June 23, 2015 § 15 Comments
It seems like every time I open my mailbox, see a tweet, or read a professional publication, I see new advertisement for all these interpreter courses, interpreter certifications, interpreter great opportunities, and so on. There are many government entities, multinational agencies, professional associations, and “professional trainers” who have discovered a new business: create interpreters from nothing!
Let’s see: Just a few years ago Spanish language court interpreters in the United States could only be certified by the United States Administrative Office of the Courts (federal) or by the Administrative Office of the Courts of a state member of what was called the consortium. These credentials were widely known and recognized. Everybody knew what was behind them: a federal certification was more than a state-level certification, and then… there were the non-certified individuals who were precluded from working in the court system, and in those cases when they were used by the government, they were ushered in through the back door because they all knew that they were doing something that should be kept “confidential”.
Well, the enforcement of Title VI of the Civil Rights Act became a reality for all state courts so the Consortium was no more, it has now been replaced by the Council of Language Access Coordinators (CLAC) and now, in order to keep those federal funds coming, the states have devised a clever plan to circumvent the court certification requirement which would be the thing to do according to law, but very expensive, so they have created this new “category” of people who cannot pass the certification test, but are allowed to work in court, entering through the front door, called “qualified”, “conditionally qualified” and other versions of the same thing: an unqualified individual doing a job that is federally mandated and requires of certification. Yes, it is easier, and cheaper, to mass produce these individuals who, in my opinion, are trained to do a job that does not exist, and pays lower than a professional certified interpreter would work for. These individuals are now produced in “programs” developed by some states with the help of opportunist community colleges and “professional trainers” who see fit to create a program and go through the motions in order to deliver these paraprofessionals.
But this was not enough. The developments above showed the way to another lucrative business: the development of another category of interpreter who would be called “community interpreter” but would provide services in legal arenas where the court proceedings are of Article One of the U.S. Constitution: Administrative Courts. The reason for this new category, according to those who are now benefiting from its implementation: To fill in the gap in the legal system that was not been serviced by certified court interpreters. The real motivation: That these courts and their proceedings are not covered by the court interpreter legislation, so there was a great opportunity for agencies to jump in, “certify” their people, and cover the hearings while paying these para-interpreters very little money. Again, the “certification” programs (sometimes called “diploma” programs) have been developed by individuals who saw the opportunity to make money. There is no official oversight nor legal authority for the existence of these “community interpreters”. The only thing that is clear is that court proceedings in administrative courts are as important and complex as the ones heard in Article 3 courts. This is why, to be able to appear before administrative law judges, attorneys have to pass the same bar exam and be members in good standing of their state bar. No lesser requirements for attorneys, but non-existent requirements for interpreters. Obviously, there is a lot of money to be made in a service where the interpreter pay is so bad that no real self-respecting interpreter would get involved.
Then we have the professional associations and multinational agencies that offer their own “certifications” “qualifications” or whatever they chose to call them, to those left-overs who cannot work anywhere else and have to settle for a quick course online, a 15-minute exam online, and a dismal pay in exchange for telephonic or live interpreting at medical offices, school classrooms, community meetings, and the likes. I do not blame those who are providing what in my opinion are questionable services, they are taking advantage of a void in the legal system and a weak group of interpreters who do not fight for their profession, reputation, betterment, and income. The blame is on the authorities who chose not to fix the situation and foster the spread of these “interpreter factories” all over; on the ignorant clients who buy the Brooklyn Bridge every time the agency sells it to them, and on the self-respect and ambition lacking so-called interpreters who enable the system to continue, instead of studying to better themselves as real conference, court, healthcare, or community interpreters.
We as professional interpreters need to protect our profession, we need to watch over our future, and we need to stop this do-nothing attitude and stand up, educate our clients, better ourselves, join real professional associations that work for the interpreters and not against them, and embracing the new technology, explain to the client that, compared to those I mentioned above, we represent quality, and many times savings, as we work without the middle man, the only actor who is not necessary in this play. There are some good agencies, trainers, and professional associations out there, unfortunately, most of them become known to the interpreters once they reach certain level within the profession. It is our job, and responsibility, to point the new colleagues in the right direction. Please feel free to share your comments with the rest of us, but please abstain from coming here to defend the entities I wrote about. They have plenty of forums where to make their case.
