Interpreters: Your clients, and your clients’ clients.

June 4, 2018 § 7 Comments

Dear colleagues:

I get goosebumps every time I hear freelance interpreters talk about their “boss”. I am constantly surprised at the huge number of independent contractor colleagues who refer to the authorities at the agencies, hospitals and courthouses they provide interpreter services for as their bosses.

This is an abomination when used to describe the other party to a professional services contractual relationship, now exacerbated by the very dangerous ruling by the United States National Labor Relations Board (NLRB) in SOSi where it ordered this interpreting agency to reclassify its interpreters working as independent contractors as employees. SOSi is appealing the decision, and we will discuss it in depth on a future post.

Our concern today is the conscious or subconscious lack of understanding of the professional services relationship derived from a contract where an independent interpreter is the service provider.

Freelance interpreters are independent professionals who provide their services for a fee. The terms of such services and fees are agreed upon by the interpreter providing the service and the individual or corporation recipient of the interpreting services in a contract. The parties to this contract are: The professional (who provides the interpretation, in other words, the interpreter) and the recipient of the professional service, called the client.

Yes, dear friends and colleagues, as freelance professional interpreters we provide our services to a counterpart called the client. Our main contractual duty is to render the interpreting services as agreed with the client, and the client’s main obligation is to pay the agreed fee in exchange for those services. The contract is called: Professional services contract.

Freelance interpreters are independent professionals free to choose the clients they want, under the terms they see fit, and for the service they picked. There is no authority figure over the freelance interpreter. All duties, responsibilities and obligations are contained in a voluntary contract (oral or written), a professional code of ethics, and the legislation governing the profession in a particular jurisdiction.  Client and interpreter are equals. There is no boss.

Bosses exist in labor relations where a part: the employee, is in a subordinate position to the other: the employer or boss, who gives directions, orders, and instructions to the subordinate who must comply with these commands during working hours, in exchange for a fixed wage. Employer and employee are not equals in this relationship. An employee cannot choose what she does. If she does not comply she will be sanctioned and even fired.

Webster states that: a client is “… a person who engages the professional advice or services of another…” Oxford tells us that a client is “…a person or organization using the services of a lawyer or other professional person or company…”

Interpreting is a profession. Interpreters perform a professional service. Interpreters, like all professional service providers, have clients.

Here we see then that we must not call a client a boss because it is inaccurate, and it immediately puts the interpreter at a disadvantage. Calling your client “boss” creates a subservient relationship in your mind that will quickly translate into an attitude and lifestyle. It paralyzes the interpreter as she or he will no longer feel capable or worthy of arguing work conditions, professional fees, or assignments.

For those of you who see judges, doctors, court and hospital administrators, and language service agencies: Eliminate that thought. It is wrong. They are your clients, and you can negotiate and refuse assignments when you consider it appropriate.  Your duties and responsibilities to do a professional top-notch job come from the contract, the legislation, and from your professionalism. You do a good job because you are a professional who wants to provide a good service because you want to keep the client, or you just want to do the right thing. You don’t do it because you have somebody breathing on your neck looking over your shoulder micromanaging everything you do. You do not need someone telling you how to dress for an assignment, or reminding you to get there on time. However, as long as you see the client as your boss, they will act as your employer.

Professional interpreters have clients and charge professional fees. They do not charge rates. A commercial product vendor or a non-professional service supplier do not have clients. They have customers. A customer buys goods or non-professional services from a business. Webster defines them as: “…one that purchases a commodity or service…” Oxford gives more details when it tells us that a customer is “…a person who buys goods or services from a shop or business…” Unlike professionals, these merchants get a rate or a price in exchange for the goods or non-professional services purchased.

