Where do Thanksgiving traditions come from?

November 25, 2015 § 3 Comments

Dear Colleagues:

Thanksgiving is the biggest holiday in the United States, it is universally celebrated by all cultures and ethnic groups, and yet, when I travel outside of the United States I see that this very American holiday remains a mystery to many.  In the past, I have dedicated this annual entry to the history and meaning of Thanksgiving; today, I will talk about the traditions that bind all Americans on this last Thursday of November.

Why do millions of Americans throughout the continent eat turkey on this day? Why do they gather around the television set to watch a football game even if their team is not even playing? For what reason did pumpkin pie become the preferred dessert over the all-American apple pie? Do all Americans really go shopping on the day after Thanksgiving? I believe that the answers to these questions will make it easier to understand the big deal that Thanksgiving is for all Americans.

More Americans celebrate Thanksgiving than any other date on the Holiday Season.  This may seem difficult to understand in those countries where Christmas is the number one holiday celebration, but when you think about the people of the United States and its diversity, you soon realize that Thanksgiving perfectly matches the American cultural landscape.  Without getting into the controversy of the first Thanksgiving, and regardless of the version Americans decided to believe, the fact is that the original Thanksgiving involved very different people, from cultures and backgrounds as foreign to the others as you can possibly imagine; yet, they got together for a shared celebration and feasting. In all cultures eating together is a sign of unity. Christmas on the other hand is a religious celebration for part of the population who has certain beliefs that are not universal in American society.  The truth is that, although Thanksgiving is not a religious holiday, it can be treated as a religious celebration by all who opt to do so, regardless of their religion, because Thanksgiving is about certain principles treasured by all faiths: gratitude, peace, sharing, giving thanks.

The universal appeal of Thanksgiving has to do with other very important elements of this celebration: family and lack of expectations. Because of its secular nature and the universally embraced values Thanksgiving is based on, it is the family oriented event of the year.  Americans travel on this weekend more than at any other time during the year, and they do not travel to go to college or to close a business deal. They travel to be with their loved ones. This is the day when a mobile society like ours comes together around the family table and share stories and laughter with their relatives.  Americans gather on Thanksgiving to be together, there are no other expectations. Unlike Christmas, there is no added pressure to spend beyond your means as there are no presents. People gift their company to each other. That is all.  The American culture is very informal and Thanksgiving is an informal event. People eat, come and go as they please, some watch football on TV, others catch up on their personal lives, and they all eat as much as they want. No apologies, no dinner schedule; just grab a plate and eat as much and as many times as you want, and when you eat, you are uniting with the rest of your fellow countrymen and women, because on this day, an American society that cherishes individuality and praises self-identity, a country where children do not wear school uniforms because it cuts on their individual identities, all Americans eat the same meal. This is how special Thanksgiving is for our country.  These are the reasons why tradition is paramount on this day of celebration.

Why do millions of Americans throughout the continent eat turkey on this day?

The side dishes vary from house to house depending on the family’s cultural heritage, the region of the country where they live, and their own family traditions. Some will have mashed potatoes, others will eat sweet potatoes, and in some parts of the country people will eat rice, pasta, beans, seafood, poi, dinner rolls or tortillas. This is the part of the meal where Americans assert their individuality and cultural identity, this is perhaps, the part of the meal that makes it possible for the American people to give up a little individuality, and for one day every year eat the same: turkey.

The history of the Thanksgiving turkey is shrouded in mystery. Letters from the early settlers, known as pilgrims, indicate that the first Thanksgiving menu that they shared with the Wampanoag people included lobster, oysters, beef and fowl. The only mention of a turkey comes from a writing by Edward Winslow who mentions a wild turkey hunting trip before the meal.  There is also a legend which states that England’s Queen Elizabeth I received this news during dinner, and she was so happy that she ordered another goose to be served. When the pilgrims heard of the Queen’s reaction, it inspired them to roast a turkey instead of a goose and that became the traditional meal. You see, wild turkeys are native to the United States so they were plenty available, In fact, this bird became such an important part of colonial identity, that after the birth of the United States, Benjamin Franklin argued that the turkey would be a more suitable national bird instead of the bald eagle.  Although Franklin did not succeed, every year since 1947 all U.S. presidents, from Truman to Obama, have issue a presidential pardon to a turkey who then retires to live the rest of its natural life in a farm.

Why do Americans gather around the television set to watch a football game on Thanksgiving?

This is another tradition that makes Thanksgiving the most American of all holidays. President Lincoln declared Thanksgiving a national holiday in 1863, and the Thanksgiving football tradition started only a few years later when Yale and Princeton first played on Thanksgiving in 1876. Soon after, the holiday became the traditional date for the Intercollegiate Football Association championship game. The Universities of Chicago and Michigan also developed a holiday rivalry, and by the late 1890s thousands of football games were taking place on Thanksgiving. Some of the original matchups still continue to this day. When professional football began in the twentieth century, it was just natural that a game be played on Thanksgiving, and in the 1920s there were many games on Turkey Day.  Today, the National Football League (NFL) holds two games on Thanksgiving: An early one that always features the Detroit Lions, played since 1934 when the Lions lost that first encounter to the Chicago Bears. Since 1966 there is another game later on the day that always includes the Dallas Cowboys. Football is a sport played in very few countries around the world (most countries refer to it as “American Football”) but it is the most popular sport in America, so it was a perfect fit to the Thanksgiving celebration. Nowadays people congregate around the home’s TV set to watch the games even if they do not root for any of the teams playing in Detroit or in Dallas. On this holiday, football is also used as a time reference: many Americans will announce their estimated time of arrival to a Thanksgiving dinner by saying that they “will get there by the first game’s halftime”. Many households keep the TV set on, showing the game, even if nobody is watching. Football “noise” is part of the traditional sounds of Thanksgiving.

How did pumpkin pie become the preferred Thanksgiving dessert over the all-American apple pie?

Pumpkin pie was not part of the menu at the first Thanksgiving dinner. The pilgrims most likely lacked the butter and flour needed to make the pie crust. We do not even know if they had an oven at their settlement. This however, does not mean that pumpkins were not present on that occasion. They probably ate baked and stewed pumpkin as it was a common part of their diet. With pumpkin as part of the Thanksgiving meal from the beginning, it was natural that the baked and stewed pumpkins gave their place at the table to the pumpkin pie when it first became popular later in the 17th century. Since it substituted the already established pumpkins as part of the traditional meal, instead of entering the menu as an addition, it never competed against the apple pie for a spot on the menu, and it became the delicious, tasty dessert we now eat, accompanied of some whipped cream, as part of the holiday tradition,

Do all Americans go shopping on the day after Thanksgiving?     

