What we learned as Interpreters in 2023.

Dear Colleagues,

Now that 2023 ended and we continue to find our way in the “new normal,” it is time to assess what we learned during the past 12 months.  As interpreters we are constantly learning, and from talking to many of my friends and colleagues, the year that just ended was better than the previous years because it finally revealed what our profession will be like, at least, for several years.

Last year was the year when we finally got over the pandemic as the adjustments of the last couple of years have turned into settled reality. Interpreting continues to be affected by modernity and technological developments that happen so fast that sometimes it is difficult to learn them, digest them, and embrace them. This constant change has no doubt contributed to market uncertainty, and aggressive, ethically questionable practices by some language service providers.

2023 showed us how conference interpreting will now be in any of three modalities: in-person, remotely, and hybrid without surprising anyone. We can now expect a certain modality depending on the type of client, event, and subject matter. This has forced us to be more flexible and accommodating than ever before. Working from home and hubs is here to stay, with the latter being very popular in some markets and almost nonexistent in others. In the year that ends, most working interpreters continued to develop their technological skills and knowledge. Because knowing what to expect most of the time, and because learning and adapting is always good, these were the brightest highlights of the year.

Unfortunately, as it happens every year, not everything was good. The new reality continued to foster and bring along unfairness, abuse, and deception. The same changes that helped us adapt to the post-pandemic world, created the right circumstances to harm our profession.

As it has happened throughout history, today’s changes have brought a wave of bad practices that financially benefit some of those with the loudest voice while hurting conference interpreters and the users of their service. Some unscrupulous merchants have over-emphasized the benefits of Chat GTP and artificial intelligence; There are interpreting services providers who have ignored ethical and professional considerations, and have claimed that platforms and AI can interpret a conference at a quality level close to the one a human professional delivers. By omitting the shortcomings of the current artificial intelligence, failing to disclose that most algorithms have been developed for the English language, and have an immensely long way to go to bring all other languages to that same level; and by benefiting from intellectual property obtained by questionable practices, these entities that came from outside the profession and are managed by some who do not know what we do, are confusing the clients and left us no choice but to expose all of their irregularities and incomplete truths, thus protecting the profession and the clients.

Some of the same providers, and many others not exploiting AI yet, continue to hire inexperienced, unqualified individuals, often from other fields of interpreting, who provide a lower quality service under very poor conditions, in exchange for a ridiculously low fee. By recruiting these interpreters and diverting the clients’ attention to artificial intelligence and interpreting from home at a low price, these agencies, platforms, and individuals continuously harmed the market in 2023.

Some unprincipled providers continued to offer insulting fees paid by the minute or by the hour. It is now common practice to attend a professional conference and find remote interpreting platform representatives luring university students and recently graduated interpreters to work for the platform for free or for a scarce pay, with the excuse they are helping them by letting them “practice” with their platform. I have now seen this practice for several years.

2023 saw some progress on the way interpreters use professional social media. It still is a self-promoting infomercial by the big service providers where unsuspecting colleagues harm their image and reputation daily by bragging about working for these low-paying, ethically questionable, providers, but more interpreters are now aware of the image the project by joining these practices, and they have stopped.

Going back to the positive, I congratulate those professional associations that held their conferences in person or as hybrid events. A special mention to OMT for its spectacular conference in Guadalajara, Mexico, and for returning to the International Book Fair (FIL). AITCO held a successful third Africa International Translation and Interpreting conference in Mombasa, Kenya, and will have the fourth edition in Kigali, Rwanda in early 2024. NAJIT and ATA also gathered in big conferences in as Vegas, Nevada and Miami, Florida respectively; but my biggest congratulations go to Colegio de Traductores Públicos de la Ciudad de Buenos Aires (CTPCBA) for its fantastic VII Translation and Interpretation Latin American Congress, in Buenos Aires, Argentina, in April, to commemorate the 50^th. Anniversary of the Colegio. Organization, presentations, workshops, quality of the speakers, and the interpreting services were second to none. I enjoyed the congress and it left me wanting to attend the next one. Finally, my recognition also goes to all smaller associations with conferences in-person. Regardless of the conference you attended in 2023, they were all special, as they were conceived, planned, and executed by voluntaries who love their profession and the professional associations they belong to. They will all be unforgettable.

In 2023 the International Association of Conference Interpreters (AIIC) celebrated its 70th. anniversary with professional and social events throughout the world, including a wonderful celebration in Brussels where I had the opportunity to congratulate many of my dear fellow conference interpreters. AIIC-USA celebrated with local events in Chicago, Washington, DC, and Miami.

Another wonderful gesture that showed professional solidarity is the continued effort by many professional associations and individual interpreters to volunteer their services to assist the people from Ukraine, both inside their country and abroad. During this unfair invasion of a peaceful nation, and by participating in relief efforts after many tragedies worldwide, once again interpreters showed their humanity and solidarity. We proved to ourselves once again that interpreters are resilient, able to adapt to adversity to survive, and good humans. We now face another year in this new normal; It will be full of adjustments, challenges, and opportunities that all interpreters will face with our resiliency, adaptability, and courage. Let us all focus on the good things to come while we guard against the bad ones. I wish you all a prosperous and healthy 2024!

Are you tired of those talking about technology replacing interpreters? I am, and that mindset is hurting the profession.

Dear Colleagues:

For months we have been reading, watching, and listening to a myriad of individuals in countless events talking about Chatbot and AI, explaining (sometimes not very well) how they function, what they can do, and, depending on who you are reading or watching, how they will eventually take over our profession, or how they never will. Go back to the beginning of the pandemic and the same was happening with RSI and the dedicated platforms; In fact, if you also happen to be a translator, which I am not, your environment has been more polluted and for many more years with MT and post editing.

Everywhere we go, conferences, interpreter association meetings, the chat in the booth, even social events, you get the impression that people are paranoid and frankly afraid of the future; the word “technology” spells gloom and doom. A chill permeates the room every time someone says it. People talk of quitting the profession, losing income, being replaced by Hal from the “2001” movie or Rosie from “The Jetsons”. And even with these uncomfortable feelings and thoughts, we continue to attend these conferences and webinars, listen to the so-called experts, and voice our opinion on how we will face and defeat technology, or where we will play golf during our early retirement.  

Even though I have never feared technology, and without being an ignorant, I have not studied all tech developments in depth, and despite feeling uneasy when they spoke the “T” word, I went to these gatherings and voiced my opinion about specialization, having two markets in the new world of interpreting, etc., until recently when a talented colleague nailed it on the head. Sharing the same frustration and sensing we were going nowhere with this practice; she made a comment that changed my vision of our professional present and future thanks to a mindset change.

“Every time someone brings up the word technology, they do so in a bad connotation, it triggers fear, negativity, and despair. Long ago I discarded the word and its bad, negative meaning, and replaced it with the word tools.”

I thought about it for a moment and then it clicked: She was right. Because of the harm we have caused to the word technology as it relates to our profession, we need to change our focus from the negativity of the damage technology is inflicting in our careers, and move on with a fresh perspective of hope and motivation.

Let us quit talking about technology, its advances and how it takes over more of our functions as interpreters, and refocus on how AI, Chatbot, search engines, distance interpreting platforms, and other advances of the 21^st. century are the tools that let us be more productive, creative, safe, eco-friendly, selective of the work we accept, and bring us closer to a higher standard of living.

Tools have been with humans since prehistoric times, they have always been our friends, instruments to assist you in the performance of all tasks more efficiently, and tools are subordinate and controlled by humans.

Today, tools help us research a topic instantaneously and without moving away from our desks; we can extract terms from complex, lengthy documents, and develop glossaries in record time; we can share them immediately with our team members; Distance interpreting allows us to work from a safe venue when pandemics, natural disasters, or wars are happening outside our homes. Technology is helping us reduce our carbon footprint as a profession and individually as members of society; and because of these tools we do not spend our days commuting to work anymore, or interpreting basic, unprofitable assignments we can now leave to a robot, leaving to ourselves the time saved in commuting, researching manually, etc. hours, days, and weeks we can now spend improving our lifestyle and elevating the quality of our lives.   