June 15, 2015 § 13 Comments
Interpreters face many challenges every day; some are professional, some are technical, and some are market-related. Today we are going to talk about this last category, and we will particularly devote some time to what I consider to be one of the greatest dangers to our profession.
Many times, you have read, heard and complained about the huge bad agencies and the backwards government offices you have encountered during your career. We all know they are there and we should be extremely careful when dealing with them so that our best interests as freelance professionals are protected.
There are other entities in our environment that could be more dangerous because they seemed harmless and deal with many interpreters more often than any other client. I am talking about the small interpreting agencies that exist all over the world in huge numbers. I am referring to those agencies that are individually owned and operate in small markets where so many of our colleagues live and work.
We all heard of the big interpreting agencies, but the truth is that most interpreters do not live in New York City, London, or Chicago. They live in smaller cities and communities where the big agencies rarely take over the market; and they don’t do it because, by their standards, there is not enough money to be made. There are no big conferences, there are no international organizations, and there are no Fortune 500 corporate headquarters. The void left by these big players is occupied by “mom and pop’s agencies” that find these smaller markets attractive, and free of competition against the big language business organizations.
Although there are some honest businesses owned by people who know and care about the profession, many small interpreting agencies are individually or family owned, often times the company owner knows nothing about interpreting or translating, and is monolingual. These individuals come from other professional backgrounds such as sales, computer design, or public relations, and they just happened to stumble upon our profession due to marriage or a change of residence to a more linguistically diverse community. Because of their personal characteristics, and often (but not always) because they are native speakers, they can produce an adequate sales pitch for their not very sophisticated market, and the next thing you know, and without any real knowledge of what we do, they start offering interpreting and translation services and booking interpreters for assignments such as administrative law hearings, medical office visits, and “second-tier” conferences in their own region. So far it sounds bad, but not horrendous. Allow me to continue.
The reason why the get government offices, medical doctors, and small event planners to hire them is twofold: They have enough knowledge of their market to access the places where these clients look for language services (internet search positioning, chambers of commerce, local fairs, etc.) and they offer translators and interpreters for a lower fee. This is the sale!
Remember, when they first started their business they knew nothing about our profession. By now they have learned one thing, the only one they ever cared to learn: You can get translators from poor countries, and local interpreting talent (mediocre at best) for rock-bottom prices. Because of their “sales skills” they are able to convince their client, who is eager to find the cheapest service provider ever, that their professional services are provided by “adequate”, “qualified” native-speaker interpreters. The bureaucrat, doctor, or businessperson who is hiring the small interpreting agency, does not know anything about interpreting experience, certifications, degrees, licensing, patents, or any other interpreter credentials, and they are so thrilled to get the interpreter so cheap, that they will believe anything this ignorant will tell them.
Of course, due to the rickety pay, the agency owner will have these (mediocre at best) interpreters working under deplorable conditions such as obsolete equipment, bad interpreter location inside the room, no interpreting booth, and no team interpreting. Sometimes they will brag to their interpreters that they got them a table-top booth to do their job, and every once in a blue moon they will provide a real technician to be by the interpreter’s side throughout the event.
After the interpreting services are rendered, these agencies will take their sweet long time to pay. Many times a “standard” payment policy will be 90 days, and even then, some of these raiders of our profession will tell the interpreter that “their client has not paid them yet” and will use this as an excuse not to pay the interpreter, who erroneously, will feel sorry for the abusive agency owner, and will gladly agree to wait until the agency gets paid. Never mind the house mortgage payment, the kids’ school tuition, and the family medical expenses. The interpreter will now wait for the “poor agency owner” who will console himself in the meantime with a trip to Hawaii, tickets to an expensive sports event, or at least a fancy dinner.
Dear friends, interpreters will take these terrible assignments, wait forever to get a tiny paycheck, and go back to the same abusive agency owner mainly for two reasons: (1) Because the interpreter is so incompetent, that he knows deep inside that no one else will ever hire him to work, and (2) Because they are so afraid of never working again for this same individual. Not because they are bad interpreters (although each day they will be worse if they stay with the agency and continue to work under those unprofessional conditions) but because they do not know how to get their own clients; because they believe that the clients belong to the abusive small agency owner, and they cannot take them away.