Since the beginning of the 21st century, the Friday after Thanksgiving has been regarded as the beginning of the Christmas shopping season in the U.S. and for that reason, most retailers open their doors very early, even during overnight hours to lure shoppers to come and take advantage of special sales. This day is now known as Black Friday, a name it first got in Philadelphia, and it is not an official national holiday in the United States, but some states like California and New Mexico among others observe the “Day after Thanksgiving” as a state-government holiday. Many schools do not open on Black Friday either.  For years, this was systematically the busiest shopping day of the year, but that has changed recently.  Now many more people do their shopping online and this has created what Ellen Davis coined as “Cyber Monday”. Since 2005 the Monday after Thanksgiving is when most people in America do their Christmas shopping online to allow for plenty of time for the presents to arrive to their recipients’ destination.  The truth is that not all Americans go shopping on Black Friday. Many Americans do not even observe Christmas, so giving presents is not even on their radar screen. It is a fact that many people will do their holiday shopping after Thanksgiving; a lot of them will visit the shopping malls on Black Friday, many will place their orders online on Cyber Monday, and many others will continue to shop right until Christmas. The important thing to keep in mind is that for many Americans, of many cultures and religions, Thanksgiving marks the beginning of a holiday season when they will share their fortunes and happiness with family, friends, coworkers, neighbors and the needy, and that is after all the true meaning and the best tradition of Thanksgiving.

I now invite you to share with the rest of us some of your Thanksgiving traditions, and if you are outside the United States, please tell us your opinion about this very American holiday and share some of your family or country holiday traditions. I now want to thank all of you, my friends and colleagues, for following the blog. Happy Thanksgiving to all!

A professional interpreters’ association or an employment agency?

November 17, 2015 § 11 Comments

Dear Colleagues:

A few weeks ago I started a controversial debate among interpreters and translators that made me think of one of the bigger challenges that we will ever face on our quest for professionalization: To think, act, and react as individual professionals who are trying to advance recognition, remuneration, and understanding of what we do for living.

When a colleague who works for the government suggested that the American Translators’ Association (ATA) should start a “government division” for interpreter and translator members to have a place to communicate, and learn from government agencies what they want from us in order to get work, I immediately got this extremely uncomfortable feeling that we were about to sell ourselves cheap once again; that the hated premise that we are under the client (turned employer, turned master) was going to be the basis of a debate where individual colleagues would decide not if they were going to jump or not, but just how high.

As fast as I could, I went on social media to point out this enormous danger, and from all my concerns, the only thing that most people picked up was the matter of the name that the new division would get: Instead of debating (and rejecting) the notion of having a government division, our colleagues discussed a name for a division that apparently was instantaneously accepted as a reality.  Agreeing with my rationale, those participating in the discussion saw the absurdity of vanishing all interpreters and translators from the name-description of the group by naming this entity “government division” and seemed more inclined to go with a “more inclusive” name. (I learned later that ATA bylaws will not even allow for a vote against the creation of such a monstrosity: To reject the idea we would need to amend the bylaws).

Unfortunately, the fundamental principle that makes such a division an absurdity went undetected. Let me explain:

ATA, like all interpreter and translator associations, are professional groups for the benefit of individual members to protect, disseminate, and advance the profession and the individuals providing the service.  As such, a professional association must clearly define who is one of us (a member), and who is not (clients, third parties, government officials). Once this has been established, the organization can do its work looking after the quality of the professional service, promoting educational opportunities, and defending the interests of its members.

The process above puts the professional association, and its members, in an advantageous position to sit down, individually or collectively depending on each situation, to negotiate professional services’ conditions with the counterpart: clients, agencies, government officials, and others.  All of these actors are active participants in the process, but none of them share the same interests or perspective of the professional interpreter or translator.  This is the purpose of a professional association. This is the only way that interpreters and translators can be considered, viewed, and treated as professionals instead of laborers.  An association with an organizational model where interpreters and translators commingle with the people who sit across the table can be many things, but it will never be a professional association.

For years I have defended our services as the type that only professionals can provide. I have fought for recognition at the level of an attorney, a physician and an engineer.  All of these professions have professional associations that follow the model I described above. None of them would even dream of having a format which included their counterpart in their organization.  Medical doctors deal with pharmaceuticals, government officials, and insurance companies every day; yet, none of these entities are part of the American Medical Association (http://www.ama-assn.org/ama/pub/about-ama.page?)  Attorneys work with court systems everywhere, they deal with government agencies and police departments, credit institutions, and many others. Nobody, unless that person is an attorney, can be part of the American Bar Association (http://www.americanbar.org/about_the_aba.html) Our very own AIIC groups professional conference interpreters worldwide and it does not include agencies, government officials, or international organizations as members (http://aiic.net/page/6757/about-aiic/lang/1)  By the way, none of them allows “corporate memberships” either. A corporation cannot be a professional, it does not go to college or pass a certification exam. By definition, only human beings can be professionals. Other membership categories can be explained away by associations, but never justified. A professional association cannot become a place where young professionals go to be indoctrinated on the principles of being a good “language service provider to the industry”. We are a profession, not an industry. Professional organizations work to protect their members, profession, working conditions, ethics and quality of the service. They are never job fairs where people play a dating game with multinational agencies who want your services in exchange for rock-bottom fees and humiliating conditions far from the minimum standards acceptable for a profession.

The “government (or whatever the final name may be) division” is a serious blow to the professional recognition of interpreters and translators by clients and intermediaries because it perpetuates the idea that we are subservient to a specific entity; that we do not view the government as a client.  That we are willing, and eager, to fulfill all of their conditions so they can give us some work, regardless of the shameful terms and awful fees.  I fully reject this mindset. Dealing from weakness devaluates us as individuals and diminishes the profession. If we want to be government contractors, let’s have a special group of interpreters and translators where we can brainstorm and exchange experiences. This would be a place where professionals get stronger before going out there to negotiate with government officials. The time and place to deal with government agencies is across the table as counterparts, not within the organization as fellow members. We do not need them to tell us what is acceptable and what is not. We must let them know what are the minimum conditions we are willing to negotiate from, and let’s treat them as clients, respectfully but firmly. Always as equals.  Until we are ready to adopt this attitude, we will stay where we are, and we will quickly move to the place where the counterpart wants us to be: a hole full of blind obedience and compliance.  Some of us will never walk down that pathway, but many will. I now invite you to share your thoughts on this crucial subject that could impact the rest of your careers.

Video Remote Interpreting: Agencies do not see what I see.

November 9, 2015 § 8 Comments

Dear Colleagues:

Video remote interpreting, or VRI as it is widely known, is one of those topics that are difficult to discuss because some multinational agencies have turned it into an emotionally charged subject.  Those of you who know me personally, and the friends and colleagues who read the blog, know that I have always been a pro-technology individual, that as an interpreter I embrace technological changes and the benefits that come with modernization; and as a person who loves to study history, I recognize that technology has come to the interpreting profession, including VRI, and it is not going anywhere.

In the past, I have written about the benefits of working remotely by video, about how this change is helping us, the interpreters, to work more and better assignments that we could not do before because of the limitations of time and space. I have also told many of you, and I repeat it right here, right now, that even with its deficiencies and set-backs, VRI technology is getting better every day.  I have no doubt in my mind that the day when we don’t worry about VRI technology more than we presently worry about conventional technology in the traditional booth is just around the corner.

To this point everything looks good and promising. It is when you begin to factor in all the other sideshows that generally accompany VRI interpreting that we see the dark side of this issue.