Physicians and dentists are professional service providers, so they technically have clients, but for historical reasons, and due to the nature of their services, these service recipients are called patients. According to the American Medical Association’s Code of Ethics (AMA), physicians must be “…dedicated to providing competent medical care, with compassion and respect for human dignity and right.” It also considers that people with an illness must wait to see a doctor or to be treated, and that requires patience. Webster indicates that a patient is “…an individual awaiting or under medical care and treatment…”  To Oxford it is “…a person receiving or registered to receive medical treatment…”

I have observed how many freelance interpreters have a hard time separating their client from others who may participate in the process like vendors and providers. The convention center or hotel events center are not the interpreter clients, they are vendors who provided the facility so there can be a conference. Unless the interpreter hired them directly, they have no contractual relation with the interpreter. They are the interpreters’ clients’ problem. The same can be said for the technical support: booths, interpreting equipment, sound system, etc. Unless they were hired directly by the interpreters, these are also suppliers who have a contract with the interpreters’ client, not with the interpreters. They are not your problem either.

Another common mistake is to confuse the direct beneficiary of the interpretation with the interpreter’s client. Usually, they are not your client. The five hundred people in the auditorium listening to your rendition are the direct beneficiaries of your professional rendition. Without you they could not attend the event; however, they are not your clients. They are your client’s clients. As professionals we must accommodate all reasonable requests by the audience and the speakers, but they are not the ones paying your fee. They are paying your client because they are your client’s clients. For this reason if a person in the auditorium asks you to speak louder, you may consider the request, and even honor it when reasonable; but if somebody attending the conference asks you to take a recorder to the booth and record the rendition for him, you will decline, and direct him to your client (please read my blog post on what to do in this situation).

Dear friends and colleagues, as professional interpreters who provide our services as freelancers we have many clients we choose. We decide who we want as our client, and who we do not. We have the last word on whether we do an assignment, and when a professional relationship with a client must end. We set and negotiate the terms of our work, our pay, and out booth mates.  Employees do not get to do this because they have a boss: the employer. We do not. We practice in a world where we are equals with our counterparts in a professional contractual relationship. We do a magnificent job, we accommodate all reasonable requests of our clients’ clients, and we cooperate and support other providers and suppliers such as facility workers and technical support staff, but we do it because we are professionals and we have made a business decision to keep the client we want to keep, not because we are told to do so. Please stop referring to your client as your “boss”, and the next time a project manager tells you what to wear to an assignment, to be on time; or the next time a hotel waiter tells you not to have a cup of coffee, please stand up for your dignity and that of the profession. I now invite you to share your thoughts on this issue.

What ever happened to the written federal court interpreter exam?

May 21, 2018 § 13 Comments

Dear colleagues:

With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.

The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”

This message has remained intact for months; no updates, no explanations, no changes.

In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.

Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.

We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.

I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.

If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of  both oral and written exams, please tell the interpreter community.

This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.

We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.

Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.

It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.

It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.

Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.

Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.

Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.

In tough times: Raise your fees!

May 14, 2018 § 6 Comments

Dear colleagues:

Globalization has created a world market where we all compete, regardless of our location. Although this has raised professional fees for some colleagues in places with small economies, it has hurt most interpreters to a different degree, depending on whether they stuck to their local economy and clients, or they went to the international market and taking advantage of new technology acquired clients they would have never even considered before globalization. In a market like the United States, with very high speed internet, thousands of airports and flights to every corner of the planet, and a very reliable infrastructure, many of us felt no downturn in our business; in fact, we benefited from the change.

Unfortunately, and without getting into politics, some recent U.S. government decisions, and later changes to the way we did business and conducted our international relations, have created a state of uncertainty, and sometimes resentment, which have affected our profession.

Some of the conferences and international events we had interpreted for many years have been cancelled; others have been moved to other countries due to the uncertainty on the admission of visitors to the United States, as the organizers avoided the risk of investing on a project that a significant segment of attendees could not attend because of their country of origin. For the same reason, many international programs at universities, non-for-profit organizations, and government agencies have been considerably downsized or postponed. The situation for community interpreters is not any better, because less foreigners in the country means less litigation and less foreign investment, which impacts court and legal interpreters; and when foreigners visit the United States less frequently, they use hospital and medical services at a lower rate. This hurts healthcare interpreters.

Faced with this reality, it was time for me to decide how I was to continue to enjoy the same income level despite the new reality we are living; and turn this poison into medicine and even generate more income than before.

