Effective depositions require team interpreting.
August 8, 2018 § 10 Comments
I was recently part of a two-interpreter team that interpreted for 2 depositions. They each took a full day; they were complicated because of the subject; they were difficult because of the deponents; they were important because of their crucial part in the litigation process; they were stressful because of the financial impact the outcome of the case will have once it is decided in court or settled by the parties; and they were exhausting even for two interpreters.
As I was rendering this service, I remembered the many times I have heard colleagues say that depositions can be interpreted solo because they are interpreted consecutively. Honestly, I do not know how this could be possible without compromising the flow of the testimony, the timing of the questions, or the quality of the rendition.
I rarely interpret depositions, but the two or three times a year I am asked to do it, it is always as part of a team of two experienced legal interpreters directly hired by one of the law firms I work with. I know the fact that many agencies contact interpreters for these assignments and ask them to interpret solo. It is clear they follow this practice not because they believe depositions are simple enough to be interpreted by one interpreter, but because they are putting money before quality. Many attorneys, who do not know better, buy into this idea, and by accepting this practice, they contribute to the perpetuation of the idea that consecutive interpreting in a deposition setting does not require team interpreting.
Before the actual deposition, like in any assignment, my partner and I had to study all materials relevant to the case, we had to travel to another state the day before these depositions, check into a hotel, get to the venue the following morning (in a different time zone) early enough to assess the place and determine where we would sit during the sessions, and set up our iPad and other materials at the boardroom table where the deposition was to take place.
The depositions were complicated because of the technical matters discussed, the many dates, places, names, etcetera. They were also difficult because of the deponents’ reluctance to answer the questions. Both deponents spoke Spanish, but they were from different countries, different gender, they had a different background, and conflicting interests regarding the outcome of the case.
Because the attorneys and interpreters were from out of town, the Law Firm was interested in finishing the matter in two days. This meant long hours with short breaks.
Even though we prepared for the assignment, and we were flooded with many documents, there were certain technical terms, types of software, and other concepts not in the package. We had to research on the run by going online and looking up concepts and products. This can only happen when you have two interpreters working as a team where one interprets (active) while the other one (passive or supporting) does the research and passes on the information found to his or her colleague.
I do not see how this could happen when working alone. The interpreter would have to request a break to research what is needed. This would bring at least four unwanted consequences: (1) The deposition would take longer, generating additional costs when held out of town; (2) It would break the rhythm of the dialogue between attorney and deponent, causing attorneys to lose their train of thought; (3) It would cut the flow of an answer by interrupting the way the deponent is describing or telling something, or in another scenario, it would give a deponent time to think an answer eliminating the effect intended by the attorney asking the questions; and (4) The interpreter’s rendition could be compromised because on top of the complex and exhausting task of interpreting everything alone, he or she would now undertake another tiring task: research in a hurry because you are holding up the deposition. To compensate, attorneys would shorten the breaks and the interpreter would have to work more than originally expected with less time to rest.
On both days, we shortened our active interpreter shifts towards the end of the day so we could maintain the quality level of the interpretation. On both days the passive, supporting interpreter, had to research during the sessions; and as always, when you work as a team, we both consulted with each other when needed (doubts about a term, a number, a regional or technical expression) by simply exchanging notes without interrupting the deposition. I will not even mention the impromptu “saves” during a coughing attack or a bathroom emergency.
Depositions happen in civil cases where there is often a lot of money on the line. My experience is that attorneys who do this work are very receptive to the advantages of having the interpreting service provided by a team. They get the importance of a smooth deposition, and they understand the costs saved by avoiding prolonged sessions because of continuous interpreter breaks. As experienced attorneys, they know the difference between a fresh interpreter and an exhausted one. They are aware of how difficult our work is, and they trust our professional advice. For this reason, they will go for a team of interpreters instead of a solo. I would say to those of you who claim this is impossible because the agencies will not go for it: Talk directly to the law office. Do not wait for an agency to find you for a deposition. Go out there and find your attorney clients yourselves. It has worked for me. I now ask you to comment, and I would like to hear what you do when you are unfortunately interpreting a deposition by yourself and you need time to research something where attorneys are working under time constraints because of financial considerations or due to their professional agendas or the availability of the deponents.