The ten worst things an attorney can do to a court interpreter. Part 2.
April 2, 2013 § 3 Comments
Last week I posted my first five worst things an attorney can do to a court interpreter. Next, I share the rest of my list in the understanding that there are plenty more examples of these “worst things,” and inviting you to review my top ten, share your “war stories” and share your comments and solutions with the rest of us.
Here we go:
- Six. “Mr. interpreter let me introduce you to my daughter, she took Spanish in high school and spent a month in Costa Rica so I want her to start interpreting my easy cases. Just show her what you do. She’ll pick up in no time.” I was asked once to help this lawyer’s daughter because she was “really good with languages.” Fortunately for me, I have no problem establishing my ground rules when at work so I immediately declined. Unfortunately, I have seen many of my colleagues playing this role of mentor/teacher/parent with the lawyer’s child who just wants to get her dad to send her to a foreign country during the summer and has no intention whatsoever to become an interpreter. The only solution is to politely explain that you are doing a job and that the lawyers are paying you a lot of money to provide your services; that you are not a teacher (even if you are) and that the “future polyglot“ daughter would not get anything from following you around, so the only thing to be accomplished would be a heftier interpretation services invoice. I would also bring up the client-attorney privilege rules, and remind the attorney that the daughter’s presence could be a waiver of the privilege, and as such, it is the defendant who has to decide after being advised of these potential complications. A more permanent solution could include a paragraph on the written contract stating that you will not train anybody unless you bring the trainee and the defendant agrees to her presence during the interpretation.
- Seven. “You know what, you charge too much, so I want you to just interpret the main parts of the hearing so I don’t have to pay you that much.” I have been told this… more than once! You have been hired to do your job: interpret a hearing because the person does not speak English and he has the right to an interpreter. The fact is that, just as the lawyer, you are a professional and you sell your time. You are there at the courthouse and you cannot be anywhere else. You cannot make money somewhere else because you are committed to this particular client. You are getting paid to be there and interpret everything that is said (ideally) or everything your client tells you to interpret; but you were hired to BE THERE. Because you charge by the hour, just like the attorney, you need to be paid for the time devoted to the case, whether you are interpreting, waiting for the case to be called by the judge, taking a bathroom or lunch break during a recess, or traveling back and forth between your office and the courthouse or law office. Maybe you should remind the attorney of this circumstance when he tells you not to interpret and you will see how quickly he changes his mind and asks you to interpret everything. Here again, the long-term solution to this situation is to educate the attorneys and to have a written contract that states your fee, services, and what you are being paid for.
- Eight. “Do not interpret that!” This usually happens when the client complains to the court about the lawyer. I once had a case when the defendant was before a judge to be sentenced for the commission of a crime. After the prosecutor and defense attorney spoke, the judge asked the Spanish-speaking defendant if he had anything to say. As I interpreted this words to the defendant he looked at me, then he turned to the judge and said: “solo que mi abogado es un pendejo.” (just that my lawyer is an asshole) The attorney, who spoke Spanish, and had political ambitions, stopped me immediately and told me not to interpret what the defendant had said. He then told his client in Spanish that he should not tell those things to the judge. The dialogue looked quite strange even for those who do not spoke Spanish and the prosecutor (who I believe knew all the bad words in Spanish like many Americans do) immediately said to the court that he wanted to hear what the defendant had said. The defense attorney said that it was privileged information, but the judge ruled that it had been said in open court while addressing him directly so he ordered me to interpret the words, which I did with pleasure, to the endless laughter of everybody in the courtroom. The attorney was mad at me for many months as if I had been the one who said it. In this case, the outcome was ideal (well not for the defense attorney) because I let the attorneys argue the point and then waited for the judge to decide. The solution to these situations when somebody raises client-attorney privilege is always to let the lawyers argue the law and then wait for the judge’s decision. It is a legal matter and as such, we should keep our opinions to ourselves.
- Nine. “I need you to tell the jury that my client did not understand because he speaks a different type of Spanish” I have been approached, and sometimes retained as an expert witness to convince a jury that a person did not understand what he was told by another interpreter because she had used a “different kind of Spanish.” Of course I testify as an expert all the time, and when I do, it is because I was retained to assess what happened and give my expert opinion about the issue in question. I have never nor will ever take a case where they ask me to testify one way or another, regardless of what really happened. The simple, and effective solution is to turn down the case; however, most lawyers are not really asking you to lie under oath; in reality they are just asking you to see if their theory is even possible. I usually meet with the attorneys, explain my role, and make sure they understand that most Spanish-speaking people understand Spanish in general, regardless of where they were born, but that there are real idiomatic expressions, cultural practices, and words that have a different meaning depending on the part of the Spanish-speaking world where they were said. If I notice that the claim is frivolous because of the expressions or words involved, and due to the educational background of the individual, I explain to the attorneys that my testimony would only hurt their case; on the other hand, if I see merit on the allegations, I accept the assignment and go to work. I believe this is the best practice because it grants access to your services to those who really need them while at the same time you are avoiding being part of a useless unrealistic claim.
- Ten. “Please collect my fee from my client.” Very few things can get me going the way this request can. Many lawyers have trouble understanding that we are hired to interpret what they tell their client, not to act as their representative or agent during a legal fee negotiation. Many years ago an attorney handed me an invoice from his law firm without saying anything. Of course, I immediately understood what he wanted. I handed it back and told him: “You gave me this document by mistake.” I could see him getting mad, and later I learned that he complained to other interpreters that I was not willing to “work for my own pay.” I never worked with that attorney again, and I have never bargained, collected, or prepared a payment plan for any of the clients of the attorneys I have worked for. Sadly, I have seen how many of our colleagues play this game and spend hours on hallways and courthouse steps waiving invoices, collecting checks, and handing receipts to those who have never been their clients. It is important to set boundaries from the beginning. We all know that part of our job as interpreters for a private attorney includes interpreting fee negotiations between client and lawyer; that is perfectly fine as we are providing our interpretation services to facilitate the communication between the parties to that professional relationship. There is an abyss between what I just described and what some attorneys ask the interpreter to do. Negotiating on behalf of the lawyer is not interpreting and therefore it is not covered by my fee. It is not what I do for living. As I said at the beginning of this post, my clients are attorneys who know how to work with an interpreter and they would never ask me to act as their collections agent, but just in case, you should always be ready to tell the attorney that you are glad to interpret the negotiations, but that you cannot and will not negotiate for them.
As you know, this is only the tip of the iceberg. Please review these “ten worst” and if you are up to it, I would love to read your top ten, top five, or even top one. This should be good…