Many freelancers get scared when they find themselves in this position, and their first impulse is to lower their fees to keep the clients they have, and to advertise their services at a lower fee than before. They operate under the false idea that money is the main motivator in a client decision making process.

Fortunately, my professional experience has showed me that quality trumps price in everything a client values. That is why people spend more money on a better doctor, a safer airline, and a renowned university. All have cheaper alternatives, but with the things people value the most, there is always a thought that crosses their mind: “It is more expensive but, if not for this, what is money for?” At that point I decided to raise my professional fees.

With this in mind, I carefully studied my client portfolio and classified my clients according to their business value, considering the income they produce me, how frequently they require of my services, the affinity of the type of work I do for them to my personal interests, and the prestige a certain client brings to you in the professional world. I considered a separate category for difficult clients, but to my surprise these were very few, and I needed them for my plan to work.

I immediately realized there were clients on that list I wanted to keep no matter what, and there were others that I would lose regardless of my best efforts. They were in a category where my work was not one of those services that they value the most.

I approached my clients according to how badly I wanted to keep them. If I really wanted them, I would explain this change in person when possible, or by phone or Skype if they were abroad or if their schedule could not fit me within a reasonable period of time. Next, I decided to contact the rest by e-mail on a carefully worded communication that was clear, not too long, and that ended with an open invitation to discuss this raise in more depth in person or by phone if they wanted to do so.

It would be a conciliatory email. No ultimatums, or “take it, or leave it” type of notice. I was out to make friends, not to fight with my clients. I knew that I had two things working in my favor: They already knew my work, and I already knew how they like their interpreting.

For my strategy to succeed, I needed to present my proposal to somebody with the authority to decide. Talking to somebody down the totem pole would be a waste of my time. I decided that I would only talk or write to owners of small companies or agencies, and to senior management in larger corporations, organizations, and government agencies. (There is a video on this subject on my YouTube Channel).

I drafted a talking points memo to be used with my “A” list clients when I told them I was raising my fees. The points I would make to the client had nothing to do with globalization, current American politics, or the uncertain future interpreters were facing in the United States. I recapped the successes we had in the past, and I listed some of the professional things I do for them that are not always found in other interpreting services, but I was not heavy about it. I figured that if they had agreed to talk in person or by phone, it was because they already considered me an asset to their company. It was all about the quality of my professional service and the time and effort I would devote to the success of their conferences, projects, and other events.

I lost some clients, none from the “A” list, all those who stayed with me are now happily paying the new higher fees as they are now getting a more personalized service, and because of this new practice, I have acquired new clients, who were in part, referred by my old clients who stayed with me despite the raise. We now have a better working relationship because they know more about what I do, and their internal decision making process to continue working with me made them realize my true value for their organization.

The lesson learned, dear friends and colleagues, is to face adversity with a cool mind, refuse to give in to fears and peer pressure, and with confidence and self-assurance face the problem and win. It is always better to make more money when appreciated, and an added benefit is that instead of contributing to an even bigger depression of our market, you will do your part to pull it out of the shadows of uncertainty. I now invite you to share with the rest of us what you are doing to win as a professional interpreter in this new reality of globalization and political uncertainty.

Ignoring court certifications is turning fashionable.

April 23, 2018 § 4 Comments

Dear colleagues:

Legal certainty is the foundation of any system of justice administration. Modern society cannot function in an environment where people are afraid to act because they ignore the outcome of their efforts. Human creativity and progress need a certainty that a set of actions will produce a desired outcome, and the peace of mind fostered by an absolute trust in an honest, capable and independent judge who will clarify what is confusing and decide what is contested according to law and equity.

All civilized nations enshrine these principles in their national constitution and create international courts of justice to address controversies that go beyond their own jurisdiction. To work, this system requires of honest, independent, capable, skilled, and knowledgeable professionals who serve as judges, attorneys and other officers of the court, including court interpreters.

No legal system can be fair when some are denied access to justice because of the language they speak, and no access to the administration of justice can be effective unless its services are provided by skilled professionals who have met rigorous standards set by the authority under the principles of equal justice uncompromised by expediency or convenience.