I now use all these tools to my benefit, and listen to the technology gurus who tell us when these applications and machines will kick us out of our profession no more.

Only work with experienced conference interpreters.

Dear Colleagues:

Because the quality of the service we provide, and our success as professional interpreters are essential to remain relevant in a crowded market, we must protect them both at all times.

Our reputation and credibility as interpreters are exposed to many risks every time we interpret; some of these risks are at least partially beyond our control, but many others can be avoided if we do our due diligence. For those totally or to some degree out of our control, like earthquakes, hurricanes, terrorist acts, poor national infrastructure, and similar occurrences, we can take precautions, choose our assignments wisely, and hope for the best. To avoid or minimize all other risks we should act professionally.

Deciding if we are knowledgeable enough, or if we have time to prepare for an assignment before accepting a job, approving the interpretation equipment to be used, location of the booth, work conditions, and even the right client, are all decisions we can, and should make every time we interpret a conference; our credibility depends on how we approve or reject these factors that will produce a good rendition instead of a disastrous interpretation. Another decision of enormous consequences is the selection of our boothmate or boothmates.

Because we do not provide our professional services in isolation, all team members in the booth must deliver the same quality level, while working harmoniously before and during the event. Research, assignment of tasks, glossary development, deciding the active interpreting shifts, and booth etiquette in general, are as essential as an accurate, clear, complete and pleasant delivery of a speech. Picking your boothmates has never been easy. Globalization, distance interpreting, and the arrival to the market of some new players with a “uberization” model that handles interpreters like commodities instead of professional service providers made the process murkier.

Today, interpreting services’ users could be retaining paraprofessionals, and in many cases, paying for interpreters in the booth that make a living interpreting, but are not conference interpreters. Out of necessity when assignments went away during the pandemic, and thanks to the convenience of remote interpreting which gave many individuals the courage to work as conference interpreters shielded by a platform, the backing of an unscrupulous agency, and many kilometers between the event to be interpreted and their computer screen, the conference market received many public service interpreters, skilled at what they do, but lacking the required knowledge needed to interpret from the physical or virtual booth. Conference interpreters started to hear how clients offered to speak slower, cut their sentences short for consecutive interpretation, pay assignments by the hour, received requests for same day conferences, and were offered historically low fees.

Technicians, event organizers, and old clients also shared with their long-time trusted conference interpreters how the renditions were not always clear, or complete, and how the interpreters would show up unprepared and speak so fast nobody could understand what they were saying. Up to this sad moment, we would tell clients they could avoid these issues by retaining the services of professional, experienced, conference interpreters, ideally of those belonging to a professional association of interpreters, not an association of translators, as most interpreters who are members of these associations practice public service and not conference interpreting. The real problem started when some event organizers, platforms, agencies, and negligent interpreters, started to put together mixed booths with one conference interpreter sharing duties with one or more interpreters from outside the conference field.

Those complains of incomplete rendition, speaking too fast, too literal, without decalage, were directed to the team in the physical or virtual booth, and that included the experienced conference interpreters who did a good job. Unfortunately, their client could not separate their rendition from their boothmate’s.

At the same time, another important risk was showing its face for the first time: Some experienced conference interpreters refused to learn, or had a difficult time learning the technology needed to work remotely. Even when they had prepared for the assignment, and had interpreted the same event in person many times, they could not be heard because they would not open their microphones, would arrive late to the virtual booth because they could not figure out how to connect to the event, could not take their shift as active interpreters because they forgot how to do it, or simply would drop the call. This became a serious problem because now conference interpreters were also risking their reputation when working with trusted, experienced conference interpreters who were computer illiterate. At the same time, younger individuals, with a college degree in conference interpreting, were entering the market with a new set of credentials: solid interpreting skills, lack of experience as conference interpreters, deep knowledge of technology as a life-long skill instead of an acquired skill as it is the case of older interpreters like myself.

After observing how the market had changed since 2020, and acknowledging the old and new risks we face every day, I concluded that the only way to protect ourselves and keep our clients’ trust was to carefully select those who I share the (physical and virtual) booth with. I decided to only work with experienced conference interpreters, and in today’s globalized world, where in some countries with a large immigrant population, government officials and opportunistic agencies are industrially creating public service interpreters who possess a light version of the very basics of the profession, and after a short time, they start booking them to “interpret at conferences”, in my opinion, experienced conference interpreters are those who have worked as conference interpreters for a long time, those new conference interpreters with a degree, no experience in the booth, but with deep knowledge of RSI and technology in general, and those who have experience and have learned the technology. When there are several interpreters with similar credentials, I always choose those who belong to an international or domestic conference interpreter association such as AIIC.

You see, my experienced conference interpreters in the booth can be veterans of many years or newcomers to the profession.

What we learned as Interpreters in 2022.

Dear Colleagues,

Now that 2022 ended and we finally got back some normalcy in our lives after the long confinement, it is time to assess what we learned during the past 12 months.  As interpreters we are constantly learning, and from talking to many of my colleagues, 2022 was better than the previous two years. It was a year of some change and many adjustments to a new professional lifestyle.

Last year was the year when we were boosted to continue the fight against Covid. Sadly, some of our colleagues, among them great interpreters, continued to leave the profession overwhelmed by technological changes, market uncertainty, and aggressive, ethically questionable practices by some language service providers.

2022 was the year when our profession finally settled in our new professional model of hybrid and in-person events with a constant and steady presence of distance interpreting assignments. It also became evident that remote interpreting from a hub will stick around as a popular choice in some parts of the world, but the home interpreting practice without colocation will reign supreme in many regions, especially where interpreters are scarce, technological infrastructure is poor, or market conditions have rejected the hub model. In the year that ends, most working interpreters became knowledgeable and technologically savvy, and incorporated technology to their continuing professional development permanently. Because learning and adapting is always good, these were the brightest highlights of the year.

Unfortunately, not everything was good. Change continued to bring along unfairness, abuse, and deception. The same changes that helped us adapt to the post-Covid world, provided the right circumstances to harm our profession.

As it has happened throughout history, today’s changes have brought a wave of bad practices that financially benefit some of those with the loudest voice while hurting conference interpreters and the users of their service. Some distance interpreting providers have ignored ethical and professional rules by welcoming inexperienced, unqualified individuals, often from other fields of interpreting, whose main credential is to provide interpreting services for a ridiculously low fee and to do it under very poor conditions. By recruiting these interpreters and diverting the clients’ attention to technology instead of service quality, the post-pandemic market continued to offer conference interpreting on-demand: interpreters on standby, willing to start an assignment with a couple of hours’ notice, without time to prepare, often working alone from their home thousands of miles away, and doing it during the night. Some unscrupulous providers continued to offer insulting fees paid by the minute or by the hour. It is now common practice to attend a professional conference and find remote interpreting platform representatives luring university students and recently graduated interpreters to work for the platform for free or for a scarce pay, with the excuse they are helping them by letting them “practice” with their platform. I have now seen this practice in three continents.

2022 continued to change the way we use professional social media. It still is a self-promoting infomercial by the big service providers where unsuspecting colleagues harm their image and reputation daily by bragging about working for these low-paying, ethically questionable, providers.

Going back to the positive, I congratulate those professional associations that held their conferences in-person or as hybrid events. This will be the new normal for professional conferences. A special mention to ITI for its spectacular conference in Brighton. This live event in the U.K. was my first in-person conference since 2019. OMT in Guadalajara, and NAJIT in Florida held big, high-quality conferences using creativity, technology, and thinking of their members’ health. FIT and ATA also gathered in big conferences in Varadero, Cuba, and Los Angeles respectively, and they welcomed colleagues from all over the world. My recognition also goes to all smaller associations with conferences in-person. Regardless of the conference you attended in 2022, they were all special, as they were filled with the human warmth that seeing, hugging, and talking to friends and colleagues after all this time generate. They will all be unforgettable.