The thing is, dear colleagues, that it is precisely because of the second reason above that these dangerous agencies exist. They are in business because interpreters are too afraid to go directly to the client and explain that the agency is run by a person who knows very little about interpreting, that the service they have been providing through the agency is second-class because they have been asked to work without any technical and human resources, not because they are second-tier professionals. Many times when these interpreters offer their professional services directly to the client, they find out that the agency was keeping more of the paycheck than they thought, and sometimes the government agency, doctor office, and event organizer will realize that they could even save money when they pay the interpreter his full regular fee.
I know that some of you are thinking: (1) What about interpreter services in other languages different from yours? The agency finds and provides all these “exotic” language interpreters on a regular basis. The answer to that is very simple. Although it is not of your concern because you are an interpreter, you can teach the client how to get other language interpreters. If you have been around for some time, chances are that you will be able to provide a name list to the client, and this will satisfy most of his needs. For the others, you can suggest professional associations’ membership directories such as ATA, IAPTI, AIIC, NAJIT, IMIA, etc. and perhaps for those occasions, the client can reach out to one of the big international language agencies. I see no problem because this would help your client without harming anyone. After all, there is nobody in town who could do the job. (2) What about that contract we signed that states that we cannot even look in the direction of the small agency’s client? Many of these agency owners included this provision to discourage interpreters from talking to clients. The best thing to do is to take the contract to an attorney and ask if the provision is enforceable (not legal). If it is not, you know what to do, and if it is, then you just have to wait for the provision to expire, after all none of them is forever.
I know that my colleagues in the big world capitals have little to do with these “family businesses”, but they have appeared here and there from time to time, so please be very careful, avoid them, and remember, in the big city there is always another way to get work. The solution is, my friends and colleagues, to reject work from these entities, fight over the market so they cannot keep it or take it away from you, and observing the law, act like a business. You have an advantage: you know your profession. As you can see, in my opinion we have to separate the big multinational language service providers from these “mom and pop’s” agencies. The big ones meet a market need that we cannot meet individually. Although we have to be firm and careful when negotiating with them, we need them for the big events and conferences. These small ones, these apparently harmless local business are a real danger to the profession. The good news is that in this case you do not need them. You can fulfill the needs of your market. I now ask you, the interpreters, to please share with the rest of us your opinion about these small and dangerous agencies that are all over the place. Please do not reply if you are one of the rare exceptions among this business entities. I already mentioned you as some of the few good guys at the top of the post. And please do not bother to comment if you represent one of these agencies and you want to defend what you do. You have your own forums where you “make your case” all the time.
June 5, 2015 § 14 Comments
This is the time when every two years many court interpreters in the United States, and abroad, are getting ready to take the federal court interpreter certification exam. This test is only offered every two years to those candidates who have previously passed the written portion of the exam. The test is relevant mainly for two reasons: (1) those who have this certification can work as interpreters in all federal courts in the United States (all fifty states and all territories) where work conditions are usually better and the pay is slightly higher compared to the state-level courts; and (2) For better or worse, this certification is by far the best-known and universally recognized interpreter credential in the United States, even for work that has nothing to do with court proceedings. In other words, passing the exam improves the credibility of an interpreter and boosts his resume.
This blog is not the place to discuss the pros and cons of the certification being used as a reference for other non-legal interpreting assignments in the United States, it is just a statement of fact that it is a test widely known by agencies, promoters, and direct clients. It is also a fact that, unlike many other certification exams, the passing rate is very low because the test is really difficult. Add this to the fact that many interpreters in the U.S. do not have an academic background, and the test turns into a useful tool to decide who to hire for a job. Finally, we must keep in mind that the exam only exists for Spanish, Navajo and Haitian-Creole.
My only goal in writing this post is to contribute to the success of those taking the test some six weeks from now. I am not going to talk about what to study from the academic perspective. I will not discuss terminology either. Those things should be learned in school and attending workshops and seminars to improve the interpreting skills of the candidate, and to learn how to study for the test in order to pass.
Today, I will limit to those things that are important, and a candidate must do when the exam is a few weeks away. In this case: about six weeks from now.