Every day we see how more nations adopt these principles, sometimes because of the realization of the truths above, and sometimes because the change is imposed by the unstoppable waive of globalization. Countries have changed their legal systems to incorporate these values, and as part of these changes, they have adopted legislation requiring court interpreters to be professional, ethical, skilled and knowledgeable. Some have called this process certification, others licensing, concession of patent, accreditation, etcetera.

Countries like the United States have developed a solid and reputable system of certification at both levels of government: federal and state.  Because the overwhelming majority of non-English speakers in the U.S. speak Spanish, all states and federal government have developed a certification process (licensing process in Texas) for Spanish language court interpreters. The federal government has issued federal court interpreter certifications in Navajo and Haitian Creole as well. To satisfy their local needs, states have adopted certifications for the most widely spoken languages, other than Spanish, in their jurisdiction; these certifications vary depending on the demographics of each state. Both, the federal and state judiciaries have adopted a system to classify court interpreters of languages without certification program as accredited or qualified.

Court interpreter certifications guarantee litigants and judges those officers of the court who provide interpreting services in a court procedure have demonstrated, through a rigorous scientific testing process, to have the minimum required skills, knowledge, and ethics to practice as professional certified court interpreters. Accredited and qualified court interpreters give litigants and judges an assurance that the federal or state system in charge of language access services was convinced of the skill, moral character and professionalism of these interpreters by alternate means to the certification process non-existent for that language combination.  It all boils down to the basic principle of legal certainty.

Many countries have a dual system of administration of justice: There is a judiciary as an independent branch of government that decides controversies between individuals, government entities, and in criminal cases. There is also a sui-generis administrative court system that exists not as a part of the judiciary or as an independent branch of government, but as an independent entity within the executive branch at both: federal and state levels. These administrative courts deal with civil law controversies of the administrative type where individuals dispute certain actions, benefits, entitlements, and rights that must be protected, conferred, or denied by an agency of the executive branch of government. The best known administrative courts in the United States are Immigration, Social Security and Workers’ Compensation.

Because these administrative courts are not part of the judicial branch of government, rules, policies and requirements pervasive in the judiciary do not extend to these so-called Article 1 Courts (because they are created by legislation, not the constitution) as opposed to Article 3 Courts (created by Article 3 of the U.S. Constitution). Rigorous criteria for court interpreter certification, created for legal certainty, are not applied or followed by most administrative courts, leaving the door open to those seeking shortcuts, opportunity, and financial gain with absolute disregard for judicial certainty and the best interests of the parties to a controversy.

A few weeks ago the Immigration Courts in the United States (Executive Office for Immigration Review, or EOIR) publicly announced they were hiring Spanish language interpreters nationwide to work in the immigration courts. Although this would place these interpreters directly under the supervision and control of the court, a big improvement over having people providing interpreting services in immigration court under the supervision of SOSi, the well-known language services provider that earned the contract by bidding lower than the rest, it is still bad policy that will eventually harm those who go to immigration court seeking relief.

EOIR’s announcement requires no reputable universally accepted court interpreter certification (federal or state level). It only requires candidates to pass a test with no scientific validation offered online.

This tendency to retain lesser qualified individuals for matters that could eventually affect someone’s life forever, such as a removal or an asylum case, is echoed by those who also settle for less interpreting quality in exchange for more money and argue that non-certified court interpreters, even if healthcare certified, or those who take cover under the unrecognized so-called “community interpreter” credential, are qualified to interpret depositions!

Depositions are a very delicate legal proceeding because they take place outside the presence of a judge. This means they require of an even more experienced certified court interpreter, not a lesser qualified paraprofessional. The most complex litigation, the ones involving enormous amounts of money, the ones often dealing with conflict of jurisdictions and legal systems, those governed by international conventions, and for those very reasons, the ones where interpreters earn the highest fees, always start with depositions very difficult even for many seasoned court interpreters.

Multi-million dollar lawsuits, intellectual property infringements, trade wars between nations, the livelihood of an injured worker who will never work again, removal proceedings that will keep a person outside the country for the rest of her/his life, asylum hearings, often an applicant’s last hope to protect her/his life, liberty and family unity are not less complicated cases. We cannot leave the administration of justice for those who do not speak the language of the court, judicial or administrative, in the hands of greedy agencies, ignorant unscrupulous authorities, and opportunists and incompetent paraprofessionals. I now invite you to share your thoughts on this topic and the disturbing tendencies we see.