Another wonderful gesture that showed professional solidarity was the decision by many professional associations and individual interpreters to volunteer their services to assist the people from Ukraine, both inside their country and abroad. Once again, interpreters showed their humanity and solidarity in the face of this terrible and unfair invasion of a peaceful nation. We proved to ourselves once again that interpreters are resilient, able to adapt to adversity to survive, and good humans.

We now face a year with less uncertainty, full of adjustments and plenty of changes and opportunities. Our resiliency, adaptability, courage, and recognizing that even after the worst days of the pandemic, many things have changed, but many others stayed the same. Let’s all focus on the good things to come while we guard against the bad ones. I wish you all a prosperous and healthy 2023!

The very real dangers of Remote Simultaneous Interpreting from our home.

Dear colleagues:

The idea to write this piece came almost a year ago when talking to some interpreters I noticed a growing tendency to quickly move the still very young remote simultaneous interpreting (RSI) from the studio to the interpreters’ homes. I conversed with many of my colleagues throughout the world, attended conferences where the topic was discussed, spoke with clients, event organizers, and I also had long, detailed conversations with lawyers and people from insurance companies.

RSI is a true achievement of science and technology, combined with interpreting expertise by some prominent interpreters. Many of its more serious technological issues have been solved, and we are at a point where quality interpreting can be delivered remotely when done as many of my colleagues and I understood it was supposed to be done.

My personal experience, and that of other trusted interpreters, show Interprefy and Kudo (which I have not tried yet) as the most user -friendly platforms, and technology is not the only reason. These platforms were carefully developed with great input from experienced professional interpreters whose comments, suggestions, and opinions were essential to the final product. Unlike others, from the beginning, the people behind these platforms understood RSI was a different way to deliver professional interpreting services; they recognized that quality interpreting can only be delivered when interpreters interpret under the most favorable conditions. Their success depended on getting the best human talent, optimal working conditions, and the best support team. They presented a serious, viable alternative to in-person interpreting by creating RSI studios where interpreters could work in a booth, as a team, and with the required technical support. This was a great idea and positive results came in in both cases. Up to here, everything was on the right path, with perhaps a few wrinkles to be ironed out, and we will talk about them in a moment, but with some of the biggest issues already addressed.

Unfortunately, sometimes greed, overconfidence, or lack of knowledge can cloud even the most successful vision, and it is happening now with these and other platforms: For all, or some, of the reasons above, those in charge of recruiting talent, or organizing events, are encouraging RSI from home.  The idea of the studio where interpreters would work as a team sitting side by side in a virtual booth at a facility where technical support would be available has moved aside to leave a prominent place to remote simultaneous interpreting from the interpreters home or office.

I have attended conferences and other events where RSI platforms and agencies are actively recruiting interpreters from countries with emerging economies to provide remote simultaneous interpreting services from their homes. These colleagues are told of the professional and economic personal benefits of working big events, often otherwise inaccessible to them because of geography, by setting up a “studio” in their own house. They hear all they need is a highspeed internet connection, a professional quality microphone and headset, a computer, and two good screens. Sometimes they are told to condition a house room to be soundproof, which they are told, would be easy and inexpensive. These colleagues are offered fees well below those charged by interpreters in developed markets.

The above proposal is enticing and it sounds great to many interpreters all over the world. Some think of a little corner in their house that can be turned into their home studio; others believe that they are good at repairing things, or they know a lot about computers, so setting up their hardware would be a piece of cake. All that may be true, but it is like the worm on the fisherman’s hook, it looks good, but it also brings all kinds of hidden dangers to the individual interpreter. Let me explain:

The first thing interpreters considering RSI need to understand, and this also applies to those who only work at the RSI studio, is this is a new kind of interpretation. It is not conference interpreting, even though they both share many things as far as preparation and rendition. RSI interpreting requires interpreters do extra tasks they need not perform when interpreting a conference in a traditional booth. RSI interpreters must use a keyboard to communicate with each other, the tech support team, and sometimes the person directing the event. They read messages on their screens and hear things in their headsets traditional conference interpreters do not: “get closer to the microphone”, “do not move around that much because the microphone captures the noise and transmits it to the audience”, “we will run a sound test during the break”, are some instructions RSI interpreters will hear during an event while they are interpreting. They will also have to answer questions from technical support, the person directing/coordinating the event, and other interpreters from different booths, by typing messages while interpreting. RSI interpreting requires interpreters perform more tasks than those they perform when working a conference in a traditional booth. This is doable; interpreters can practice and accomplish these tasks, but the bottom line is that, compared to traditional conference interpreting, these interpreters are asked to do more work. We all would agree that more work = higher pay.

Contrary to interpreting agencies’ talking points, RSI interpreters should be paid more than their counterparts working in person. Agencies and organizers are getting their savings from avoiding travel expenses and setting up equipment at the venue. Interpreters should get paid according to the work they do.

Another issue of great concern to interpreters, not so much to agencies and event organizers, is the risk of acoustic shock. As many of you know, acoustic shock disorder (ASD) is an involuntary response to a sound perceived as traumatic (usually a sudden, unexpected loud sound heard near the ear), which causes a specific and consistent pattern of neurophysiological and psychological symptoms. These include aural pain/fullness, tinnitus, hyperacusis, muffled hearing, vertigo and other unusual symptoms such as numbness or burning sensations around the ear. Typically, people describe acoustic shock as feeling like they have been stabbed or electrocuted in the ear. If symptoms persist, a range of emotional reactions including post-traumatic stress disorder (PTSD), anxiety, and depression can develop. (http://www.hyperacusis.net/other-factors/acoustic-shock-disorder/)

We are talking about losing our hearing! This is a career-end risk that interpreters are not told when offered a job to deliver RSI from home. The dangers of this happening to any of us should not be taken lightly, but when working from an RSI studio, we can demand the best conditions to prevent an event that causes these incidents, and to minimize the impact of the event if it happens. All interpreters should discuss this risk with their clients, and demand the proper infrastructure and hardware to prevent a tragedy, including appropriate headsets for those colleagues without their own. This situation could happen when interpreting at the RSI studio, it could even happen during a traditional conference interpreting assignment, but the risk will be much smaller because the service would be provided in a controlled environment with the appropriate equipment. When working from home, interpreters have no control over these dangers: power supply fluctuations, solar flares, weather-related factors such as electric storms, satellite trouble, internet or telephone system failure, are all risk factors interpreters are exposed to when working at home. Remember: this can be a career-ending event, or at the least a very expensive medical treatment, coupled with loss of income due to a long period of interpreting inactivity due to poor hearing.   Interpreters need to make sure these issues are discussed with their clients and covered in the professional services contract.

There are many other concerns derived from RSI interpreting at home: Interpreters are professionals and they are expected to do their job: Interpreting, researching the subject of the conference, adapting their delivery to cultural considerations to make communication happen between those who do not share a common language. They are also expected to prevent and solve language-related problems that may come up during their rendition. They are neither equipped, nor expected, to deal with technical difficulties or problems derived from the installation or performance of the interpreting equipment, sound system, or any other non-linguistic or cultural issue.  Interpreters are not mechanics, electricians, sound engineers, telephone repairmen, software engineers, or IT experts. Even those who claim to be “amateur experts” do not have to be so. These services are needed to deliver interpreting services, but they are not provided by the interpreting team.

Because technology is so important in RSI, and because interpreters have limitations, the only way to guarantee (to a high degree) a successful event is by delivering the interpretation from an RSI studio where interpreters wit side by side and work as a team, and technical support is on site.