The first thing that a candidate needs is honesty. Be honest about what you know and what you can do as a court interpreter. This is the time to work on your weaknesses while at the same time taking care of your strengths as an interpreter. Do a self-examination of everything that will be tested and rank your strengths: At least you need to know where you rank in:
- Sight translation of a paralegal document from English into the target language;
- Sight translation of a legal document from the foreign language into English;
- Consecutive interpreting of a testimony under very strict time limitations;
- Simultaneous interpreting of a monologue;
- Simultaneous interpreting of a dialogue at a relatively fast rate of speech;
- Legal terminology and procedure; and
- General vocabulary in both languages.
You can add other categories if you feel they are needed, but you should at least consider the ones mentioned above. Once you have ranked your skill and knowledge, you have to develop a study plan that will emphasize your weakest points without forgetting about your strengths. Let me explain:
Let’s say that you concluded that simultaneous interpreting is your strongest mode because you practice it daily in your state court or community interpreting assignments. This does not mean that you are going to ignore or neglect simultaneous interpreting for the next six weeks. All it means is that you will dedicate less time to simultaneous than consecutive and sight. In the same example, you decided that sight translating a legal document from the foreign language into English is your weakest point, but consecutive interpreting, especially under the time constraints of the exam, is something you feel less confident about. In those circumstances, your study plan for the first two weeks could look similar to this:
- Sight translation 40% of study time (60 percent of this time for legal documents written in the foreign language)
- Consecutive interpreting 30% of study time (working on concentration, visualization, memory, and very brief note taking with a rendition starting almost as soon as the speaker stops talking)
- Simultaneous interpreting 10% (with special attention to expert witness testimony, opening and closing statements)
- Legal terminology and procedure 10% (making sure to learn the federal jurisdiction terminology and procedure, not the state level vocabulary)
- General vocabulary 10% (paying attention to “laundry lists”, regional expressions, bad words and slang)
Two weeks later, you self-assess your work and reorganize your study schedule to reflect the newest results. You may decide that you need more time for the consecutive and less for vocabulary and sight translation for example. From this point on, I would do this self-evaluation every week and adjust my plan accordingly. It is important to remember that you cannot ignore any of the sections of the test, even if you are very good at consecutive interpreting. It is like playing the piano: you must practice every day to keep your skills sharp.
Because you will be studying a lot, you have to make it fun and interesting. Variety is the key to success and consistency when you study. To increase my vocabulary, I would try to learn 10 new words every day, picking words from the same theme of course; let’s say that today I decided to learn 10 words for items found in a lawyer’s office: desk, chair, file, briefcase, computer, client, pleadings, paralegals, investigators, and telephone. The next day I pick things found in a courtroom, then things in a hospital emergency room, a crime lab, and so on. If I do this every day, by Friday I will have worked with 50 new words; Of course, I will probably remember about 20 of them. That is 20 words I did not know on Monday.
To practice my sight translation from English into the foreign language, I would look for documents that are about the same size as the test to be sight translated during the exam, that are of some quasi-legal content. Letters from your bank, utility company, mortgage creditor and other similar communications usually work pretty well. For the legal sight translation from the foreign language into English I would look for documents on line or from attorney friends in the country of origin. In the case of Spanish, I know that many of the big law offices in Mexico carry “sample” documents in their websites. You can download and use leases, wills, powers of attorney, court orders and decisions, etc. Just remember to divide large documents into several exercises so that you are always practicing with a document the size of the one that you will find when you take the test. Remember to always practice with the same rules as the exam regarding time to review the document and time to provide the rendition. Finally, please record every single exercise you do so you can grade yourself afterwards. You will not be able to see any progress unless you do this.
To practice simultaneous interpreting, I suggest you do two things: First, go to your local federal courthouse and watch a trial or a motions hearing. It does not matter if there is an interpreter or not. You will be interpreting under your breath and you will be taking vocabulary notes for your glossaries. Please avoid state courts because it is very difficult to hear what is actually happening due to the noise, and also, keep in mind that you need to practice with federal terminology, not state. In fact, if there are staff court interpreters in your courthouse, try to talk to them and see if they can tell you when the trials or long hearings are taking place between now and the test. Who knows? Some of them may be nice enough to let you use a receiver if a court interpreter is working a hearing. Now, because interpreting under your breath is always carried without any mistakes, you also need to practice yourself. I suggest you access any of the online sources that exist and provide live coverage of trials. Unfortunately, the viewers’ appetite for live court on TV has declined in the United States, so there is no Court TV anymore. Fortunately, you can find hearings on line. A good place to start is http://cvn.com you can also visit: www.nbcnews.com which is showing the Aurora Colorado movie shooting trial live, www.supremecourt.gov/oral has the United States Supreme Court oral arguments for you to listen whenever you are ready to do it. Many state-level Supreme Court websites do the same. I suggest that you record your rendition, and please make sure that your exercises are similar in length to the ones you will have to render when taking the test.