There are some good and honest agencies all over the world; we interpreters know who they are and wish to continue our mutually beneficial collaboration with them; however, during the last two or three years we have been bombarded by these multinational interpreting agencies, and some others not quite as big, who have undertaken the task of proselytizing all the interpreters and all the students of interpretation they can find. It seems that you cannot attend a professional conference anymore without having to sit through a presentation by an executive or an administrator of one of these entities, who almost never is or was an interpreter, and listen to their interpretation of the new reality in our profession. They skillfully present an extremely one-sided view of the changes created by VRI, and launch their efforts to convince the individual interpreter to blindly accept their conclusions and conditions as the only truth.  Dear friends and colleagues, I see things very differently from my perspective as an individual independent interpreter. Let me explain:

The multinationals and the smaller agencies that from now on I will respectfully refer to as their “junior partners” want me to believe that there is this great new technology that is being provided by these huge agencies and their junior partners, that they know how it works and that for this reason they are entitled to be the ones offering this technology to the client (who they often refer to as customer because they see interpreting as an “industry” not a profession). While they are telling me this, I see that they never mention the inventors and researchers, that these individuals are not invited to the conferences and seminars because it is not in the multinationals’ best interest that we, as mere interpreters, meet them and start a direct relationship with the creative talent, thus bypassing the middleman in this equation also known as the agency.

They tell us again and again that VRI changed the old rules and that from now on interpreters better get used to the idea that they will make less money because, by eliminating the need to travel to the site of the event, it will be cheaper to deliver interpreting services. It is just a consequence of modernization. The problem is that what I see are multinational agencies and their junior partners generating all-time high profits because, despite of the savings in travel and other logistics that VRI eliminates and therefore the end-client would not be willing to pay anymore, by reducing the interpreters’ fees because the service is now rendered remotely, they now keep a bigger share of the professional fees paid by the client for interpreter services. I see that an event covered remotely will eliminate travel-related costs, but the professional service of the interpreter is exactly the same. The fact that the interpreter is working from home or from a facility near home instead of from a booth on the other side of the world is irrelevant for the rendition.  There is no logic, there is no reason, and there is no moral justification to demand that a professional interpreter work for less because of his physical location.

They tell us that VRI interpreting for these multinational agencies and their junior partners benefits the interpreter because she will not have to “waste” two days traveling to and from an event. Instead, she will be able to take a second assignment for those “traveling” days; therefore, she will have a higher income.  The problem is that I see a professional independent interpreter, who owns her time, deciding to work one assignment, two, or none. This is a personal decision that has nothing to do with the multinational agency or its junior partner as it does not impact the interpreter’s performance during the assignment with said entity.  There is a good chance that there may not be other assignments available for those days, and in that case, you could argue that the interpreter would actually make less money because she will not be paid the travel fee anymore. I do not include this in my judgment because it is part of the risk of being an independent professional interpreter. It has nothing to do with the multinational entity.

They tell us that healthcare and court interpreters will be better off with VRI because instead of spending hours getting ready to go to work, traveling to the assignment, and waiting for their medical appointment or court hearing to take place, they can stay home and play with their kids, do some gardening or work in their car. It is a win-win situation!  Unfortunately, what I see is an interpreter who goes to the hospital, clinic, courthouse or jail because that is his job, being forced to accept one or two hours of work paid by the minute, instead of a full day of paid work. People go to work because they need to make money. Many would love to stay with their children, plant a tree or fix the attic; unfortunately you don’t get paid for any of those things. That is what vacation is for.

These entities tell us that thanks to VRI many indigenous language interpreters are now working with hospitals and emergency rooms; they brag about this. They are helping these generally ignored and forgotten interpreters. That is not what I observe. When I look at these indigenous colleagues, I see rare and exotic language interpreters providing professional services for a very low fee. We all know that our colleagues in rare and exotic languages command a higher fee than those of us who have a more conventional language combination.

The multinational agencies and their partners tell us that they are the ones who know the market, that as interpreters, we may know how to provide the service, but it is the agency that can get the clients. What I see is that we as interpreters know many people that they do not know. We are in the trenches with those who make an event successful. These are the players that we can go to and keep the interpreter service a reality. They do not know many of them.

These agencies tell us that they are the ones who make sure that interpreters provide their services ethically and professionally. Unfortunately for those who believe this idea, I cannot see how one of their employees, somebody less experienced and with less formal education than the interpreters she “coordinates” by micromanaging and setting demeaning practices used in unskilled labor markets, can do a better job than a professional who will still be around a year from now. Most of these agency employees will not.

The multinational agencies and their junior partners often say that there are many interpreters who are very happy working for them under the existing conditions. What I see is a group of individuals who are scared to death of losing that rock-bottom income that together with their spouse’s wages makes it possible for them to survive. They are too afraid to speak up. Of course, I would not doubt that there may be some who are suffering of the Stockholm syndrome.

They tell us that they are training interpreters, that they are helping them to improve their skills. In reality, what I see is, in my opinion, no more than a bunch of laughable tests and online courses claiming to help you become an interpreter.

These multinational entities constantly say that there are not enough interpreters in the market to meet the current demand. That they are working on training more people to fulfill these need. Unfortunately, all I see is many good interpreters sitting at home without work because they refuse to work under such insulting conditions as the ones often contained in these agencies’ contracts.

Multinational entities and their junior associates tell us that it is them who know the technology; that we do not, that many interpreters are reluctant to learn how to work with VRI technology because they are afraid of the new tools. The truth is that every day more interpreters are getting tired of the middle guy who adds no value to the service and can be replaced at the blink of an eye. Interpreters, inventors and researchers can work together directly.  As far as learning the technology, do not worry. All I can say is that there are many more college degrees on this side of the table. Interpreters will learn.

These are my opinions, it is my perception of what is going on. I truly believe that we as interpreters need to develop a direct relationship with innovators to be in a position where we provide VRI services in a professional dignified way that includes the most essential part of this profession (because it is not an industry): the individual interpreter, embracing those honest agencies who understand their role in this profession and do not try to go beyond, and eliminating all those prone to abuse their position and willing to impose their personal insatiable desires over the professional services they claim to provide.  I now ask you to share your comments on this issue, and to refrain from coming in here to defend the philosophy and practices of the multinational agencies and their junior partners I refer to throughout this entry.  They have plenty of spaces where they can continue to serve the Kool-Aid. We have very limited venues to express our opinion.

Legends and stories for the season.

October 28, 2015 § 3 Comments

Dear Colleagues:

It is Halloween time in the United States and many other places. Whether a native tradition, or an imported commercial scam, the fact is that Halloween is now a part of many lives.  In past years, I have used this space to talk about the history of Halloween, horror movies, and even monsters and ghouls.  This time I leave to others the task of looking for the links between Halloween and the Day of the Death, and I will not even bother to refute those who are going around saying that the Mexican ceremonies from Michoacán state have their roots in Aztec culture when the Aztecs were not even from that part of the country.  This year I decided to share with you five of my favorite ghost stories and spooky legends from the Spanish speaking world. There are plenty more, including many stories from the rest of the world that I have also made my favorites and I will probably share in the years to come, but for now, please let me tell you the following stories and legends, so go ahead, dim the lights, get under the blanket, and prepare yourselves to be spooked:

Ánimas Mountain (El Monte de las Ánimas. Spain)

The story tells us that a long time ago, during the Arab occupation of Spain, the King of Castile asked the Knights Templar to come to Soria, a village in his kingdom and help him defend the city. Unfortunately, this made the local aristocrats angry as they thought that they were brave and skilled enough to defend the kingdom. The situation got worse because the Knight Templars controlled Ánimas Mountain, a place reach with game and a hunters’ paradise. As a result, the noble Castilians had to find their food somewhere else. They did not succeed and lived a life of austerity while the knights were hunting and enjoying the abundance of the mountain. Soon, both groups met in fierce battle that left Ánimas Mountain full of corpses that were eaten by the wolves. The king intervened and banned them all from going back to the mountain turning it into a desolated sight with a decaying Knights Templar chapel.  It is said that ever since, on the eve of the Day of the Dead, the chapel’s bell can be heard, and the souls of the warriors come back to the mountain wearing their torn battle suits and leaving their grim footprints behind. For many years people were cautioned not to go to the mountain on the Day of the Dead’s eve.

