An Ethical Myth: As Interpreters and Translators “We Are Not Allowed to Talk Fees”.
September 10, 2012 § 25 Comments
For many years I have heard colleagues say that we cannot talk about what we charge. I have seen how a simple question about price can turn the sweetest colleagues into the meanest medieval executioners. The reason for this behavior? Someone told somebody a long time ago that it was illegal to talk about what we charge as professionals. I must confess that this “ethical principle” (not compiled anywhere by the way) has always bother me, but after seeing how a simple question about fees turns interpreters into the Incredible Hulk, for a long time I kept my mouth shut, I looked the other way.
The thing is, I cannot do it anymore! The more I teach about interpreter ethics, the more I see how this myth has done a disservice to the profession.
The First Amendment to the United States Constitution guarantees the right to free speech to all individuals in this country. It has no limitations except for the ones set by the Court (You cannot scream “Fire!” inside a movie theater) and by the law: civil and criminal liability in cases of libel or slander. Out of these exceptions, free speech is probably the most cherished human right in the world.
According to the United States Constitution, Can I go around talking about my interpretation and translation fees with everybody? Yes I can! But, Why did they tell me that it was against the law and that I could lose my court certification if I did? Because of a misunderstanding. The law prohibits monopolies, it is illegal to fix prices for goods and services. The market should decide how much my services are worth. In other words, I can talk about my fees with all my colleagues, clients, relatives, etc., I can even advertise them on line, over the phone, on TV, and the list goes on. The thing we cannot do is get together and decide on a universal price for a service. Fixing prices is against the law. But, if you just talk about fees, even if more than one interpreter or translator ends up charging exactly the same, there is nothing to worry about.
Think of it this way: Gas stations sell the same product, they advertise their prices on the road for everybody to see, they are often next to each other, and may times they charge the same price. It is perfectly legal because they have not fixed the price. That is why the guy down the street sells gas for less and maybe for that reason he makes more money.
Next time a colleague asks you how much you charge for a day of conference, per translated word, or I ask you your hourly rate for a deposition, engage in the conversation, there is nothing wrong. You will learn from this experience and so will your colleagues. We need to know the law to obey it and to exercise our rights. My question to all of you is: Even if you know that discussing fees is not illegal, Do you feel comfortable doing it? If you do not, I am curious to read your reasons for not talking price with other colleagues.