To practice consecutive interpreting, you can use the same resources listed above for the simultaneous exercises, as long as you stop the recording after each question and answer in order to render your interpretation. Please do no more than 2 repetitions per exercise, and please observe the exam’s time limit at all times. This is crucial for your rendition and note taking practice. Remember, you do not have a lot of time to review your notes and once the time is up, everything you did not get to cover will be considered wrong in the exam. This is extremely important. Too many people fail because they run out of time taking great notes. For the consecutive exercises I suggest you draft a family member or a friend who can help you by reading from a text that you can also download from some of the websites above. This will be a great change of pace and will let you concentrate in your rendition as your assistant will be in charge of timing and repetitions.
For legal terminology and procedure, I suggest you focus on federal matters. Remember: This is the federal test. Terms are very important and as you probably know, we are in the middle of a huge change for many Spanish-speaking countries. It is true that many of the terms we have used in the past will now be obsolete and you should learn the new legal terminology developed by these countries’ legislators, scholars, and judges; but for now, for purposes of passing the federal exam, please continue to use the terminology you feel more comfortable with. For the test all terms will be considered correct if they exist in a recognized publication or dictionary. Obviously, for those terms you do not know yet, I suggest you learn the correct terminology from the start, and if your combination is EN<>ES I suggest the two volumes of Javier Becerra’s dictionary.
To keep your studying fresh and exciting, I suggest you vary the order of the various subject matters: sometimes start with sight, other with simultaneous, etc. Also, I strongly encourage you to have a study-buddy. Someone else who is taking the test and can benefit from the mutual help and encouragement when you are tired, frustrated, or things are just not going as well as planned. With current telecommunications, your study-buddy can be anywhere in the world. Just remember: You are getting together to study.
Please never study when you are tired, angry or frustrated. You will learn nothing and you will waste your time and energy. Be wise and know when to quit. For that same reason, until the last 2 weeks, have a day off every week, and on that day do not study or even think of the exam. During the last 2 weeks you will need to study every single day. Sorry: No social engagements during those last 14 days. You will need to end your study at least 24 hours before the test. In other words: please abstain from studying the day before the exam. By now you will know everything you could learn. Let your brain (and body) rest so you can be sharp on the day of the test. If you have to travel to a city to take the exam, try to get there at least one day earlier so you can find the venue ahead of time.
Finally, on the day of the test, wake up early, have a good nutritious breakfast, and do whatever you enjoy doing: listen to music, workout, read a book, watch TV, anything but interpreting. Do not talk to any interpreter friends, especially if they are also taking the test. We know they are showing their support, but this is not the time for you to talk. Get to the test site early, you need to plan for traffic, parking, and public transportation. Once you arrive at the venue, avoid all others who are taking the test. Do not even acknowledge them. You will have plenty of time to explain why after the exam. You do not need to think of any term, word, phrase, or anything at this point. Keep your brain rested and stress-free.
During the test, do not start any section of the exam unless you are ready to do it. Adjust the headphones, the volume, and the chair; make sure you have your favorite pens handy, remember to time yourself, especially during the consecutive rendition. Use your time wisely during the two sight translation exercises, make sure you use your repetitions during the consecutive only if you really need them, and please, do not stop any exercise because you will not be able to restart it. Do not stress out if you do not know one word, remember, nobody fails for missing one word, but many people flunk the test for losing concentration and missing many scoring units after losing concentration because of a single word.
Now go out there and start studying very hard. You have been working for this certification for at least one year since you took the written portion of the test. Believe in yourself and do your best to pass the exam. In the meantime, keeping in mind that we cannot talk about the contents of the exam, I invite other colleagues who have passed the federal court certification test to share their study tips with the rest of us.