Then, many years later, Alonso, a young aristocrat from Soria, who was in love with Beatriz, a beautiful young woman who was visiting the village, and staying at the Count of Alcudiel’s palace, announced that she was going to leave the village and live in France. Alonso, devastated, confessed his love and told her of his fear of losing her forever. To this confession, Beatriz replied that in her kingdom there was a tradition where the gentleman would give the lady a garment or a personal item to pledge his love. Immediately, Alonso gave her the brooch that held the feather to his cap, and asked her what she was going to give him in return. She told him that she would pledge her blue ribbon. She looked for it, and realized that she had lost in on the mountain earlier that day, so she asked him to go to Ánimas Mountain and retrieve it.  Alonso admitted that he was afraid to go to the mountain that night, but she did not change her mind. Finally full of fear, Alonso got on his horse and off he went in search of the blue ribbon.

As the night got darker, Beatriz heard noises, a bell, and horrible screams coming from the mountain until she finally fell asleep. The following morning she woke up to the screams of nobles and commoners alike. They were yelling that young Alonso had died on the mountain the previous night. She got out of bed to go outside, and that was the moment when she saw a torn bloody blue ribbon on her bed. When the servants reached her chambers to tell her of Alonso’s death, they found Beatriz dead; her face had with a horrible expression: She had been scared to death!

From that day on, the legend tells that on every Day of the Dead’s eve, the skeletons of many warriors can be seen fighting all over the mountain, and if you pay special attention, you can see the figure of a pale barefooted bloody woman yelling and screeching around Alonso’s grave.

The House of Don Juan Manuel (La casa de don Juan Manuel. Mexico)

There was a house in 16th Century Mexico City, the colonial capital of New Spain. It’s address: 94 Uruguay Street. It was the home of Don Juan Manuel de Solórzano, a wealthy man who was married to a beautiful woman who happened to be much younger than him. Don Juan Manuel was very jealous and he firmly believed that his wife was cheating on him. To find out who was her lover, he invoked the devil and made a deal: Don Juan Manuel gifted his soul to the devil in exchange for the name of his wife’s lover. Once the deal was sealed with Satan, Don Juan Manuel learned that his wife had been loyal to him all along, but it was too late.  The house still exists in Mexico City and it is presently used as an events ballroom. It is said by many that at night you can see a man dressed in 16th Century fashion who paces in front of the main entrance and approaches those who go by the house and asks them the same question: “What time is it?” and when the answer happens to be: “eleven o’clock”, Don Juan Manuel just answers back: “How fortunate is the man who knows the time of his death”.

La Tunda (Colombia)

Do not confuse the name with the Spanish word for a beating. It has nothing to do with it. It is said that for centuries, a horrific creature has inhabited the forests of Colombia’s Pacific coast. This monster has an insatiable appetite for human flesh and it prefers small children. Hunters and their families can be tricked by this creature at night when it takes the shape of a beautiful woman to trap men, and imitates the voice of a child’s mother to lure them into the forest where it holds them prisoners in a cave until it eats them one by one. The legend says that in order to keep them from running away, the creature feeds them seafood with special powers that paralyze the body leaving the victims totally helpless.  Many say that even now, especially in the Chocó region of Colombia, you can hear this motherly voice calling for its victims at night.

The Legend of Caá-porá (Paraguay)

There is a giant with a huge head who lives in the Guaraní Mountains of Paraguay. This huge being can only be seen in the most inaccessible parts of the mountains, but those who have encountered it, claim that he smokes a macabre pipe made of a human skull. Caá-porá will not harm those who go to the mountains to hunt for their own food, sometimes he even guides their dogs to the prey. However, this giant is ruthless with hunters who go to the mountains for the sole purpose of hurting the animals. Those hunters will face Caá-porá who will devour the animals before the hunters can get to them, spoiling their hunting trip. On other occasions, this big-headed giant can confuse the dogs so they cannot find any game, and kill the hunters to eat them.  It is said that those who have escaped the giant and made it back to civilization, come back under a spell and are never the same. Now you know, so the next time you go to the Guaraní Mountains and run into a hunter who may look bewitched, dozing or sleepy, you will have met a victim who escaped from Caá-porá.

Súpay (Argentina)

Also known as Zúpay, is a devil known since the days of the Incas. Súpay lives in the northern and central regions of Argentina in an underground cave named Salamanca. His home was originally called Supaihuasin (hell in Quichua).  This devil dresses all in black with a broad hat, gold and silver ornaments, spurs, a dagger, and a guitar. On Tuesday and Friday nights, it rides its horse until it finds some unsuspecting travelers. He asks them to dinner, and after hours of food and drinking, and once Súpay has entertained its guests with his guitar, he proposes a deal to his victims: their souls in exchange for temporary fortune and reaches.  Súpay followers visit his underground cave to learn his black magic and other means to hurt people.

I did my part to put you on the Halloween mood, now I ask you to please share with us other chilling legends or stories from your countries.

When the interpreter does not hear the speaker.

October 21, 2015 § 3 Comments

Dear Colleagues:

In recent weeks I have been contacted by two different colleagues who basically had the same problem: What do you do as an interpreter when you did not hear what the speaker said, and the cause of the problem is the speaker himself?  I thought about the question, and I realized that this situation is more common than we may think when we first consider it.

There are many reasons why an interpreter’s professional life can get complicated, and one of them is a poor speaker.  There are also a multitude of circumstances that arise during a conference, negotiation, trial or interview, that will not let us hear what was said, many of them can be traced to a deficient sound system, bad interpreting equipment, wrongly situated interpreters’ booth, technician’s ineptitude, and others.  Today we will focus on those occasions when the problem can be traced back to the speaker.

There are basically three kinds of speakers for the matter that occupies us this time: The experienced speaker, the novice, and the careless.  A seasoned individual used to public speaking will speak clearly, at a good pace, and with the audience in mind. If these speakers are used to an international audience, they will also adjust the form and content of their speech so it can be interpreted to a series of foreign languages without major problems. With some exceptions, we find these orators at the events of the highest level.  They are the group that creates the least problems for the interpreters, and can be approached with suggestions to improve the rendition into the target languages.

Many novice speakers have to deal with fears and insecurities, their experience addressing a crowd is non-existent or at best very limited, and they ignore the details and even the basic rules that must be observed when talking to a diverse, multicultural, and foreign language speaking audience.  They can be very difficult to interpret, and hard to hear; but once they are past their fears and insecurities, they are usually receptive, coachable, and willing to work with the interpreters.

