assisted American troops in the south, culminating with the British surrender in 1781, bringing an end to the war on land. War between Britain and the U.S.’s European allies continued at sea. The navies of Spain and the Netherlands contained most of Britain’s navy near Europe and away from the fighting in America. The last battle of the war was won by the American navy in March 1783 in the Straits of Florida. With the Treaty of Paris on September 3, 1783 Britain recognized the independence of the U.S. east of the Mississippi River and ceded Florida to Spain.
This would be the story of a successful war of independence like many others throughout history. However, the military campaign is only part of what happened in America in 1776. Perhaps the most important event of the war of independence happened in a Philadelphia hall, away from the battlefield.
You see, unlike other nations that have obtained their independence from a foreign power, the thirteen original colonies were not a single entity. This was not a country trying to be independent from another. These were thirteen distinctively different peoples; they had different economies, different religious practices, different geographical circumstances, even different ethnicity. Unlike other independence movements, this was a decision made by a population with very little ties to their European monarch. Spanish and Portuguese nobility established in the rest of the Americas, they were governed by a king through a viceroy. The thirteen colonies had none of that. The immigration to what is now the eastern United States consisted of laborers, farmers, people who had been oppressed and persecuted by their European government. ) We can now see a similar situation with some of the 21st century immigration into the United States from Latin America). These people owed nothing to the crown. Ignored by the Crown, they took advantage of that freedom and successfully built a country where hard work and creativity gave them a lifestyle unimaginable for them in Europe. Two kinds of Americans participated in the movement of independence: the common hard-working individual who knew that it was wrong to give his hard-earned money to the British Monarch who had done nothing for him, and the well-educated, wealthy American segment of the population who were able to articulate this general desire shared by all Americans, and produce a blueprint for a government never seen before where all thirteen colonies, now states, would keep their independence while at the same time would unite with the other colonies for two fundamental purposes: to defend themselves from more powerful foreign nations, and to facilitate commerce and free trade among the thirteen states. They designed a system of government as far away from the powers of the monarch, with a very limited role for the government, with a divided power for checks and balances, and with an inverted pyramid structure where the government closes to the people would have more power than the government more removed from the American citizens. They elaborated this master plan in order to achieve three goals: the protection of life, liberty, and the pursuit of happiness; and they made it clear that the government would never be able to take any of that away from the people because the people created the government to serve it, because no authority or power, or rights ever came from the government; they made it clear that all this inalienable rights came from a higher power, by the Creator. In doing so, they doomed all potential tyrants for eternity, because in the United States the government gave nothing to the people and therefore, it cannot ever take it back. It is true that in 1776 blacks were considered property, and women and also men who did not hold land could not vote. It is true that it took an even bloodier war to eliminate slavery, and another century to begin a process of true equality; it is a work in progress; but the Declaration of Independence and later the Constitution and the Bill of Rights are the true American revolution.
Therefore, my friends and colleagues, when asked the question is it the American Revolution or the War of Independence, you should pause and remember that it was a military war of independence because it severed the ties between the United States and the British crown, but it was also a revolution because it went far beyond breaking away from the monarch, it created a brand new system with a limited role by the government, with checks and balances, and with the triple goal of protecting life, liberty, and guaranteeing the pursuit of happiness to all those in the United States. Therefore, as you answer the question, remember John Hancock, the president of the Continental Congress in Philadelphia, signing his name at the bottom of Jefferson’s master piece, with huge letters so that King George III “could see it all the way across the ocean” and answer that it depends on what you are addressing: the military movement or de fundamental change in government; and if they ask you for a term to describe it all, then in my opinion you should say: The revolutionary war. Now I ask you all, limited to the question posed in this post, to share your opinion and comments about this issue.
June 26, 2014 § 4 Comments
I have struggled with the issue of how to refer to a growing number of our colleagues whose work mainly takes place in hospitals, clinics, or medical and dental offices. Their primary function is to enable communication between a person who does not speak the language of the land and a healthcare provider: physician, dentist, nurse, psychologist, paramedic, and other support staff. As you all know, this area of interpretation has been around for some time, but it has just become formally regulated in the recent past. Because of globalization and its migration consequences, now many countries experience the need to have somebody to bridge the gap of communication that has developed between native speakers and immigrant communities. These developments have augmented the need for court interpreters, legal translators, school interpreters and many others; the healthcare field has not been an exception; in fact, this is the area where we can appreciate the most dramatic changes to the old “business as usual” format. Unlike other interpreting specialties, like conference, military and court interpreting, which have been around for a long time, these new service providers just organized a few years ago. Great efforts and devotion on the part of some individuals have produced important results like the creation of professional associations, the adoption of ethical and professional responsibility canons, and the development of certification programs and examinations. This is truly admirable.
There are two organizations in the United States that have emerged as standard-bearers of this profession: The International Medical Interpreters Association (IMIA) which endorses the National Board of Certification for Medical Interpreters exam, and the Certification Commission of Healthcare Interpreters (CCHI).
Keeping in mind the services provided by these professionals (based on the organizations’ websites, several hospitals’ information, and conversations with many of my esteemed colleagues) I reviewed all information I could find on the two certification exams that test English, professional conduct and ethics. To a lesser degree they test some medical-related vocabulary that a true bilingual individual should know, without any medical or pharmacological terminology studies, and they include very short paragraphs, or vignettes as one of the test refers to them, where patient and healthcare provider communicate regarding the symptoms that the non-native speaker is experiencing. The dialogue is an everyday conversation at a moderate to low register. Finally, I also noticed that the main part of the score overwhelmingly goes to the consecutive interpretation, leaving simultaneous and sight translation at about 10 to 15 percent each.