How a conference for interpreters and translators should be.

April 3, 2018 § 1 Comment

Dear colleagues:

On March 16-18 I attended the “Spring into Action” conference, a joint venture of the Association of Translators and Interpreters of Florida (ATIF), the Spanish Language Division (SPD) of the American Translators Association (ATA), and Florida International University (FIU).

ATA’s Spanish Language Division had been involved in other high-quality conferences: A “Spring into Action” joint venture with the Delaware Valley Translators Association (DVTA) in Philadelphia in 2015, and a collaboration with the Portuguese Language Division of ATA in Las Vegas many years earlier. Because of such good memories and references, when the administration of the SPD approached me with presenting in Miami I said yes immediately, I enjoyed the conference tremendously, and I learned very important lessons that motivated me to write this post.

For those of you who do not have Spanish as one of your working languages, please read the post until the end. The lessons learned at this conference apply to all languages and fields of interpreting and translation, and will benefit all colleagues who put them into action.

First, the event was held at a conveniently located college campus: Florida International University in the Miami metropolitan area. This made it possible to have a professional activity in a learning environment, with a college infrastructure (smart units, college classrooms, university environment) instead of a hotel ballroom with banquet chairs where those attending a lecture must master note-taking on their knees and must settle for a partial view of the presenter and a panoramic view of the bald head of some colleague who got there earlier and took the front row seat. Miami’s location is perfect for a gathering of Spanish language interpreters and translators because it has two major airports (Miami International and Ft. Lauderdale) and it is accessible to colleagues from all over the Americas, Europe, and the United States. The weather was another plus; I left Chicago in a snow storm and landed in balmy and sunny Miami.

The organization was great, and I applaud all those involved in organizing the conference. I have been in their position and I know how difficult and time-consuming it is. Congratulations to all organizers, administrators and volunteers.

The conference program was impeccable. It was a perfect balance of interpreting and translation workshops and presentations with something of quality for everyone, regardless of their specialty field or experience level. Unlike many conferences where you find a mix of good workshops and many fillers that make you question your decision of paying for the event, all presentations were top quality. We had universally known names who shared their knowledge with the rest: Antonio Martín and his Dr. Macro; Alberto Gómez Font and his lecture on toponomy; Xosé Castro’s talk on communicators and translators productivity; Jorge de Buen and the signs and symbols we should translate; Daniel Tamayo’s sight translation workshop; Karen Borgenheimer and her consecutive interpreting advanced skill building workshop.

We also could see how some already renowned colleagues and presenters elsewhere were officially introduced to the international Spanish interpreter and translator community. We had the pleasure to hear from Darinka Mangino who shared with us the use of an ethnographic analysis of communicative setting as a preparation tool for an assignment; and most of the country learned what I already knew: Javier Castillo is an excellent presenter and interpreter trainer who showed the audience how to improve their memory to improve their outcomes.  I could not attend all the other presentations and workshops, but I talked to many colleagues and I heard only praise for all presenters and presentations.

Everything I have shared with you should convince you of the success of this conference, but the most important factor, and what sets it apart from most of what we see in the United States was that there were no corporate sponsors pushing sales of their products until an exhausted translator agrees to buy something she may not even need, and there were no unscrupulous agencies chasing interpreters to convince them that working for rock bottom fees is fine if you are “learning and practicing” while you work, or as long as they offer you consistent volume (so you can work more consistently for a laughable pay). That there were no “presentations” where agencies could convince interpreters of the benefits of telephone interpreting from home (conveniently leaving out of the sales pitch they will be paid by the minute of work to where by the end of the month the interpreter cannot pay the rent of her place or the food of her kids) made us all feel more comfortable as we knew we were among our peers and nobody else.