It is the careless speaker that causes most of the interpreters’ headaches.  Many of them have been around long enough to know how to speak in public and how to address a foreign language crowd; they all know that there are special considerations by the orator when a speech needs to be interpreted into another language, but they consider it of little significance and dismiss it. Some of them are even worse, as they truly ignore the basic rules of public speaking before an international audience because they just don’t see any benefit or motivation to learn them.  These are the speakers that will keep interpreters sleepless all night.

Besides separating this problem from all technical and logistics occurrences that can cause difficulties when listening to the speaker, to be able to look at this issue in detail, we must deal separately with the different types of interpreting where the situation may be present sometimes.

Conference Interpreting.

The most common situation is when the speaker abandons the microphone.  The presenter leaves the podium with the fixed wired microphone and walks around the stage speaking directly to the audience without any devise, or holds a handheld mike as he speaks, but keeps the microphone pointing to the opposite direction from his mouth, making it impossible to hear in the booth what was said.  The problem could also exist when the speaker has a lapel microphone which has been poorly placed on his body or when he ruffles the mike with his hands or clothes.

The best way to avoid this issue is through education.  With the exception of the experienced speaker, most people will benefit from a brief orientation on how to work with interpreters. Reputable truly professional agencies and event promoters will likely take care of this issue by providing some literature to the presenter ahead of time, or by asking the speaker to set aside a few minutes before the speech to talk to the interpreters who will let him know what adjustments he needs to make for the benefit of the booth and more importantly, for the benefit of the foreign language speakers who are in the audience as guests or as paid ticket holders.  I suggest that you have a standard brochure, prepared by you to be given to the speaker, where you address and explain all these nuances and considerations that must be kept in mind when speaking before an audience with interpreters.  This can be used when the agency is not that reputable or experienced and does not even think about this speaker orientation aspect of the event, and you can offer it as an added value to the client, and charge for it.

Next, unless it is an experienced individual or a very busy dignitary or celebrity with no time to spare, you need to be ready to meet with the speaker before the event anyway; even if it is just to ask if he read the brochure and to inquire if he has any questions, or, as it will no doubt happen many times, to go over the contents of the brochure with those orators who “did not have time to read the brochure ahead of time”.  It requires that at least one interpreter from the team (usually the lead interpreter for the event) arrive to the venue a little earlier. When there are several booths, you can distribute responsibilities so that an interpreter is testing the equipment with the technicians while you are meeting with the speaker about the orientation brochure.

The strategy above should take care of most situations, but you have to be prepared for the speaker who forgets what he was told during the orientation and leaves the microphone behind in any of the ways described above.  In that case your options are limited a somewhat drastic measures:  (1) Your first option should be interpreter console in the booth (when available) and let the speaker know that he is not using the microphone, or that he did not turn it on, by pressing the slow-down button on the console. This is a discreet way to communicate with the presenter without leaving the booth.  (2) When the interpreter console does not have this button, as many older models do not, then the interpreters should use the help of the technician, and ask him to let the speaker know that there is a problem, either by the technician approaching the stage and communicating with the speaker by discreet signs, or by passing a note to the podium.  (3)  If the technician is not around at that particular time, one of the interpreters will have to leave the booth and hopefully, from the back of the room, get the attention of the orator. If this is not possible due to the booth location, lighting of the room, or the distance to the stage, then the interpreter should approach the stage and deliver the note to the speaker.  (4)  Finally, there will be times when none of the above options may be available because the interpreters’ booth is in a place relatively inaccessible from the stage (many built-in booths have access from the street through a separate entrance from the main auditorium’s). In those rare cases the interpreter can get to the speaker by asking the audience he is interpreting for, to please ask the speaker to speak into the mike. This is a drastic measure but it is better than leaving half of the attendees in the dark as to what the speaker said during the presentation.

Court Interpreting.

The situation in court is different.  First, unlike a conference setting, there will be several people speaking back and forth during the same occurrence, usually a hearing.  Some of them will be aware of the need to be heard by the interpreter while others, like the witnesses and the parties to the litigation, will not even realize that the hearing is being interpreted into a foreign language.  The most common scenarios where it will be difficult, if not impossible, to hear what has been said will be when the person speaking moves away from the microphone. In the case of the witnesses and litigants the problem could also be that they simply do not speak loud enough.

Because of its rigorous rules and protocol, and because there is a record being kept of the hearing, interpreters in this setting have an easier way to correct a party when they cannot hear what was said. It is enough for the interpreter to raise her hand and voice and state aloud (in the third person because there is a record of the hearing and therefore the voice of the person speaking has to be announced for the transcriber) that “the interpreter cannot hear the attorney, judge, witness, plaintiff, etc., and ask that the parties speak into the microphone. Thank you”. Some interpreters may prefer to ask the judge to admonish the parties to speak louder or using the microphone, by stating aloud, immediately after the word or phrase was uttered, that: “the interpreter respectfully asks the court to instruct the parties to speak louder and into the microphone”.  Because as a general rule there are no booths and the interpreters are very close to the judge and litigants, this can easily be accomplished in an expeditious way. The only word of caution would be that the interpreters must find the best place to locate themselves (in those courtrooms where there is no interpreter desk) to avoid interrupting the proceedings very often.  Another valuable resource that should be used before interrupting the hearing is a simple consultation with the passive interpreter in the team. Many times the passive interpreter may be able to discern what was said because, unlike the active interpreter, she is not listening to the hearing over her own voice at this time.

Consecutive interpreting.

This problem could be easy to solve or very difficult during a consecutive rendition. It depends on the venue. When doing consecutive interpreting in court, usually for a party or witness who is testifying from the stand, the solution is the same as in the case of simultaneous court interpreting above. Sometimes, if the word that was not heard is irrelevant to the hearing, the interpreter can ask the witness, who is sitting next to her, directly. It would be better, and safer, to announce this circumstance first by stating aloud: “the interpreter will ask the witness to clarify (or repeat) a word that the interpreter did not hear…”

When the interpreter is working as an escort and there are words that he did not hear because of background noise, or because the speaker turned her heard the other way when she said the word, the interpreter can simply and informally stop her on the spot and ask her to repeat what she just said. This is quite common when visiting touristic attractions, industrial plants, or places where crowds gather such as markets, plazas, train stations, and so on.  The same solution can be applied to healthcare interpreting during doctor or nurse appointments.

The situation is quite more complicated in the case of a long consecutive rendition during a press conference, diplomatic negotiation, or a ceremony.  In this case there could be different scenarios: (1) When the interpreters are working as a team, the passive interpreter can help the active colleague in a similar way as described above when we dealt with court interpreting. (2) The situation is more difficult when the interpreter is working alone. Many times the solution will depend on the style of the interpreter as he could start the rendition while slipping a note to an aide asking for a term that he did not hear, he could ask the speaker to repeat the term after he finished his statement and before the interpreter starts the consecutive rendition, or the interpreter can go ahead with the rendition and stop to ask at the time when the word that he did not hear was said by the speaker.  This may sound quite scary, but we must remember that this case scenario will rarely happen as interpreters are well-prepared for these events and know the relevant terminology; Many times the word that the interpreter did not hear can be inferred from the context of what the speaker said, sometimes the name is repeated later on the speech and the interpreter heard it the second time, and the word may turn out to be irrelevant to the message and therefore it can be left out. Remember, this is not short court consecutive interpretation.