There are other considerations that are as important as the ones so far expressed in this section, that cannot be satisfied to professional quality when interpreting takes place in a house, office or apartment. Interpreters do not have all needed equipment, and even if they think they do, it will probably be outdated. Technology changes so quickly that it would be practically impossible and unrealistic to expect interpreters to keep up with the latest products, and then acquire them at their own expense, and properly install them to be used at the next home RSI event. At home, interpreters are alone, there is no technical support, other than a guy a the other end of the phone line, trying to explain to a lay person how to troubleshoot, diagnose and repair a technical issue while the event is in progress, and the other interpreter takes over the rendition for an uncertain period, with all its unwanted consequences due to mental fatigue and additional stress, until the problem is corrected or the event has to be cancelled.

When working from home, interpreters do not have a boothmate next to them. There is no support/passive interpreter assisting with research, writing down figures, and so on; in fact, to communicate with each other, they must type a message while interpreting, adding another layer to the very complex task of simultaneous interpreting. There is also the possibility of having technical difficulties that may keep an interpreter from taking over when their turn comes up, leaving the original interpreter on the mike for potentially hours. There are also the mental and biological considerations. Because RSI happens worldwide, one interpreter could be working from her home in Tijuana, Mexico while the other could be in Fukuoka, Japan; a difference of 18 hours. One interpreter could be fresh and energetic while the other could be tired and fatigued because she would be working during the night. This differs from traditional interpreting when we travel to the venue and get used to the time change before the rendition. With RSI from home, one interpreter could be sound asleep and then interpreting a complex scientific conference 30 minutes later. This is bad for the well-rested interpreter counting on the exhausted interpreter; it is unfair to the interpreter who just woke up because she is now working during the night after working all day the day before; and it is bad for the client as the rendition will suffer.

One danger from RSI at home concerns national infrastructure. I see agencies and promoters recruiting interpreters all over the world; I have seen them selling the job to colleagues who work with less common language combinations, a very desirable resource to these agencies, but live in countries where the technology and infrastructure may not be at the level needed for a successful RSI job. Power outages are an everyday event in many countries; this would kill an event, or at least, leave one interpreter working solo because the other one will have no way to continue. Outdated telephone systems, sub-pair internet speed, unreliable infrastructure such as poor satellite coverage or cellular phone towers will also kill the event, or at the least deliver a low-quality rendition for causes with nothing to do with the interpreters’ performance.

Living conditions can be a real problem. A dog barking, a neighbor mowing the lawn, kids playing next door, or ambulance sirens from a nearby hospital could diminish the quality of the service.  Unlike an RSI studio, a “sound-proof” home studio by an interpreter is not a professional studio.

Now let’s talk liability. Does the RSI home interpreter’s professional insurance policy cover RSI from home? Until today, I have seen no policy that covers such service; interpreter professional liability insurance policies do not even cover RSI at the studio. Period. The thing is, until there is clear coverage of this professional service, interpreters can argue that RSI at the studio can be equated to conference interpreting from the booth.  Also, just like at the convention center, interpreting from the RSI studio falls under the agency’s or organizer’s liability, not the interpreters’.

This is a real issue and we need to talk to the insurance companies to make sure there is a policy that covers these new modes of interpreting. The premium will be higher, and we need to be ready for that by factoring in the new cost into what we charge for providing our services.

A lawsuit could put you out of business for good, and losing in court because of a power outage , a poor telephone service, slow internet, or a noisy neighbor, while the agency/organizer who transferred this liability to you by getting you to work from home, stays in business would be an injustice.

This problem does not go away, even when interpreting from a different country, half world away from the event. Some countries’ legislation allows the injured party (client) to sue you regardless of where you are from, where you live, or where you provided the service from. The United States is one of these countries. It is a matter of jurisdiction.

The law allows for long arm jurisdiction, so a court, let’s say in the United States, can admit a lawsuit against individuals or corporations not physically within the United States, as long as there is a connection to the country, such as the client, the venue, the agent/organizer, equipment manufacturer, etc. (Becerra Javier. Dictionary of United States Legal Terminology. English-Spanish. Escuela Libre de Derecho 2008). All that is needed is the commission of a tortious act within the United States or affecting an individual, organization, or corporation from or doing business in the United States (International Shoe Co. v State of Washington. 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95) These are some reasons why the United States can create a trade embargo against foreign nations. In the past, even when the parties had no apparent link to the United States, American courts have taken jurisdiction because of certain nexus to the country. Even if you are at home in South America interpreting a conference in Africa for a European client, if you used Microsoft, Apple, Google, IBM, INTEL, an American telecommunications satellite, etc., a judge could admit a lawsuit against you for professional malpractice or negligence due to a defective internet connection or outdated hardware at your house.

The United States follows a contributory negligence system, so even if the agency/promoter is sued, you could be sued as well for contributing to the problem by such things as providing this service from home without knowing about computers, remote interpreting, sound, the condition of your home electrical outlets, the last time you backed up your system, etcetera. Having professional liability insurance coverage that works in the United States will help, because even if sued, the policy will protect you to your liability limit. These are issues that must be discussed with insurance companies, and I believe that until there is a policy that clearly covers these legal situations, I would close the home office and go back to RSI from the studio. I have talked to several tort, malpractice attorneys and insurance company lawyers and they are all catching up. As of now, insurers’ efforts are focusing on how to deny you coverage under current insurance policies.

I understand there is much to be said and researched, including how long is the arm of the law, but for now, and until we know what we professionally, medically, and legally face, I believe the success and full acceptance of RSI in our corporate, academic, diplomatic, and governmental worlds should be handled with caution. This includes going back to RSI at the studio as it was once welcomed and cheered by so many of us. I for one, as an experienced professional interpreter, and as a lawyer, will limit my RSI practice to the studio with a real partner next to me. I will also continue to educate my clients and colleagues on the dangers of working from home, and will talk to many more lawyers and insurance companies about the lack of coverage. That will give interpreters peace of mind. I hope the prestigious platforms follow and those greedy agencies/organizers understand the enormous risk they are taking by continuing to foster home-based RSI. Please let me know your thoughts on this so dangerous risk many of our colleagues are taking without even thinking about it.

You got your degree, became certified … and now?

Dear colleagues:

Getting a college degree is no minor accomplishment, but in most countries, you need a certification, license, or patent to practice your profession. Interpreting is no different.

Unfortunately, a degree and a certification do not guarantee you anything. We live in a globalized society where only the best will reach success. Interpreters work with languages and human knowledge, both characterized by their constant, eternal change. Modernity brings changes in science and technology, and globalization makes all interpreters your competitors, regardless of their location. Continuing education is as essential to interpreters as the air they breathe.

Continuing education costs money, and interpreters need to spend time studying instead of earning a living. When faced with the need to continue our professional education to survive in a market economy, we have to be very careful as to how we spend that hard-earned money. At this point in their careers, interpreters have spent large amounts in their education: College and certifications were not cheap, and now it is time to decide how we will invest our financial resources, and our time, to further our professional development.

Continuing education is an interpreter’s need, but it is also a business. We will now look into some options out there, describe what we need, and provide a profile of fraudulent and poor-quality programs that exist.

The first question to ask ourselves is: What do we need when we seek continuing education? We need to keep a certification or license current; we need to pass an exam, we need to get certified, or we just need to learn and improve to succeed.

To achieve these goals, we need to seek education in five fields:

1. Interpreting

2. Our specialty area

3. Ethics

4. Technology

5. Business

We also need to stay up to date on current events and accumulate general knowledge.

There are several ways to get the education we need on these areas:

By entering a structured education program in a college or other higher learning institution to get a post-graduate degree; by attending summer courses for those who cannot be full-time students. There are also one- and two-week diploma/certificate programs, weekend workshops and presentations by professional associations, universities and colleges, agencies, the government, and well-known professional interpreters who teach.

There are also international, national, regional, and specialized conferences by professional associations.

Webinars by professional associations, universities, and professional interpreters are another source of education (ATA, IAPTI, eCPD, and others) and individual mentorship or internship programs with experienced interpreters as mentors.

