The scary things deposition interpreters post on social media.
May 17, 2021 § 9 Comments
There are at least two very disturbing things happening on interpreters’ social media: colleagues posting information and images of distance interpreting conference assignments they do (we will discuss this issue separately at a later time) and interpreters complaining or editorializing depositions they interpreted.
It is common to see social media posts by legal interpreters complaining about the things attorneys do in a deposition. Comments like: “I wish attorneys spoke plainly so deponents understand the question;” or “attorneys object to everything because they know their case is a loser;” or “attorneys object in depositions to preserve grounds for an appeal,” are not just unprofessional, they are wrong, and they show the interpreter commenting does not observe the ethical duties of confidentiality and client-attorney privilege, does not act as an officer of the court, and they show this interpreter knows little about depositions, an essential skill to work as a legal interpreter providing this service. I am concerned about this trend because it puts all legal interpreters in a bad spot. Legal interpreters must be trustworthy, and no attorney in their right mind will retain the services of an interpreter who gives play-by-play accounts or opinions of what happens at a deposition and posts them on social media for everyone to see. Hiring such an interpreter would be attorney malpractice.
Attorneys asking the questions in a deposition represents the opposing party, and they are there to find a factual basis to advance their clients’ interests. Depositions are part of the discovery in a civil case through fact-finding and impeaching. Helping the deponent would be malpractice.
Attorneys who object to what is said at the deposition are doing their job and fulfilling one of the attorneys’ duties: to vigorously represent their client. Attorneys do not object to preserve grounds for an appeal; they do it to preserve a record in order to file motions to exclude testimony or other evidence from the trial. Objections to questions not raised at a deposition are treated as waived and lawyers cannot raise them later at trial. To appeal there needs to be a court decision or determination, and depositions take place before there is a trial. When an objection is made during the deposition, judges have not ruled on any evidence or testimony presented during the deposition. Posting comments such as the ones I included above will show the interpreter ignores the purpose of a deposition. This will hurt the profession and directly harm this interpreter who will never move on up to the high-profile cases, and the most prestigious law firms worldwide.
Before accepting an assignment to interpret in a deposition, do your homework, learn the law, find out the parties’ role, and understand depositions are not court hearings, and court interpreting does not qualify as deposition interpreting experience. After taking the assignment, abstain from posting comments or opinions on social media. Even positive comments may violate confidentiality of client-attorney privilege rules. Limit your postings to general topics and stay away from the specific case. Ninety-nine percent of the time, interpreters at a deposition are not there working for the foreign-language speaking deponent or their attorney. They are retained and paid by the attorney asking the questions. Before we interpret, it is a good idea to find out who hired us, directly or indirectly through an agency, before we badmouth a lawyer. I now ask you to share your thoughts on this issue.
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