As we clearly see, once again we face the reality that interpreting is a very difficult profession, but many of the complications and problems that appear during the rendition can be prevented and resolved with good preparation, which includes educating the speaker. I now ask you to share with the rest of us some of the times when you had to face this same issue, and tell us how you solved the situation and saved the day.

A lesson to all interpreters.

October 12, 2015 § 9 Comments

Dear Colleagues,

We have seen over the past few weeks how a grassroots movement by some of our colleagues has produced results that until recently would have been considered unrealistic.  I am referring to the freelance United States immigration court interpreters who, so far, have refused to accept the contractual conditions offered by a new federal government contractor that does not deal with them as language professionals but as unqualified laborers.

For many years, federal government contractors did their bidding and earned contracts from the immigration courts (EOIR) based on a widely accepted assumption that immigration court interpreters would take any fee offered to them, regardless of how low it was. This is how the bidding process worked and produced the abhorrent working conditions that LionBridge imposed on the interpreters, including extremely low fees, absurd cancellation policies, unprofessional treatment where the interpreters’ word had no credibility when their word conflicted with court staff, and even a penalty for those who wanted to be paid on time.  For these reason many interpreters left, or never entered, the immigration court interpreting field. It was just unattractive to those who wanted to make a higher income and expected to be treated like professionals.  Even now, the testimony of several attorneys reflects this reality when they comment that, many times, the quality of the interpretation in immigration court was lower than at those courts managed by the Administrative Offices of the Courts.

This is the environment that SOSi, the new bidder, encountered when they came into the picture. No wonder they pushed interpreter working conditions to a low never seen before.  They assumed that this time would be like the others and interpreters would take the offer, no matter how unfair and insulting.  They were wrong.

You see, friends and colleagues, a few things have changed since the last time the contract was awarded to LionBridge. By the time SOSi bids for the EOIR contract, there were more interpreters with a formal education than before; these colleagues had entered to the world of immigration court interpreting for many reasons: to gain some professional experience, to put their name out there, to have some income to begin to repay their student loans…

They worked as immigration court interpreters, but they were not there to stay; their time working over there would be a step towards a more fulfilling and better paid career. They did not plan to stay, but while they were there, they shared their ideas about professionalism and their personal dreams with the other interpreters who were already there. They inspired many of them to study to better themselves as interpreters, to go to a community college and study interpretation, to take a state or federal court interpreter certification exam, to become certified as healthcare interpreters, and so on.  The crowd that SOSi encountered did not look much like the one its predecessor found some twenty years earlier. The result: They would not put up with worse working conditions than the horrendous ones they had suffered from the previous contractor, so they refused to sign the contracts, and the deadline for SOSi to take over interpreting services came and went without fulfilling their obligation because of their lack of the most precious and indispensable asset to provide interpreting services: the professional immigration court interpreter.

These colleagues took advantage of things that were not there the last time the contract was up for bids: social media, communication and peer support, information about the working conditions of other court interpreters working somewhere else, and the experience of our colleagues in the United Kingdom with another agency devoted to the degradation of the professional interpreter: Capita.

The refusal to sign these individual contracts happened all over the United States, the voice got louder, blogs spread the word and informed some not-so-well known facts about the contractor (https://rpstranslations.wordpress.com/2015/08/31/disrespecting-the-immigration-interpreter/) virtual forums were created, professional associations intervened, the media wrote about this issue in English (http://www.buzzfeed.com/davidnoriega/immigration-courts-could-lose-a-third-of-their-interpreters#.sopPZ5w26) in Spanish (http://www.eldiariony.com/2015/10/07/disputa-laboral-de-interpretes-amenaza-con-agravar-demoras-en-tribunales-de-inmigracion/) and discussed it on the radio (http://www.scpr.org/programs/take-two/2015/10/09/44770/backlog-at-immigration-courts-could-grow-with-a-pa/)

The contractor, probably frustrated by this “unexpected occurrence”, apparently decided to get help from local language services agencies all over the country to see if, by buffering this link between them and the professional immigration court interpreter, some colleagues would agree to sign the individual contracts, and, unless there is some legal figure no interpreter is aware of, as a result of their signature, they would become contractors of a sub-contractor (the local agency), putting them one more step away from the entity that won the contract: SOSi. In fact, I have heard from several interpreters in different cities who have contacted me with their concerns about the contents of this contract that has been offered to them.

Although the following is in no way legal advice, nor is intended in the slightest to be such a thing, I have decided to give my opinion about some of the portions of the contract as they were presented to me by my colleagues. Remember, this is just my opinion, based on my many years of professional experience as a professional interpreter, and my years in law school.  Your opinion may be different and I will not dispute such a thing.  Let’s see:

The most common concern about our colleagues can be summarized by this colleague’s observations: In general, I have my doubts that my previously negotiated  half/day and  full/day rates would really be respected, in light of SOSi’s option to pay these “…unless EOIR determines that using a different CLIN would result in less cost to the government.”  What does this mean in plain English?

There is a legal principle in civil law (and contracts are civil law) called the parol evidence rule. This principle states that all negotiations between the parties to a contract that took place before or simultaneously to the signing of a contract, that are not clearly spelled out on the document, are non-existent and therefore, non-binding and unenforceable. This means that all “negotiated rates” that are not in writing are irrelevant. (https://en.wikipedia.org/wiki/Parol_evidence_rule) (http://thelawdictionary.org/parol-evidence-rule/)

A follow up question to the last comment was this one: what is a CLIN?”

Although I do not know for sure, I believe that “CLIN” in this context refers to “Contract Line Item Number” This would mean that if EOIR finds a legal way to pay less than the “previously negotiated rate” or If other interpreters are willing to work for less, the pay could be impacted.

Some interpreters are concerned about the travel expenses when they are asked to go out of town to interpret a hearing.  Apparently, the section of this contract that addresses this issue does not mention the English<>Spanish interpreters.  As far as travel expenses, keeping in mind that English<>Spanish interpreters cover the immense majority of the immigration cases, my feeling is that they could be leaving the English<>Spanish interpreters out of the equation because they feel they can meet these needs with Video Remote Interpreting (VRI) and with local folks if needed.

It is also worrisome that said contract seems to emphasize “telephonic interpreting”, indicating that this service will be paid at an hourly fee. As we all know, like all professional services providers, interpreters sell their time.  Getting paid for the time interpreted based on an hourly pay would result in a detrimental situation for the interpreter, because nobody is paying for the time it takes to this professional services provider to get ready to do the rendition (travel to the courthouse or detention center, setting aside big chunks of time to do the assignment, etc.)

According to some colleagues, SOSi appears very firm on its insistence that interpreters compete for offered work assignments on a generally accessible “available assignments” website.  In other words, interpreters would no longer be contacted individually, as with Lionbridge, to accept or reject offered assignments.  Apparently, SOSi’s recruiters have explained the validity of this policy as a way to avoid having to hire assignment coordinators.

In my opinion, Immigration court interpreters must keep in mind that SOSi’s contractor history and system is based on bidding subcontractors. That is how most Department of Defense contracts work (and remember, they are primarily a defense contractor) so I don’t see them changing strategy. All interpreters could be considered subcontractors bidding for a job every time there is a need for an interpreter.

