Immigration interpreters: Show courage, or prepare to die!

December 5, 2016 § 11 Comments

Dear Colleagues:

Last week many of our immigration court interpreter colleagues in the United States received written communication from SOSi, the government’s contractor, asking them to accept a new adhesion policy, which would require them to bid as low as possible in order to qualify for continuing sub-contractor status, as immigration court interpreters, after their current contract expires in a few weeks.

This notice, in the form of an ultimatum, required interpreters to provide their lowest possible hourly “rate” bid for the entire period of performance, and would become the sole basis for priority of case assignments in the future.  Moreover, the agency set top possible fees according to language combinations, and indicated that those bidding above said amounts would not be considered.

The maximum fees to be used as point of departure for this dive to the bottom of the barrel are insulting at best.  If you received the communication you saw the proposed maximum amounts, but for those of you who did not, it is important to be aware of the fact that these fees are way below the court interpreting fees set by the other federal courts (Article Three). The communication expressly mentions that SOSi will not honor the full-day or half-day rates policy that all other federal courts observe.  They also decided that travel expenses will be standardized with no room for negotiation, ignoring variations in cost of living, weather impact on travel, and so on. Finally, for obvious corporate reasons such as lack of candidates to be exploited at this time, and keeping up with this “serf-landlord model”, the agency gives interpreters a chance to extend their present fee conditions for a period of 45 days or until the end of January 2017.

The current Article Three federal court interpreter fees are: for a full-day of work $418.00, for the first half of the day: $226.00, for the second half of the day: $192.00, and $59.00 per hour or part thereof when the interpretation goes past 8 hours.

If you consider that the above federal court fees are for interpreters working under better conditions, such as team interpreting, access to court files for preparation, sometimes one or two cases for the day, reimbursement of travel expenses according to cost of living of the place interpreters travel to; and then you compare it to the conditions historically endured by immigration court interpreters: working solo (with bathroom breaks if you are lucky) hostile treatment in many courts, dozens of cases when interpreting Master Hearings, etc., then you come to the natural conclusion that immigration court interpreters should make the same fees as other federal court interpreters, or perhaps even more if working conditions do not improve. We cannot forget the difference in time elapsed before payment either.  As you probably guessed, immigration court interpreters have to wait longer to see their meager paychecks.

I am not going to go back to my conversations with many of you about a year ago when I warned you of future deplorable working conditions with this agency, and many of you assured me that everything was fine, that you had negotiated a better deal than ever before, and that SOSi had realized that interpreters should be treated as professionals. Well, it turns out that I was right, and that all those of you who refused to sign a contract and decided to look for other green pastures did the appropriate thing, broaden their professional horizons, and avoided having to deal with an agency that is so demeaning to all professional interpreters.

Obviously, as I said before, these posts are directed to those real professional court interpreters who are constantly improving their skills and pursuing certification (or qualification for those languages where no certification is available). I have nothing for those who refuse to pursue certification; that avoid continuing education, or argue that immigration court interpreting is so unique that no professional credential can benefit them.

But to those proud professional immigration court interpreters who view their occupation as a professional service and understand the importance of what they do, I invite you to consider this: Another year went by and SOSi continues its path to commoditization of immigration court interpreting; they moved ahead with their plan to transform you into language laborers who will blindly obey any order given without questioning. Their goal is to profit as much as possible (nothing wrong with that) by creating the illusion that they are providing a professional service while in reality delivering sub-standard interpretations without any regard for the consequences on the lives of those directly (respondents) and indirectly (American society at large) involved (this is wrong).

Dear colleagues, this is your last chance to act; by next year the monster will be too big for you.  It is clear that the agency’s goal is to get the cheapest possible “interpreter” available, and to continue to look for a cheaper one. It is also clear that they do not have enough of these language laborers at this time. Thus the reason for them to extend your current contractual terms for another 45 days or so. They need this time to find your replacement, not based in quality, but in bargain price.

As of today, without you they have to close shop. They just cannot provide the service EOIR hired them to do. Understand that you have leverage, keep in mind that by next year, with a more aggressive prosecution of immigration cases under a new White House, EOIR will surely need more interpreters than ever before. It is simple demand and supply. Today you control your destiny.