This model can be copied by interpreters and translators elsewhere. Some countries or languages may not have enough colleagues to put together an event like this. That is fine. You can always hold a joint event with other professional interpreters and translators from your region, from other languages, and helped by a local institution of higher education.  You will soon see the results: more quality presentations, more attendance because the conference will not cost your colleagues an arm and a leg like some of the huge conferences, and you can talk to your peers without being harassed by salespeople or agency representatives. In my opinion, this is the right formula as far as size, content, format, and organization.

For those of you who may argue that big conferences offer certain things smaller ones do not, I give you this Miami conference as an example you need nothing else. Some people have argued that you would be missing networking when the conference is smaller or restricted to a few languages. I would argue this is not true. When I need a colleague from a specific language combination, for some specialized field, or from a particular region of the world, I always bring on board people who I know, colleagues who I have seen working in the booth during other assignments, or interpreters recommended by a trusted colleague. I would not recruit somebody I know nothing about just because he gave me a business card during a big conference. Finally, to those who may argue that unlike Spanish language interpreters and translators, their language combination would not allow them to experience a truly international event if all they attend is a smaller conference, I suggest they attend the annual conference of the International Association of Translators and Interpreters (IAPTI). This association holds conferences once a year in different parts of the world (not the U.S.) attended by interpreters and translators from all continents. The conference is top-quality, the size is not too big and not too small, the cost is very affordable, and there are no corporate sponsors or agencies keeping you from enjoying the event. I am not saying you should never attend a big conference, they also include some great presentations as part of their extensive programs, these humongous events must be experienced by everybody at least once in a lifetime; all I am saying is that you will find more value on a smaller event like “Spring into Action”, and you will not have to break the bank to attend. I now ask you to please share with us your opinions and your experiences at the Miami conference or at any other translators and interpreters conference.

When court interpreting is done right.

January 15, 2018 § 4 Comments

Dear Colleagues:

Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are  only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve;  and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.

There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.

Cubi (editor) Me, Carreon, Maya

During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.

For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.

These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).

Judge Hernandez

During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.

It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri.  Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.

At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.

Judge Abdo

A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.

There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted.  There are many things to do, but an environment fosters the achievement of those goals.

I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).

Consecutive interpreting: A job for two.

July 17, 2017 § 6 Comments

Dear Colleagues:

If you are a regular visitor to this blog you already know how I feel about team interpreting: Just like simultaneous interpreting, a consecutive rendition is a team effort that should not be attempted alone. (For more on this subject, please read my blog entry entitled: “If it is team interpreting, why are so many flying solo?”) 

I have written extensively on this subject, and I have made it crystal clear that I never accept a consecutive assignment unless I am, working as part of a team.  I also know of the fact that many colleagues believe that, unlike simultaneous, consecutive interpreting can be successfully accomplished solo; and that other interpreters believe that, although team interpreting improves the quality of an interpretation, a big chunk of the market will never buy into this need, and they willingly accept consecutive interpreting assignments without a second interpreter.

“Team interpreting is the utilization of two or more interpreters who support each other to meet the needs of a particular communication situation. Depending on both the needs of the participants and agreement between the interpreters, responsibilities of the individual team members can be rotated and feedback may be exchanged…”  (Registry of Interpreters for the Deaf (RID) Standard Practice Paper [(SPP])

You all know what it is like to finish a consecutive rendition without a partner; you have felt the extreme fatigue and the high levels of stress derived from knowing you are performing an incredibly complex task that requires of a huge amount of knowledge, almost instantaneous reactions, and of grave consequences if error occurs, with nobody watching your back.

Originally, team interpreting was conceived as a solution to mental fatigue, but as team interpreting became more popular, and eventually the rule (at least in simultaneous interpretation everywhere) it was noticed that having a support interpreter was not a mere tag-team maneuver to get some rest while your partner was actively interpreting, but it turned into a joint effort that improved the quality of the service by having someone (the support interpreter) assisting the active interpreter with complex information, figures and names; and also acting as a sounding board to corroborate an utterance, research a term, or simply correct a mistake due to fatigue, context, or cultural meaning. The “surprising” result: The rendition was better because the interpreters were neither fatigued nor stressed out, so they could concentrate better on the task of interpreting.