This is the most critical hour for our immigration court colleagues because this is when experienced agencies and contractors put in practice their well-rehearsed tactics.  Some interpreters may decide to sign a contract even though the “promised, negotiated fee” is different from what the contract states, or it is hidden in an appendix or table. Immigration court interpreters will only achieve the dignified treatment they deserve, and has been denied for so many years, if they continue to speak with one voice, and it will get more difficult unless those with more experience and formal academic education step in and help their colleagues.  We must remember that fear can derail any project, and the immigration court interpreters are not a homogeneous group. Unlike conference interpreters, many of them interpret at a questionable quality level, others may think, deeply inside, that the ridiculous fees offered by the contractor are not so bad, some may live from paycheck to paycheck, and may decide to sign the draconian contract; and some of them may not really be freelancers, but employees with no steady job.

The truth is, that to get to a professional fee, the interpreters have to be willing to stay away from the immigration courts for as long as it takes, and during that time, if they are truly freelance interpreters, they will find their income doing so many other interpreting assignments. If they are really independent professionals, they will have to come to terms with the realization that well-paid immigration court interpreting will not be an everyday thing; it will be one of many other interpreting assignments that the true freelancer will have to cover. EOIR is a client. It is not an employer.

The contractor, SOSi, LionBridge, or any other has a responsibility to their shareholders, and that is fine. The federal government has budgetary limitations, and that is fine.  It is because of these undisputed facts that the independent immigration court interpreter needs to understand that to get the financial resources to cover his professional fee, the service will have to be more efficient. Less hours of work at the EOIR, but better pay.  That is how the freelancing world works, and all interpreters will need to understand it; otherwise, the lesson learned will not be the one this entry begins with, but instead, the lesson will be that once again, because of the interpreters’ lack of determination and unity, things will stay the same.  I ask my dear friends and colleagues not to waste this unique opportunity in their careers.

Although these lines merely contain my personal opinion, and in no way this pretends to be any legal advice for anybody, if I were facing the situation these immigration court interpreters in the United States have in front of them, I would hold on to signing anything until it is clear who stays and who does not. If SOSi stays, to become attractive to the interpreter community, they will probably make some changes to their contractual policy towards the interpreters. If there is a new different language services agency, I would wait to see what they have to say first. Also, for my peace of mind and for the safety of my professional future, I would never sign a contract after talking to the HR people. I would ask for the legal department because I would need to understand, and know, the contractual terms, and the likelihood that they will be honored by the language service provider. I now invite you to share your opinion with the rest of us, and for the benefit of as many interpreters as possible.

Attention interpreters: Butcher or Surgeon?

October 5, 2015 § 2 Comments

Dear Colleagues:

For many years I have devoted a considerable part of my time and efforts to promote, develop, and defend the professionalization of our interpreting services. There have been many times when I have been left with no other choice but to fight against the usual forces that tend to diminish, manipulate, and erode our profession:  Greedy agencies who want to hire anybody, regardless of skill, knowledge or qualification, if this move will translate into a greater profit; Ignorant clients who cannot see the difference between speaking a foreign language, and actually interpreting to and from it; Self-serving bureaucrats who care about nothing other than their petty jobs and the opinion of their superiors within their sad organization; and mediocre “wanna-be” interpreters who constantly try to lower standards and expectations in order to fit in the ocean of cynicism and falsehood where they swim portraying themselves as professional and apt individuals, disregarding the nefarious consequences that their devastating services will undoubtedly cause those for whom they “interpret”.

Interpreting is the oldest bilingual profession on earth, but its modern version is relatively new all over the world. Because of historical and empirical reasons, some fields of interpretation have developed faster than others, and for the same reasons they are better regulated, known, and respected by both individuals in the field of communication, and the population at large.  In some parts of the world interpreting services have been part of the legal process for centuries, and due to current tendencies, globalization and commercial relations among all nations, their services are among the better-known and more strictly regulated interpreting services.

In the United States, Europe, and many Latin American countries, oral adversarial legal proceedings and intense trade have produced the certified, licensed, qualified interpreter who has passed through some knowledge and skill assessment process, and complied with legal, ethical, and professional requirements. Many of them have the benefit of a formal professional education as interpreters, attorneys, or other law-related fields which allow them to learn and understand highly sophisticated concepts and the complexity of the legal process.  Because of the subject matter they have to work with, the magnitude of the consequences of those acts and proceedings they participate in as interpreters, and the legally established and sanctioned certification process to be able to work, these individuals are considered by the legislation not only professional service providers, but professionals of a specialized discipline: These interpreters practice legal interpreting.

It is important to keep in mind that not all legislation and systems are at the same developmental level, and even the most evolved ones are far from satisfactory; they do not cover all scenarios or proceedings yet, but they constitute a series of steps in the right direction, and reflect the efforts of hundreds of interpreters, legal experts, administrators, activists, and others who have fought very hard to get to the place where we find ourselves now.

In the United States, interpreting services in a legal proceeding are constitutionally required in all criminal cases, and thanks to the Civil Rights Act, they are mandated in all other proceedings where the federal government is financially involved. There are currently several states that have also incorporated this essential service into their own legislation.

The nature of the services rendered by the interpreter in a legal context are professional as they are linked to the practice of the law by attorneys, judges and other officers of the court. Attorneys cannot practice law without a license, patent, or certification that allows them to present themselves as lawyers, and provide legal services such as advice and representation to their clients.  Judges have to meet many requirements to be able to do their jobs as well.  There is no doubt that it is for this reason that legal interpreters are required to be certified. Just as the attorneys, in the United States an interpreter can be certified at the state or at the federal level.

Attorneys, judges, and their interpreters deal with matters that can impact the life, freedom, pocket, or reputation of an individual. This makes them a very special group: They are subject to rules and canons no other professionals have to observe. It is so important, that nobody can practice law without first been admitted to the bar, (http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf) and those who violate the law are subject to penalties that can go from a fine to the loss of freedom. It is a crime to practice law without a license (http://apps.americanbar.org/publicserv/immigration/notario/california.pdf). In the United States, with some exceptions that we are working to eliminate, court interpreters must have a certification or license to be able to provide their services in court when interpreting to or from a language that is part of that state’s certification program. Dear colleagues, this is extremely important, because it is an essential step in our road to full professionalization and recognition of the profession.

Court interpreter certification programs and legislation have a long, long way to go, but so far we have been moving in the right direction.

As an attorney, when I used to practice law, there were few things that bothered me more than to find out that a non-lawyer was practicing without a license and hurting people.  These individuals exist. They are out there, preying on the most vulnerable communities, among them, those who cannot speak the language of the country where they live. There have been many cases of “notarios” busted for practicing immigration law without a law license.  I applaud the efforts of the attorney bars and government agencies who are constantly looking for these predators.

I have not practiced law for a long time, and during all these years I have felt the same way every time I see someone who is not certified to interpret in a legal setting. Unfortunately, the response from professional associations and government authorities has not always been the same as in the case of “wanna-be attorneys”, but there has been progress.