Some colleges, professional associations, and experienced interpreters offer a virtual classroom experience, and this is where we see a higher risk to end up with a poor-quality workshop by an unknown interpreter turned instructors. Although some of these programs may offer continuing education credits, they are of little use in a professional life.

Because of the blog, many friends and colleagues contact me to let me know of workshops, seminars, and courses they regret taking. Most include at least one of these characteristics: The instructor is an unknown interpreter considered a “local hero” where he works and lives. These people have secured a local market as “instructors” because they have been around for a long time, or due to their impeccable social skills that have positioned them within a sphere of influence of judges, court administrators, school principals, and others. The classes are held at a person’s home or office, without a proper learning environment and with very few resources. Sometimes the instructor has her children at the venue, and occasionally, the workshop takes place at the same location where other activities are happening, such as a community theater, religious activities, or sporting events. At these courses enrollment is way less expensive than at legitimate programs.

Often a workshop could cost as little as an admission to the movies. Maybe these so-called “continuing education” programs are offered overseas in a resort, and they are handled as destination events or a family vacation instead of a professional event. I suggest you think long and hard before enrolling on a professional program run by a travel agency, or a workshop advertised in a brochure that describes tours, beach activities, and similar options side by side to a professional schedule. Finally, these workshops are often advertised in tacky signs, unprofessional poster boards, and online adds that are misspelled or improperly written.

Because we are in a very competitive market in a globalized economy that pushes us towards continuing education to survive and then excel, you must take care of your time and finances. Do your homework when going for a Master’s Degree or to attend a workshop to pass a certification test. Always select a program that covers the subjects you want to study, and use common sense when selecting a service provider. Trusted colleges, recognized professional associations, well-known experienced interpreters will offer programs that make sense, are useful, and unfortunately, are expensive. When a class it taught by an unknown, the instructor credentials are questionable, the course takes place in a factory cafeteria or the basement of a church, and the course is cheaper than others, look the other way and avoid the workshop, even if it offers continuing education credits.

Study every day on your own, and try to attend workshops, courses and seminars that will cover the five fields above: interpreting, your specialty area, ethics, technology, and business. Attending reputable professional conferences at least once a year may let you cross off your list two or more of them. Remember, look at the program and mistrust conferences that publish the program at the last minute.

Often a local conference may offer what you need. Sometimes you need not travel long distances to get your continuing education. I now ask you for your comments and experiences with good and not-so-good continuing education programs.

We must protect the interpreter, not the middleman.

Dear Colleagues:

Think of a colleague, anywhere in the United States, who is battling a devastating illness and cannot get the treatment she needs because she has no health insurance, and medical expenses are so high she cannot cover them. I am sure you know an interpreter who has tried to get a job because he is worried about retirement years from now, but cannot get one because nobody is hiring. Language service providers want independent contractors because they have no legal obligation to provide employment benefits: health insurance, retirement plan, paid holidays and vacation, maternity leave, worker’s compensation insurance. If you prefer, look very carefully at your interpreter colleagues who have a sick parent, a disabled child, or another powerful reason to stay where they now live, and for that reason, they have to interpret for the agencies in town (local and multinational) and they do it in silence because they are afraid of losing these assignments, even when they are poorly paid, and they have to endure terrible, and sometimes humiliating working conditions.

Of course, you can always look at your own practice; I invite you to do so and honestly answer these questions: Do you enjoy having to check in and out with the agency every time you do an assignment? do you feel comfortable asking the person you just interpreted for to write down the hours you interpreted and to sign the form so you get paid by the agency? Do you find amusing having to spend hours on the phone and writing emails so you can get paid for a last-minute canceled assignment the agency does not want to pay? Maybe some of you like staying at the venue after interpreting is over because the agency makes you stay for the full time they retained you, even though all your work is done. Perhaps your definition of professional services includes cleaning up files or making photocopies until your time is up. Do you like it when the agency prints you business cards under their name and forces you to give them to the client? Do you like dodging all clients’ interpreting services questions by referring them to the agency every time? How about micromanaging your time on the assignment?

I doubt you enjoy any of these things, but even if you do, please understand that these intermediaries are taking advantage of you. They are forcing you to perform as an employee without paying you any benefits. Agencies distract you by telling you what a wonderful lifestyle you have, how flexible your schedule is, and everything thanks to them, your benefactors who find you work while you do not even lift a finger.

This is what the California State Legislature is trying to stop by forcing those employers who treat their “independent contractors” as employees to provide all benefits and protections people who do what these interpreters do for the agencies are legally entitled to. Think like an interpreter, stand up for your colleagues and the profession. Do not buy the arguments agencies are propagating. They do not see this legislation from the interpreters’ perspective. They see it from their business perspective.

For a long time, agencies have enjoyed this cozy business model that lets them charge their client for your service, pay you a part of it, and get you to do anything they want without incurring in any human resource expenses. It is a win-win situation for them. It is an abusive scheme for the interpreter.

Big multinational agencies are campaigning hard to defeat these legal protections not because they will “destroy the industry” as they put it, but because they will lose their golden egg goose. There will be no more freebies. They come at you with their lobbyists and make you believe they are on your side, they portray themselves as your savior and use scare tactics to make you think there will be no work for you if they are forced to lower their profits by living up to their legal and moral obligations to the interpreters.

Freelancing is not going to end after the bill becomes the law of the land in California or anywhere else. I am a freelance interpreter and I am not afraid. I do not work with these agencies, big or small, who now claim they are on a quest to save us all. New legislation or status quo will not impact my practice, and it will not impact that of most colleagues I work on a daily basis; however, leaving things as they are, giving back these agencies a position of power over the interpreters who work for them, will keep our less fortunate colleagues in the same deplorable conditions they have been working for all these years. This is a decisive moment. Multinational agencies and their lobby know it. They will fight the State of California with everything they have because they know the Golden State is a place where they can be unmasked and lose their privileges. Interpreters have organized labor backing their efforts because there are unions and guilds in California. Other States do not have them. The middleman knows that California is a decisive battlefield and they are spending money and sending their PR people to “convince” interpreters that defeating this legislation is best.

They argue they will not be able to hire interpreters because it would be too expensive. That many agencies will not survive and interpreters will lose a source of work. That is the point. The bill will only be successful when this serf-owner business model is erased. Will interpreters be more expensive because of the labor benefits? Yes. Interpreters deserve these protections. Agencies will either close or adjust their business models to comply with the legislation. Will agencies hire less interpreters? Of course, but the need for interpreters will not go away. There will be many more interpreters hired directly by clients. Is this going to hurt small agencies? It should. Small agencies should not exist in this business model because the essential condition for their survival is the denial of workers’ rights under the law.

Complaints that the legislation has exempted other professions like physicians and attorneys, but not interpreters are nonsense. Doctors and lawyers are well-established professions. Nobody would ever think of calling a “medical agency” and ask for a brain surgeon for tomorrow at 8:00am. If we want to be treated like these professions, we need to look like them. First step: get rid of the middleman. I know, some will say: “but…hairdressers are excluded and they are not a profession like doctors and lawyers” That is true and it is wrong. They should be covered by the legislation. The difference is: They got a better lobbyist and got their sorry exception in detriment of the people providing beauty services.

What about the argument that smaller agencies will not be able to stay in business because they will not afford it? In my opinion, these so-called agencies are not really agencies; most of them are a solo operation where somebody with connections acts as a referral service. I find this dangerous because these “agencies” just want a warm body with the right language combination for the assignment. I do not get the impression that messages on social media that read: “need French interpreter tomorrow at 2 pm” project exemplary quality control. Moreover, these people are not an agency, they should think and act like professionals and do what I do, and many of my colleagues do (all doctors and layers do the same thing): When your client asks for interpreters in a language combination different from mine, I just suggest a list of trusted experienced professional friends I am willing to vouch for, and let my client decide who he will retain and for what fee. I do not get involved, I do not get referral fees.