For this reason, it is important that you act, seize the moment, and protect your dignity. I invite you all to send a message loud and clear to SOSi, EOIR, and the immigration attorneys. Send your bids for a fee not lower than the federal court interpreter fee, and send it for full-day, half-day, and overtime. Tell them that reimbursement of travel expenses will be negotiated on a case by case basis, and do not sign the contract extension. Moreover, send your bids to SOSi, but copy the Executive Office for Immigration Review (EOIR), your local immigration courthouse, and the American Immigration Lawyers Association (AILA). Let them all know that you are professionals providing a critical service to the administration of justice.

Explain that you cannot accept the proposed conditions because of the complexity of what you do. Tell judges and lawyers that a SOSi certification is not a court interpreter certification at all; let them know that Spanish interpreters can obtain a federal court certification, that other languages can get state-level certifications, and that for those languages with no certification program, there are other options to prove your professional qualifications such as college degrees, translator certifications by the American Translators Association (ATA) or a passing grade on the translator or seminary-level interpreter exams by the U.S. Department of State (DOS).

During the last twelve months I learned how many people at EOIR were under the impression that a certification by SOSi was the same as the federal court interpreter certification. I saw the faces of many immigration attorneys when they learned that so many of the interpreters they regularly use in immigration court are not court certified, and I heard many of them telling me that, knowing now of this lack of certification, they understood why they never saw them in any other courthouse.

It would be unfortunate to learn that some of you decided to lower your head and take the extension, or bid according to their unconscionable terms. It would also be a gigantic waste of the greatest opportunity you will ever have to finally professionalize immigration court interpreting. Giving in, or giving up at this time would be the first step to your professional death. Immigration court interpreters, it is time to show courage and determination, or to prepare to die.

I now invite you to share your comments on this important topic at this crucial time.

Are we protecting our profession? Part 2.

April 5, 2016 § 12 Comments

Dear Colleagues:

On the first part of this entry we discussed the role that professional associations should play on the face of antitrust legislation and its adverse effect on our profession.  Today we will explore another crucial aspect of the profession that has been under siege for several years; and if some external forces have their way, it could set the profession back to the Stone Age.  I am referring to the very popular tendency to minimize the importance of interpreter and translator professional licenses, certifications or patents and the acceptance, and in some cases even blessing, of lesser quality paraprofessionals as the preferred providers of services by many government entities and multinational interpreting and translation corporations who make the decision to hire these individuals, who are unfit to practice the profession, based to the extremely low fee that they command.

It took interpreters and translators many decades of constant struggle to get to the point that their accreditations became widely known and accepted as the standard of quality among those providing the service.  Finally, holding an American Translators Association certification, or proof of many years of experience,  gave the real professional translator the needed tool to argue that she should get the job over the individual whose only credentials were the translation of his parents’ birth certificates and a couple of elementary school reports.  The days when a real professional interpreter would lose an assignment to a person whose only linguistic experience was that he had lived in two different countries during his life, became less common when true professionals started to demand top assignments with their interpreter degrees, or their court, or healthcare certifications in hand.  There was a lot to be done, but interpreters and translators were on their way to educate more prospective clients and government officials every day.  People began to notice the difference on the quality of the service rendered by a real certified interpreter or translator.

But, since nothing can come to the interpreting and translation world without drama and tragedy, technological developments such as CAT tools and telephone/VR interpreting came to be. This should have been a welcome development that benefited interpreters and translators; however, this new technology, combined with a global economy where big corporations seek profit by bastardizing a real profession and turning it into an assembly line, and changing its name from profession to “industry”, injected a new player to our eternal drama:  the opportunist, also known as the “new talent scout” whose sole function was to undermine established professions, like ours, and replace quality professionals with cheap novice paraprofessionals who see this individuals as their ticket out of the flipping burgers world.

Compounding the problem in the United States, there was a new administration in the White House, whose attorney general was determined to compel the state-level agencies who were recipients of federal funds, to provide access to their services for everybody, regardless of the language they spoke. This in itself sounds very good and fair, and in fact it was not just the right thing to do by the administration, it was long due as this mandate had been part of the law since the mid-sixties when Title VI of the Civil Rights Act was enacted.  In fact, to an interpreter or translator who did not know the reality of the American system this would look like a pot of gold. All of a sudden millions of people who needed interpreting and translation services were going to get them! Unfortunately, reality and a short-sighted government opted for the easy way out, a path that was doomed from the beginning. Let me explain: This instantaneous demand for many more interpreters and translators exceeded by far the supply of professionals in the United States, and to meet the mandate, the states decided to enable just about any almost-bilingual individual, to provide translation and interpreting services, instead of promoting more college programs and encouraging American citizens and permanent residents to prepare themselves, and become true professional interpreter and translators, who would have access to professionally remunerated work due to the implementation of this legislation.