“The goal of team interpreting soon began to shift from reducing interpreter fatigue to also ensuring the accuracy of the target language message and correcting any misinterpretations. While there was still concern about fatigue and interpreters continued to take turns at 20-to 30-minute intervals to ensure they were not hampered by fatigue, teams came to realize that they should both share the responsibility for the accuracy of the interpreted message. This lead to a change in the perceived function of an interpreting team. In addition to relieving each every 20 to 30 minutes, the “feed” interpreter was expected to monitor the “on” interpreter’s interpretation and feed missed information or make corrections as needed.” (Hoza, J. 2010. Team Interpreting: As collaboration and Interdependence. Alexandria, VA. RID Press. ISBN: 978-0-916883-52-2)

Mental fatigue is caused by intense brain activity in highly complex activities such as interpreting. Both, simultaneous and consecutive interpreting require of multitasking. Reasoning, evaluating, executing, and decision making in a matter of instants makes of interpreting a profession subject to deep mental exhaustion that becomes more intense due to the levels of stress while performing the task. Both: mental fatigue and high stress as an aggravated circumstance, happen during consecutive interpreting and they cannot be swept under the rug, or eliminated, by giving the interpreter a bathroom break. Interpreters working solo during a consecutive rendition for over thirty minutes will not be performing as expected just because a “magnanimous” client takes a 15 minute break.  Mental fatigue does not work that way.

Fatigue is defined as “A physiological state of reduced mental or physical performance capability resulting from… workload”. (International Civil Aviation Organization [ICAO] Operation of Aircraft. International Standards and Recommended Practices. February 25, 2013).  When present, it “places great risk on (the client) because it significantly increases the chance of… (interpreter) error…” (Caldwell, John: Mallis, Melissa [January 2009]. “Fatigue Countermeasures in Aviation”. Aviation, Space, and Environmental Medicine. 80[1]: 29-59. doi: 10.3357/asem.2435.2009)

Mental fatigue, like the one caused by consecutive interpreting, causes cognitive impairment and it is important to understand the neural mechanisms of mental fatigue related to cognitive performance. A study to quantify the effect of mental fatigue on neural activity and cognitive performance by evaluating the relationship between the change of brain activity and cognitive impairment induced by mental fatigue using magnetoencephalography, demonstrated that performing the mental fatigue-inducing task causes over-activation of the visual cortex, manifested as the decreased alpha-frequency band power in this brain region, and the over-activation was associated with the cognitive impairment. (Tanaka M, Ishii A, Watanabe Y [2015] Effects of Mental Fatigue on Brain Activity and Cognitive Performance: A Magnetoencephalography Study. Anat Physiol S4:002. doi: 10.4172/2161-0940.S4-002)

The task of consecutive interpreting does not differ from simultaneous interpreting when it comes to mental fatigue. Working solo will bring undue stress levels to the interpreter which will cause more mental fatigue, lack of concentration, and physical fatigue: all contributors to a substandard rendition after 30 minutes. As the interpreter is forced to work longer, the rendition will continue to deteriorate and produce errors and misinterpretations. This diminished mental and physical skills cannot be cured by allowing the interpreter to take a 15 minute break three to five times during a multi-hour consecutive rendition.

I set team interpreting for both, simultaneous and consecutive interpreting as a non-negotiable clause. Clients who have seen the palpable difference between solo and team consecutive interpreting have no problem with this requirement; those unaware of these dire consequences carefully listen to my explanations and promptly agree to an assignment covered by a team of (at least) two interpreters. A few who refuse to listen to my reasons, and those who choose not to believe the arguments, must do without my services.

I understand the hesitation of many colleagues to fight for consecutive team interpreting; I understand less those who fear the agencies’ reaction and opt to remain silent and go solo, but I also know that if all quality interpreters demand a team, the client will have no choice. Perhaps they will first hire the services of a second-tier individual, but they will see the difference and eventually they will be back, ready to hear your arguments and comply with your conditions. I hope that my sincere efforts to convince you to reject solo consecutive assignments affect how we view ourselves. We are the ones behind the wheel. The client is the passenger, and the agency is the guy at the service station with nothing to do with the way you drive. I welcome your comments.

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