Finally, to the argument the ABC test is impossible to overcome: This is false. It can easily be overcome by a real independent contractor relationship. That is the point. If any agency could disguise a de-facto employee as an independent contractor the law would be pointless.

I understand what multinational agencies, their lobbyists, small agencies, and those solo practitioners who call themselves an agency without actually being one are doing. They are defending their very lucrative status quo. They have a right to fight for it and save their “industry”. As always, my concern are the interpreters and the profession, and from this perspective, I see the new California legislation as a step forward to our professionalization because, on top of protecting our colleagues in need, it will weaken the agency model, a necessary condition to become a true profession worthy of a place in the pantheon of professions. This is the time to listen to our colleagues and defend our profession, not the middleman interests.

All T&I conferences should have a dedicated interpreter track

Dear Colleagues:

Interpreting is a profession that needs constant preparation. Changes in the world, discoveries in science, evolution of language, and development of technologies make continuing education an indispensable part of our work. Because most interpreters are freelancers, they have to look for ways to learn all the time. This is one of the main reasons professional associations are essential to our development as interpreters.

Most of the time, interpreters and translators join forces to create professional associations that organize continuing education events: seminars, workshops, webinars, and annual or bi-annual professional conferences. Here our colleagues look for the latest, get feedback on ethical issues, learn best practices in business, and network with their peers. I attend many of these events every year. Some are excellent and have proven useful to translators, and to a degree, to interpreters.

The value and need for these events are undeniable, but too often, interpreters are turned off by conference programs that cater to translators, leaving interpreters with little presentations to choose from, and sometimes, the few presentations addressing interpreting issues are scheduled simultaneously. There are excellent all-interpreter associations holding conferences for interpreters exclusively, but they are few and far between. The solution is simple: adjust professional translators and interpreters’ conferences so there is always a track exclusively dedicated to interpreter issues. Some associations have done it and it has been a resounding success.

The American Translators Association (ATA) may have refused to change its name to make its thousands of interpreter members feel included, but through its Interpreter Division it always has a dedicated track as part of its annual conference. This year will be no different and many of us are anxiously waiting for the time to attend this year’s event, and Interpreter Division presentations in Palm Springs, California.

Two other very relevant professional associations recently tried the dedicated interpreter track: For the first time, the International Association of Professional Translators and Interpreters (IAPTI) which includes its interpreter members in the associations’ name, put together an incredible program, and exclusively devoted a room to interpreter-related presentations. The interpreters attending the conference learned from their peers, voiced their concerns about the future of the profession, and reinforced ethical norms interpreters face constantly in their professional practice. I was honored to participate and share with my colleagues, and I was very fortunate to attend wonderful presentations by world-renowned interpreters such as Paolo Cappelli, Heidi-Cazes-Sevilla, Valeria Aliperta, Trinidad Clares, Elvana Moore, Sergio Viaggio, Jakub Hiterski, Javier Castillo Jr., Beatriz Abril, and Sarah Cuminetti. IAPTI will never be the same. Interpreters know there is a place for them to learn from their peers.

Two weeks ago, I was lucky to be a part of history in the making. I attended the Institute of Translation and Interpreting (ITI) conference in Sheffield, UK. The event was spectacular: record-braking attendance, a magnificent venue in Cutlers’ Hall, top-quality presentations, and rooms full of motivated, happy interpreters and translators. There is really nothing to complain about. It was a great event, but what made it historical for many of us, was the decision by the ITI Board and the Conference Committee to try an experiment: After holding an interpreting stream in Cardiff two years earlier, it was decided to have an interpreter dedicated track, planned and organized by interpreters and for interpreters, prominently showcased during the conference. Interpreters were on equal footing with their translator colleagues, and we loved it.

The result could not be better, interpreters from all over the United Kingdom, Europe, and America came to Sheffield to be a part of this. Kirsty Heimerl-Moggan put together an ambitious program that included a wide variety of topics, all interesting, and all of them relevant to all interpreters. Our colleague Robert Lee did an excellent job at presenting “Role-Space: Understanding the interpreter’s place in interactions”; John Green addressed a crucial issue for all interpreters: “Presenting with Confidence”; Elena Davitti and Annalisa Sandrelli educated me on interlingual respeaking to where I am now reading and learning as much as I can on this new fascinating subject; Jonathan Downie made us think about our profession and where we go next as professionals, when he presented: “Can interpreters survive in an MT world?”; Sophie Llewellyn-Smith shared valuable tips and exercises we can all use to reduce our professional stress; Jan Rausch gave a crystal clear presentation on Remote Simultaneous Interpreting (RSI) from the perspective of an interpreter. This was so refreshing, useful, and definitively needed in all conference where only platform developers or sales people talk about this technology, always emphasizing technical aspects and agency advantages, not ours. Maria Cecilia Lipovsek presented a compelling case to finally accept that diplomatic interpreting is a different field, or at least sub-field. She explained diplomatic interpreting in the UK, opened the floor for an interesting discussion, and clarified that diplomatic and conference interpreting are different.  Finally, I shared my thoughts on interpreting as a profession and a quality business, showing those in attendance a way to educate your good direct clients, get rid of the agencies in your professional practice, and charge professional fees. I also talked about the court interpreter situation in the United States, underlining all achievements, and sharing the failures, including the recent federal court interpreter certification exam, hoping those in attendance will take advantage of what has been accomplished in the U.S. while avoiding all the mistakes we made.

Dear colleagues, I have been told this excellent track, dedicated to interpretation, is a permanent part of the ITI conference program. Let’s help ITI to continue to move forward with interpreters and translators working together, always having an interpreter dedicated track that advances our profession in every one of its conferences. I also encourage all of my colleagues in Europe to support this effort. Please cross the Channel and attend the next ITI conference, learn, do networking, and make the dedicated interpreter track of the ITI conference a tradition we all look forward to.

I ask all interpreters everywhere to do the same, tell your professional association that interpreters need continuing education, that many more would attend a conference where issues relevant to their careers were debated. I can think of big, relevant associations with world-class conferences that need to adopt this practice. Asetrad in Spain, OMT in Mexico immediately come to mind.

A successful professional conference must meet the needs of all its members: translators and interpreters. There will always be translation-issues presentations; both, interpreters and translators can benefit from some ethics and professional development presentations that can be attended by both groups of professionals; and the ever-growing number of interpreters joining professional associations worldwide need to find something that speaks directly to them. They need, we need, an interpreter dedicated track in all conferences that include interpreters in their membership.

I now invite you to share your experiences and comments with all of us on this essential issue: continuing education for professional interpreters.

What we learned as interpreters in 2018.

Dear Colleagues,

Now that 2018 is ending and we are working towards a fruitful and meaningful 2019, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, this year was packed with learning opportunities. In 2018 I worked with magnificent interpreters and many of my dearest colleagues.

Our profession had positive developments this year: The Spanish Division of the American Translators Association held a very successful conference in Miami, Florida, where those of us in attendance could see many friends and colleagues doing great things for our professions. It was an eye-opener to experience first hand how a professional conference organized by one of the divisions of the American Translators Association, working together with the Association of Translators and Interpreters of Florida (ATIF) and Florida International University (FIU), put together a conference we can unequivocally call professional, full of content, at an excellent venue, and attended by true professional interpreters and translators who could freely exchange opinions, attend workshops and presentations, and enjoy an environment free of predatory agencies, product pushers, and colleagues chasing after newcomers to convince them to work for insultingly low fees. Unlike the better-known ATA conference, this event truly felt like a professional conference, not a trade show. In fact, I invite all those Spanish language interpreters and translators who are ATA members, and think that the Fall conference is way too expensive, to attend this conference instead. In my opinion, if you have to decide between the ATA conference and the Spanish Division conference, it is a no-brainer: pick the smaller, more professional Spanish Division event.