When the opportunists, also known as the “new talent scouts” realized what was going on, they immediately saw the possibility for huge profits by providing the required services with tons of these paraprofessionals, who they immediately hired at rock bottom fees.  Moreover, they saw the possibility of making their margins even bigger by using machine translation and retaining humans as proofreaders, and by providing interpreting services by telephone, and lately by video remote interpreting or VRI in some cases, while hiring these new “type” of “interpreters” by the minute (or if they are lucky by the hour).

Government officials liked the solution, but they still had one more obstacle that was keeping them from going all the way with these multinational corporations operated by the opportunists, also known as the “new talent scouts”, who by now were active in social media, writing their own blogs, and organizing their own conferences to build themselves up like interpreting and translation “self-proclaimed gurus”. That obstacle was the certification.

The certification, that extremely difficult and elusive project that took real interpreters and translators several generations to create, and then make known and widely respected, was by now a requirement in the law.  It was obvious that the new paraprofessionals would never pass a certification exam, so the government officials and their “associates” had to think fast, and cheap.

The solution they came up with was the creation of a “second class” tier of people who they call “language facilitators”, “justice-system interpreters”, and many other labels, avoiding this way the uncomfortable, and perhaps illegal alternative of referring to them as translators or interpreters, who, in lieu of a real certification, would be “accredited”, “registered” and many similar names.  Now they argue that these individuals can provide the professional service as long as the content is not too difficult or the event is not very important!

Finally, to end the vicious circle, some of our opportunistic “friends”, also known as the “new talent scouts”, realized that with government officials willing to do whatever possible to go around the true mandate of Title VI, which would require them to use certified, experienced, professionally trained interpreters and translators, they could get another piece of the pie by pulling a rabbit out of a hat, and creating a mutant creature they would call: “community interpreter certification”.

The principle is very simple: What do you do when you have a group of people who cannot pass the interpreter certification exam? You develop another program with an exam easy enough for anybody to pass, and you propose it to the authorities as a legitimate certification for court cases before administrative judges, for client-attorney interviews, and for simple medical events. Do you see the pattern? Once again we have the not-so serious event and the not-so difficult content rationale to justify the use of mediocre individuals, who have only one advantage over the real professional, experienced, certified interpreters and translators: They will work for peanuts; because whatever they get paid will be better than the money they were making before they got “discovered” by the talent agent.  Never mind the fact that administrative law hearings are as complex as Article Three court hearings as I have indicated on a previous entry to this blog a few months ago.

The situation turned for the worse when the implementation of Title VI at the state-level civil courts in the United States was narrowly interpreted by many of their administrative offices, as meaning that only interpreters supplied through the judiciary could provide services in civil matters. This actually killed the main source of income to many entrepreneurial interpreters who had opted out of the bureaucratic, low-paying criminal court assignments, and had developed their own client-base, charging for their services according to supply and demand. Oftentimes, because of the complexity of civil litigation, and because of their type of clients, these interpreters fared much better than their counterparts who stayed on the criminal court bandwagon.  Title VI guarantees equal access to all government funded services, including the administration of justice, but it does not make it illegal for litigants who want to, and can afford it, to hire private interpreters.  In my opinion, this is a classic example of a situation where professional associations needed to protect their individual members, and the profession, by advocating for the availability of private interpreters to be retained for civil litigation.  Unfortunately, instead of taking action, our biggest professional association in the United States not just sat on the sidelines, but welcomed the new “civil court-provided interpreter system”, and remained silent when some states decided to meet the requirements of Title VI by hiring big “interpreting services” agencies (who view our profession as an industry) to program the interpreters for civil cases.

To summarize the situation, we now have an environment fostered by the government authorities, and exploited by the multinational interpreting and translation corporations, plus some small “local talent” that was able to learn fast how to do this thing, where certifications and education do not matter anymore, where assignments are going to questionable paraprofessionals, many of whom have never been able to pass a certification exam, who are working under terrible conditions, in exchange for a miserable fee.  The first logical reaction of any interpreter or translator should be one of outrage, disgust, frustration. The second reaction should be to talk to its professional association and ask it to represent its members and protect them from these nefarious tendencies, thus saving the integrity of the profession.