That is why it really bothers me that some are trying to undermine this quest towards professionalization by diminishing the importance of the practice of legal interpreting and by proposing solutions that do not match the legal system philosophy nor satisfy the needs of the parties involved in a legal dispute.   Individuals moved by greed, ambition, or perhaps mere lack of knowledge of the practice of the law have suggested, and are trying to implement, the notion that “not all legal interpreting requires of a certified court interpreter”.  They have erroneously concluded that Article 1 courts do not need of the services of a certified court interpreter, and that many legal acts that involve attorneys and legal advice should be left to community interpreters who will have a different set of skills and a lack of knowledge of substantive and adjective law, including the rules of evidence.  In other words: instead of joining in our struggle to achieve excellency in all fields of legal interpreting by preparing, training, and certifying as many court interpreters as necessary, they have decided to set back our fight for professionalization by arguing that less-prepared interpreters will meet the requirements to practice in legal settings that are outside Article 3 courthouses.  They are playing a very dangerous game. Let me explain:

Currently in the United States only court proceedings before an Article 3 court are required to use the services of a certified court interpreter (if certification into that language is available) Article 3 courts are those that are part of the judicial branch or a government (federal or state). Unfortunately, as of today, Article 1 court proceedings do not require the services of a certified court interpreter (if certification into that language is available) at the federal level and in many states. Article 1 courts are those that are created not by the federal or state constitution, but by congress or a state legislature and are part of the executive branch of government (usually with a degree of independence). They are commonly known as “Administrative Courts”.  Some examples would include, at the federal level, Social Security Hearings and Immigration Courts (EOIR) and at the state level, the most common administrative courts are Worker’s Compensation Courts.  Articles 1 and 3 refer to the articles of the U.S. constitution.

Those in favor of de-professionalization of court interpreting by lowering the requirements needed to work in a legal setting argue that certification only exists for “court interpreting” and not for “legal interpreting” and that administrative courts are less formal than Article 3 courts. For this reason, certified court interpreters should not be necessary.  They also argue that many of the services provided by an attorney are more “community interpreter-related”, making community interpreters better equipped to assist the attorney’s client, as they are more apt to provide feedback to the attorney about cultural nuances than a court interpreter who is very rigid and strict due to the formal court setting training they receive. This is scary and far from the truth.

The first argument that administrative hearings are less formal than a hearing before an Article 3 judge are nonsense. It is true that the proceedings are more relaxed and not as rigorous in an administrative courtroom, but the rules of proceeding and evidence still apply. Attorneys and judges still argue the law, and legal theories are presented with pro and con arguments by the litigants.  Because of the complexity of all of this, and because of the importance of what is being decided, all those lawyers appearing before an administrative judge have to be admitted to practice law in the jurisdiction where they are providing their services.  A law student who does not pass the state bar is as barred from practicing law in an administrative court as he or she is in any court of the judicial branch of the government.  Administrative judges are also attorneys and receive special training to be judges.  Both, attorneys and judges are professionals; we are professionals too. Only certified court interpreters should be allowed to practice in administrative hearings. The complexity and sophistication of the issues before the court require of a professional specifically trained in the legal field to interpret. Nothing less in acceptable. How can somebody interpret something he or she does not understand?

The second most common argument is that current legislation does not require of a certified court interpreter for those legal services that happen outside the courthouse.  It is true that the current law is not clear in this regard, but that does not eliminate the need for a competent specialist who is familiar with the law and procedure.  The law clearly states that all services performed by an attorney that involve legal advice or practice must be provided by an individual authorized to practice law in the given jurisdiction.  Why is the law requiring a licensed attorney to discuss the case with a client, prepare a witness, or conduct a deposition? Because of the highly sophisticated concepts and terminology that will be used during the meeting. Only a certified court interpreter who knows and understands these topics can successfully and safely assist the attorney during these activities. Performing any of the above or similar acts by an individual not admitted to practice law in the jurisdiction is considered unauthorized practice of the law, and that is a crime. For the same reasons, a certified court interpreter should be used at all times.  To the argument that certified court interpreters are not prepared to be cultural brokers or advisors to the attorney in these settings because their training has been too formal and strict, all I can say is that, without putting anybody down, it is very likely that the certified court interpreter will do a better job at bridging this gap between the attorney and his client (not the interpreter’s) because they are usually more experienced and better interpreters than most community interpreters. Moreover, they will also detect cultural hurdles in the legal context that a community interpreter will not be able to notice because of his or her lack of legal knowledge and experience.  To affirm that certified court interpreters will not know how to act and assist the attorney they are working for is plain ignorance. Certified court interpreters know the difference between working as interpreters for the courts where they have to be impartial, and working for an attorney or law office where they are part of the defense, prosecutorial, or plaintiff’s team.  Add to that the fact that they will know the reach and exceptions to the client-attorney privilege in these settings, and the community interpreter will not, or at least will not understand well enough, even if they were just enounced during his training.

There are other paralegal situations and scenarios where a community interpreter can be used without jeopardizing a legal case.  Communications about logistics, social worker appointments, payment plans with the law office, and many others. The golden rule is that when the attorney’s professional service involves a court appearance (any court) an act with potential evidentiary effects (such as a police interview, a law office interview or preparation of a witness) or any occasion where the attorney will provide legal advice or practice law (such as a legal opinion in person or over the phone, or filling up a legal form) the attorney should always be assisted by a certified court interpreter (qualified or licensed depending on applicable legislation) The potential consequences and legal liability of ignoring this rule are enormous as they could impact the life, freedom, assets, or reputation of an individual or a company. When people retain an attorney they expect to see an attorney, they also expect to find a certified court interpreter by his or her side. When you are going to have an operation you want to see a surgeon, not a butcher.

Finally, the argument that the certification is only for “court” interpreting and not for “legal” interpreting, very popular among those who want to de-professionalize court interpreting, can easily be dealt with by remembering that our profession is a work in progress. There is much that we have accomplished in the legal interpreting arena, but there is more to be achieved, among other things, the expansion of certification programs to include testing of civil and administrative procedure. But even without these changes, certified court interpreters are constantly learning and training in all these fields through the continuing education requirements that are in place at the state level, and because of the professional market needs.  Attorneys do not graduate from law school knowing all fields of practice, they graduate knowing where to find what they need so they can learn and understand it applying the legal thinking process they learned in school. It is the same thing with certified court interpreters. As far as the words “court” and “legal” it is probably a better choice to refer to these professionals as certified legal interpreters, but that is just semantics.

Dear friends and colleagues, there is a long way to go, but much has been accomplished in the legal interpreting field. Our efforts should focus on elevating the quality of the profession, not diminishing it. There will always be those who oppose our professionalization, but let them be from outside the profession, not from within. We have to work together to increase the number of interpreters with academic background until it becomes the rule and not the exception; we should continue to encourage other professionals like lawyers, physicians, scientists, and others to join our profession when apt and qualified; we need to strengthen the quality of the certification programs, ideally taking them away from the government just like the attorneys’ bars; and we must demand more and better continuing education programs.

This is the only way to professionalization, full recognition and respect that will ultimately translate into a higher quality service for those in the justice system, and will produce a better income for our colleagues. I ask you to oppose the lowering of the standards and the de-professionalization of court interpreting by sharing this information with your colleagues, attorneys, attorney bars, judges, community activists, and anyone else who may help us defend our profession. I also think that professional associations such as the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States should prepare a position paper in this very important issue. Professional associations are there to protect their members and the profession. I now ask you to share your comments and opinions regarding this crucial issue that threatens our profession at this time.


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