Once again, the interpreting profession continues to advance in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-packed conference in Pachuca; and the every-year bigger and more successful court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City once again. The International Association of Professional Translators and Interpreters (IAPTI) took its world congress to Valencia, Spain for its best attended conference in history. Workshops and presentations were first-class, and as it is traditional with IAPTI, colleagues attending the conference had the opportunity to interact with their peers from around the world. The largest U.S. contingent attending a IAPTI conference to date, enjoyed the benefits of interacting with colleagues who literally live all over the world. They noticed the difference between attending a conference in the United States with interpreters and translators from many countries, all of them living in the U.S., and IAPTI where all of them live in their respective countries. The benefit you gain from talking to a Polish interpreter who lives in Poland enriches your personal knowledge of the profession more than speaking with a Polish interpreter who lives in New York City. Besides the characteristic IAPTI’s philosophy and agency-free conference, I was happy to see a well-balanced program full of Interpreting workshops and presentations. Finally, like every five years, the Asociación Española de Traductores, Intérpretes y Correctores (Spanish Association of Translators, Interpreters and Editors, ASETRAD) held its conference in Zaragoza, Spain. This congress was by far the best all-Spanish language conference of the year, and just as I do every five years, I invite all my Spanish speaking colleagues to save the time and money to attend the next gathering five years from now. I was involved in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars. It was a pleasure to spend time with all of you in 2018.

This past year saw big changes in healthcare interpreting in the United States with a major struggle between the two leading certification programs. Fortunately, what looked like the beginning of a big conflict, ultimately subsided, and better-informed interpreters are now deciding what to do with their professional future. The year brought positive developments to the largest court interpreter association in the United States. After a major set back at the end of 2017 when two pillars of the court interpreting profession resigned from the Board of Directors, NAJIT went back to capable, experienced professionals, electing a new Board that fits tradition and expectations. Unlike 12 months ago, the association goes into 2019 with a group of experienced and respected Board members and a promising future.

The year that ends in a few days saw the growth of our profession in the field of Remote Simultaneous Interpreting (RSI). I had the opportunity to work several assignments remotely, and both, technology and work conditions were as they should be. I also heard from many colleagues who continue to struggle and endure abuse from some agencies who push video remote interpreting (VRI) in less than favorable conditions.

Not everything was good. 2018 took from us some of our dear friends and colleagues. I cannot reflect on the year that ends without remembering three dear and admired colleagues who passed away: Juan José Peña, a pioneer in the American Southwest, mostly in New Mexico. For years, Juan José was a trainer and examiner for the New Mexico State Court Interpreter Certification program; he was the first staff interpreter at the federal court in Albuquerque, and he selflessly helped new interpreters in New Mexico and elsewhere. Carlos Wesley, a powerful and gentle presence in the Washington D.C. metro area for many years, and an examiner for the federal court interpreter certification exam. Esther Navarro-Hall, a kind, selfless, talented colleague who impacted our profession and the lives of many interpreters worldwide as a professor at MIIS, regular trainer all over the globe, habitual presenter at professional conferences, Chair of the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States, and humanitarian, promoting help and assistance to those impacted by natural disasters everywhere. Our lives and profession are better because of them.

Unfortunately 2018 will forever be remembered as a low point in the history of the profession in the United States. It was its darkest hour. I am referring to the inexcusable fiasco that impacted hundreds of interpreters, and continues to do so, because of the ineptitude of government officials, their selected contractors, and the cover up, misinformation, and lack of response that followed for many months: The 2017 oral federal court interpreter certification examination. We go into the new year with many unanswered questions, with no accountability, and with uncertainty for many who took the test, and patiently await to this day for an examination date more than a year after taking the exam. 2018 will be known as the year when ineptitude destroyed the credibility and reputation of the until then most trusted interpreter exam in any discipline in the United States.

The biggest shift in American foreign policy in decades and its impact on our profession continued in 2018. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration and trade policy. It proved very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services were at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic, international trade and private sectors.

If not for the federal court interpreter certification exam disaster, the biggest stain of 2018 would be the conspiracy by most multinational and domestic interpreting agencies to do whatever necessary to overturn a California Supreme Court decision that protects independent interpreters by giving them certain rights that greedy agencies oppose, as compliance with the court decision would diminish their ever-growing margins. These agencies are actively pursuing the overturn of the decision by lobbying for legislation against interpreters. Apparently these efforts are led by a lobbyist who, ignoring any conflict of interest, and with the blessing of the largest interpreter and translator association in the United States (either by action, omission, or both) is trying to get Congress to exclude interpreters from the groups protected by the California Supreme Court decision.

Said conspiracy took us trough a research path that showed us how some of the Board members of this “translators and interpreters” association actively support agencies’ efforts, including a Board member who stated he would not even excuse himself from a vote in cases of conflict of interest. Statement that we will surely revisit come election time.

Throughout the world, colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. More European countries are now facing outsourcing of interpreting services for the first time.

Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards creating questionable certification programs, and offering pseudo-conferences and webinars to recruit interpreters for exploitation while hiding behind some big-name presenters, many of whom have agreed to participate in these events without knowledge of these ulterior motives.

Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2018 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.

As you can see, dear friends and colleagues, much changed and much stayed the same. I choose to focus on the good things while I guard against the bad ones. I now invite you to share with the rest of us your learned lessons (good and bad) of 2018.

I wish a Happy and Productive New Year to all my friends and colleagues!

Is it true that interpreters must abstain from public commentary?

Dear Colleagues:

I have recently read many comments about the court interpreter in California who decided to talk to the media after she provided her services to the defendant in a high profile criminal case. To my surprise, must comments promptly endorsed the position that a court interpreter cannot make any public comment. Such extreme “black and white opinion” is quite concerning.

Before expressing such a sweeping opinion, interpreters should reflect on the purpose of their professional service, the reasons for the rule or legislation, and what the consequences of failing to observe it really are. Let’s see:

The main topic concerning this analysis is confidentiality. The nature of the duty of confidentiality is based on two things: the subject matter or area of interpretation, and a scale of values.

Different subject matters or fields of interpreting will be governed by different legislation, interests, and goals. If the interpreter’s professional practice involves intellectual property, diplomacy, or national security, there will be many limitations and restrictions as to the things the interpreter can share with others. Most of these duties will come from legislation, not canons of ethics of regulations. Many others will derive from contractual obligations regarding commercial brands, patents and copyrights.

The scale of values is also important: The more important the value, the stricter the responsibility.

Revealing the content of diplomatic negotiations could have implications of war and peace, and the interpreter could even go to prison, or at least lose his job and reputation.

Revealing medical information can disrupt a patient’s health or treatment, impact insurance coverage, kill a patient’s future employment opportunities, and generate legal problems for hospitals, physicians and interpreters.

When we provide diplomatic or military interpreting services at certain level, we are required to undergo a security clearance process and we take a legally binding oath to secrecy. Breaching this legal obligation will bring catastrophic consequences to the interpreter.

The California case gives us the opportunity to revisit a court interpreter’s duty of confidentiality, so we can see how sweeping statements like those made by some of our colleagues last week, most of them in good faith, are not so categorically right.

First, we need to understand what is protected by the duty of confidentiality, and who imposes the restrictions on the court interpreter.

Interpreters exist because there must be equal access to the administration of justice, regardless of the language the court or the parties to a controversy speak. Here we must make a distinction:

(1) The court interpreter as a communication tool to the litigant.
When a plaintiff, defendant or victim cannot actively participate in their legal case because of a language barrier, the court interpreter acts as the ears and voice of the foreign language speaker in communications with the court, his attorneys, and the opposite party. Interpreters render a complete, accurate interpretation of everything that is said during the hearing, and interpret to the court and parties everything the foreign language speaker says. These interpreters handle three types of information: public record, confidential information, and privileged communications.

These are the interpreters hired by the court, paid from the courthouse budget, and selected from a roster kept by the clerk’s office.