I am convinced that the work these colleagues do is essential to the healthcare industry and well-being of those individuals who otherwise would see their chances of receiving appropriate services diminished by reason of the language they speak. Nobody is disputing this. I also applaud the conditions under which they constantly work in hospitals, emergency rooms, and urgent care facilities where people perform under great stress. The writing of this post was simply motivated by my need to find a term I can feel comfortable with when referring to my colleagues, but before I am ready to form an opinion I should also consider what the rest of the world is doing and saying on this issue.
In Europe the services performed by our medical interpreters are part of what is known as public service interpreting or community interpreting in some countries. This public service interpreting also covers legal interpreting but not court interpreting as I will explain in a moment.
Public service interpreting refers to those services provided by an interpreter to help two individuals who speak different languages so they can communicate regarding everyday affairs, personal issues, including important topics, in cases when individuals who speak the same language would usually speak for themselves, but in this particular situation, because of the language difference, and cultural considerations, an interpreter is needed.
My dear friends and colleagues, conference interpreters provide their services to make it possible for individuals who do not speak the same language to communicate, by interpreting almost exclusively on the simultaneous mode, complex information at a high register. Their audience is usually formally educated. Court interpreters provide their services in cases when one or more individuals do not speak the language employed in court, to make it possible for officers of the court, litigants, jurors, and others, to communicate on the simultaneous, consecutive, whispered, and sight translation modes, everyday information, complex legal concepts and terminology, and expert witness testimony, at a variety of register levels.
Now I ask you to contrast these job descriptions with the job that public service interpreters such as school interpreters, welfare services interpreters, church interpreters, and community organization interpreters do. These professionals (and sometimes paraprofessionals that may include a family member) provide their services so that individuals who do not share the same language can communicate about important everyday matters such as parent-teacher conferences, services provided by religious organizations, and dealings with government agencies at the customer service window or over the phone. This work is almost exclusively performed on the consecutive mode, unlike court interpreting, and there are no formal rules to keep the interpreter from asking questions and give explanations to facilitate the communication. The main objective is to bridge the language gap without any consideration for rules of evidence or procedure. These interpreters can interrupt the parties and ask them to speak slower or in shorter sentences. While conference and court interpreters work with complicated and sometimes rarely used words as part of their everyday job, public service interpreters work with common vocabulary; not simple words, but words that anyone with a certain level of formal education, regardless of any interpreting training, should know.
This explains why we occasionally see conference interpreters in the courtroom and court interpreters in the booth. It also explains why conference interpreters, and not medical interpreters, interpret medical and pharmaceutical conferences; and why court interpreters, not medical interpreters, interpret the expert testimony of a pathologist or other medical professional during a trial.
I mentioned earlier that there was a difference between court and legal interpreters in many countries, and why the latter are considered public sector interpreters: A court interpreter provides her services in a formal court setting and during out of court events that are related to a current or future court or legal proceeding. A legal interpreter assists an individual who needs help with his dealings with the authority, such as getting a driver’s license, applying for government benefits, or requesting government documents. These interpreters are clearly outside the scope of the very strict canons of ethics and professional responsibility that govern the activity of court interpreters. Just as we may encounter a conference interpreter in court or a court interpreter in the booth, we may find a school interpreter or a medical interpreter in a government agency assisting a foreign language speaker with some excruciating government administrative process. I hope the example clarifies the issue, but I also ask you to look at this very carefully, because there are some who would like to assimilate the services provided by a court interpreter outside a courtroom to those of a public service or community interpreter; they would argue that these services are “legal” and not court services. They are wrong.
They are wrong because the terminology of legal versus court interpreter that was valid in the past does not apply to our globalized world. When most countries had a written legal system there was very little work for a court interpreter. In those days legal translators did most of the court work because everything was done in writing. Legal interpreters were then relegated to in-office interviews and customer service windows. If you consider that migration was less popular than it is now, then you would have a very low demand for court or even legal interpreters. Lack of migration did not impact legal translators who had to translate official documents, contracts, deeds, and many other written statements that originated within the other country. At the time the legal interpreter was really a community or public service interpreter. That reality is so different from ours. Presently, an interpreter who works before an administrative law judge, such as an immigration court, workers’ compensation court, or social security court, is subject to the same ethical and professional rules as the court interpreter who appears before a traditional court. The fact that some jurisdictions allow for non-certified or licensed interpreters to provide their services in administrative law courts does not mean that community interpreters should do the job. These courts still abide by rules of evidence and procedure, the interpreter has to act as if working before the traditional judiciary, the job must be done at a higher register, with specialized complex legal terminology, and on a simultaneous interpreting mode that does not allow to stop the procedure so the interpreter can request the litigants to slow down, or a consecutive rendition where the interpreter cannot ask the parties to speak in shorter sentences. The same can be said for civil depositions, jailhouse visits, and the transcription of wiretaps. On the other hand, those individuals who are appearing before the motor vehicle office are better off employing the services of a community interpreter because this professional knows more about handling situations where the interpreter has the freedom to step outside the box to achieve communication between the parties.
After considering all of these concepts and possible scenarios, and after reviewing the materials I have mentioned before, I understand that there are arguments to be made for the term medical interpreter, but I just do not believe that in my book that would be accurate. I think that the appropriate and accurate way to describe this very important segment of our profession is the one adopted by the Certification Commission of Healthcare Interpreters (CCHI). For this reason, I believe that we should call our colleagues Healthcare Interpreters instead of Medical Interpreters. Please let us all know your comments on this issue that to some may seem irrelevant, but is actually very important.