Attorney and medical associations are vigilant and protective of their members and profession. They do not allow, under any circumstance that paraprofessionals practice law or medicine. In fact, attorney associations set the standards of practice in their profession. No agency or its equivalent is allowed to set the tone.  They have lobbied for, and achieved legal protection: In the United States it is a crime to practice law without a license, and this applies to all court proceedings, including administrative courts.

Unfortunately, this is not the case with some of the bigger translator and interpreter associations.  They keep silent when the government creates these groups of paraprofessionals to “meet” the requirements of Title VI. They invite those who are turning translators into proof readers to their conferences to recruit more of the young talent before they learn to separate good from evil; Instead of protesting, criticizing and denouncing the birth of that Frankenstein’s monster called “community interpreting certification”, they celebrate the lowering of the bar and open wide their organizations’ doors for these paraprofessionals.

Moreover, they welcome as their members many of these multinational corporations, “self-proclaimed” gurus, and opportunists, also known as the “new talent scouts”. Maybe they do so because they do not know of all these terrible things that are happening to the profession. Maybe they let them in because they share their view of interpreting and translation not as the professions they always were, but as industries where the proofreader (formerly known as translator) and the part-time telephone operator (formerly known as interpreter) will happily hold hands at the assembly line and praise the virtues of the big “language” corporations. The question is, what are professional associations for? I now invite you to share your comments about this reality we are living pretty much around the world, and to offer your solutions to the role that a professional association should play in the world of interpreting and translating.

Are we protecting our profession? Part 1.

March 29, 2016 § 49 Comments

Dear Colleagues:

Every now and then something happens in our profession that makes me wonder if we are truly doing what is best for all of us: individually and collectively as interpreters and translators.  In fact, this happened recently when I learned, like many of you, that the American Translators Association had revisited the antitrust legislation issue and had reviewed its policy.  As expected, ATA followed its traditional pattern of protecting the “interests” of the association over the interests of its individual members or the profession, and adopted a policy that clearly observes antitrust legislation as is, without questioning it.   It is not clear to me how the association arrived to this resolution to endorse everything the government wants, and is included in the legislation and case law, without first seeking a legal opinion from attorneys who disagree with the current antitrust laws or their interpretation by the government.  As I understand it, the mission of a professional association is to advance and protect the interests of its members and the profession they practice.  This can only be accomplished by assessing the current legislation as to its impact on those who it is supposed to protect.  I am convinced that a well-publicized campaign to get public comments from the membership, and seeking a legal opinion as to how to interpret the current legislation in the light most favorable to the interests of the individual interpreters and translators, which could have included proposed amendments to the antitrust legislation would have been fruitful and very successful.  Of course, it would have rocked the status quo where big multinational businesses, sponsors or members of the association, benefit from the current interpretation of the law and the association’s corporate policy, that leaves the individual members on an uneven field where they cannot talk about the insulting and sometimes degrading fees, or rates as these huge corporations refer to them, that are offered for their interpreting and translation services.

We all want to comply with the law, and nobody is suggesting that we break any legislation. On the contrary, we should always observe the law of the land, as these rules and regulations exist to protect the weaker members of society from the actions of those who are in a position to take advantage of them.  This does not mean that we should not question a legal precept when we believe that it is not advancing justice or protecting the weak.