When a plaintiff or defendant want to be represented by a private attorney, but they cannot communicate with their attorneys because of a language barrier, those privately retained attorneys can also hire professionals court interpreters in private practice to help them communicate with their foreign speaking client, their client’s relatives, and with those witnesses who do not speak the language of the attorneys. In this case it is the attorney who selects the interpreters from prior experiences or referrals from others; and it is the attorney, not the court, who pays the interpreters’ fees (very likely from the plaintiff or defendant’s assets). This interpreters handle three types of information: public record, confidential information, and privileged communications.

As we can see, in both cases, interpreters work with information that is public record. This means that everybody has access to what was said or done. For example: As a rule, court hearings are open to the public. Anybody can go to the courthouse and sit in the courtroom during a trial. At the State-level, many jurisdictions broadcast their proceedings in public and even commercial TV. All legal arguments, court rulings, and witness statements are heard by all interested individuals.

Both, court appointed and privately retained interpreters are privy to confidential information not because of who the interpreters are as individuals, buy because of what they do for living. This information is sensitive in nature and if disclosed, it could adversely impact third party innocent individuals. For these reasons, interpreters are usually barred from sharing this information. Details surrounding a case that come to the knowledge of the parties, but are irrelevant to the outcome of the controversy are kept from the public. Names of business partners, financial information, paternity, personal health information, sealed court cases, juvenile court records, are just some of the examples that fall under this category.

While working with an attorney, all interpreters learn what is called privileged information. This is crucial, intimate information about the subject matter of the controversy that lawyers need to know to represent their clients and defend their interests. This information is treated differently because it is only when a person knows that statements made to their attorney in confidence cannot be disclosed to anyone, not even the judge or jury in the case, that clients can truly open up to their attorneys and share all details of a case. Those acting as agents of the attorney, such as paralegals, investigators, and interpreters, are covered by the client-attorney privilege, and nobody, not even a judge can compel them to disclose said privileged information.

(2) The court interpreter as auxiliary agent to the administration of justice.
The court system has a vested interest on the perception that the administration of justice within its jurisdiction is equally fair to all citizens, even those who do not speak the language of the court. For this reason, courts have set policy to clarify this principle, and reassure all potential litigants of the impartiality of the court, even in those cases when a foreigner is party to a controversy, especially in criminal cases where life or liberty are at stake.

This principle has motivated some courts (not all of them), in particular in the United States, to go beyond what many would consider reasonable, and impose the strictest restrictions to some of the things court interpreters can and cannot do. Based on this one-sided extremely restrictive rules, the federal courts of the United States abide by the United States District Court Code of Ethics for court interpreters, who have been sworn as officers of the court for the duration of the assignment, and interpret under contract with such court, “…to follow the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts…” (USDC Code of Ethics. Preamble)

The Federal Code of Ethics contains some important principles needed to practice the court interpreter profession that are free of controversy, such as Rule 5: “Confidentiality. Interpreters shall protect the confidentiality of all privileged and other confidential information…”

It also covers other situations where restrictions seem unreasonable and arbitrary, like Rule 3 where it states that: “…During the course of the proceedings, interpreters shall not converse with parties, witnesses, …attorneys, or with friends and relatives of the party, except in the discharge of their official functions…”, or Rule 6: “Restriction of Public Comment. Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential…”

Dear friends and colleagues, we must remember that the above restrictions by the United States District Court Code of Ethics only apply to court interpreters who are providing their professional services when they “…are sworn in (and) they become, for the duration of the assignment, officers of the court with the specific duty and responsibility of interpreting between English and the language specified. …In their capacity as officers of the court, contract court interpreters are expected to follow the standards for performance and professional responsibility for contract court interpreters in the federal courts…”

In other words, said restrictions, as they are not the law, but a mere contractual obligation, only apply to those who are providing their services in federal court pursuant to a contract with the court. These blanket restrictions do not apply to any of us when working as interpreters in federal court if we have been retained by one of the parties.

Once we understand this limitation, and the different role interpreters play when they act as a communication tool to the litigant with his attorneys, and in those cases when they also act as an auxiliary arm to the administration of justice and are paid by their judiciary. It is obvious that legal restrictions and limitations such as client-attorney privilege and confidentiality will apply to all interpreters as they are part of the essence of the legal representation, but other limitations that go beyond that scope will not apply to privately retained interpreters as they exist to assure impartiality and transparency to the extreme. This is not necessary with private attorneys and their interpreters as they are publicly known as part of a team: plaintiff’s or defendant’s.

To the latter group of interpreters, sharing what is already public record should be no problem; and in my personal opinion, I do not believe that even court appointed interpreters should be sanctioned for sharing public information with the media. I believe that telling a reporter that a hearing was moved from 1 pm to 2 pm and saving her the trouble to go up 20 stories to read the same information on the court’s bulletin board will hardly raise suspicion of prejudice, particularity when we know that interpreting is a fiduciary profession. To me, it looks very weird when the interpreter refuses to answer such silly questions and reacts by moving away without an explanation.

As far as confidential information, please be aware that the prohibition is not absolute either. A court order can compel you to testify. Please remember that the client holds the right to said confidentiality, and as such, he or she can always give consent. When this happens, confidentiality goes away. Will these ever happen in your professional career? We do not know, but we should always be aware that it is a possibility.

Even client-attorney privilege is not absolute. There are certain exceptions in the law that allow you to pierce the veil of this sacrosanct privilege. Among other possibilities, the client, who holds the privilege, can also lift it by giving consent; you can also pierce it when defending yourself from the actions of the client who holds said privilege. Let’s say that the client sues you arguing that the interpreter did nothing in the case. Under those circumstances you can pierce the privilege to prove that the client is not telling the truth and show the work you did, as long as the privileged information you divulged is limited and tailored to the point you are trying to prove in court. Statements and information provided during a client-attorney communication that include future illegal activity is not covered by the privilege either, and you as interpreter must disclose it to the authorities.

We must remember at all times that different jurisdictions will have different policy, rules and legislation, so we must adhere to all applicable rules, as long as they apply to us, depending on the type of professional service we are going to provide.

In the case of California, please keep all of the above in mind, and understand that Rule 2.890(c)(4) states that: “…An interpreter must not make statements to any person about the merits of the case until the litigation has concluded…”

Notice how the rule does not go beyond the conclusion of the case, because the rule (erroneously in my opinion) does not make a distinction between interpreters privately retained by the parties who act as a communication tool to the litigant, and those retained by the courts who also must play the role of auxiliary agents to the administration of justice and therefore be impartial at all times. Once there are no more appeals, there is no reason for the restriction on the first type of interpreter.

Finally, a couple of thoughts: I was saddened to see how must of my colleagues immediately assume the role of a criminal court interpreter retained by the court. I am always hoping that more interpreters view themselves as independent professionals working with private attorneys. There is an abysmal difference in professional fees, and the work is about the same. I ask you to please think like a private practitioner, instead of accepting the rules without any reservation. Question the rules and try to understand why they compel you to do or abstain from doing something.

It also concerned me how so many of our court interpreter colleagues rush to “obey” anything the courts say without even checking the source of the “command”. Many people criticized and condemned the interpreter who spoke to the media because of what the “Professional Standards and Ethics for California Court Interpreters” say. Please understand that this is just a manual, not legislation, regulations, or a court decision. It is just a didactic tool for those who are trying to understand the profession. Use it as such. Observe the California Rules of Court.

I hope we all understand that professional rules include universal standard values, but they also incorporate local culture so necessary for an administration of justice that reflects the values of the community it is meant to serve. For this reason, I. Sincerely hope we all come to understand that asking for universal rules or codes is not the best legal option. A system like the one we have is an appropriate one. We just need to understand the rules better, and fight to change those we believe constitute a hurdle to our profession. I now ask you to please share your founded legal arguments on this issue that could adversely impact our profession.