Antitrust legislation was born in the United States in the latter part of the 19th. century when the legislator, first at the state level, and later at the federal Congress, saw the need to protect consumers from big business that at the time was acting as big conglomerates with “excessive” economic power according to the opinion of a majority of the citizens of the United States. The goal of the legislation was to regulate the conduct of business corporations by promoting a fair competition for the benefit of the consumer. Legislation such as the Interstate Commerce Act of 1887, the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914 became the law of the land.  They were followed by more recent laws like the Robinson-Patman Act of 1936 and the Celler-Kefauver Act of 1950. Ohio Senator John Sherman clearly explained the rationale behind this policy when he said that: “…If we will not endure a king as a political power, we should not endure a king over production, transportation, and sale of any of the necessaries of life…” (Speech delivered in the U.S. Senate on March 21, 1890) The U.S. Supreme Court agreed with this spirit of the legislation when it referred to the Sherman Act as a “charter of freedom, designed to protect free enterprise in America” (Appalachian Coals, Inc. v. United States, 288 U.S. ({{{5}}} 1933) 344 [359]) Antitrust legislation goes against the freedom of speech protected by the First Amendment of the Constitution, but it is tailored under strict scrutiny to limit this right only as it protects the consumer from the voracious unscrupulous merchant. We have many examples of these businesses throughout the more than one hundred years of antitrust laws in the country: The mining industry, the automobile industry, and even the telephone industry are some of the examples that come to mind. In all of these cases we can clearly see the benefits of restricting commercial and industrial activities to avoid monopolies.  We do not dispute that, but the fact is that the world has changed and we now face a very different economic reality than the one faced by the antitrust legislator of the 19th. century.

Technological advances and the rapid growth of globalization have created a world with uneven realities and circumstances in many fields, including interpreting and translating. When applied today, the rules conceived to protect the weak from the powerful, provide shelter to multinationals like Capita, SOSi, and LionBridge who take advantage, with the blessing of some of our professional associations, of the legal ban to talk about fees and working conditions of professional interpreters and translators who are forced to negotiate with commercial, not professional, entities who take advantage of any circumstance they can use in their favor.

But it does not need to be that way, a careful reading of the law shows us that discussing fees and work circumstances is legal, as long as there is no agreement to fix a fee.  The problem is that, to avoid any possible discomfort, some professional associations adopt internal rules and policies where all mention of fees has been proscribed.  It is clear that there is a need for litigation, it is the courts, not the executive branch, who should decide if these 19th. century rules designed to protect the little guy from big business should apply to individuals who make a living from the practice of a professional service, not an industrial or commercial activity (despite the efforts by many to convince us of this model) who are constantly oppressed and taken advantage of by the big business of multinational interpreting and translation corporations.

Who is the little guy who needs the protection of the law under these circumstances? Professional service providers should not fix their fees for services offered to their individual clients: the consumers in this scenario; but there is a big difference between offering services to a neighbor or a store down the street where I live, and having to accept rock bottom fees from publicly traded entities who have a presence in fifty countries.  The court system needs to decide these cases, and if the decision is adverse, the legislation has to be changed. Not all legislation is good or fair; in fact, there are plenty of examples where we can see how the law created or enabled an unjust situation. Let us remember that not long ago the United States had legislation that favor slavery, or deprived women from the right to vote.  This is where professional associations are expected to act to protect their individual members and above all: the profession.

Perpetuating the present situation will not advance the profession, it will mutate it into some kind of involuntary servitude where the big guys will call the shots.  I now ask you for your comments, in the understanding that nobody is calling for violating current legislation, just to change what we have right now, and to opine about the role that a professional association should play when the profession needs to be protected from exterior forces who are trying to hijack it from the interpreters and translators.   Next week we will discuss the same topic from a different perspective: The professional associations and the battle against the professionalization of the interpreter.

A professional interpreters’ association or an employment agency?

November 17, 2015 § 11 Comments

Dear Colleagues:

A few weeks ago I started a controversial debate among interpreters and translators that made me think of one of the bigger challenges that we will ever face on our quest for professionalization: To think, act, and react as individual professionals who are trying to advance recognition, remuneration, and understanding of what we do for living.

When a colleague who works for the government suggested that the American Translators’ Association (ATA) should start a “government division” for interpreter and translator members to have a place to communicate, and learn from government agencies what they want from us in order to get work, I immediately got this extremely uncomfortable feeling that we were about to sell ourselves cheap once again; that the hated premise that we are under the client (turned employer, turned master) was going to be the basis of a debate where individual colleagues would decide not if they were going to jump or not, but just how high.

As fast as I could, I went on social media to point out this enormous danger, and from all my concerns, the only thing that most people picked up was the matter of the name that the new division would get: Instead of debating (and rejecting) the notion of having a government division, our colleagues discussed a name for a division that apparently was instantaneously accepted as a reality.  Agreeing with my rationale, those participating in the discussion saw the absurdity of vanishing all interpreters and translators from the name-description of the group by naming this entity “government division” and seemed more inclined to go with a “more inclusive” name. (I learned later that ATA bylaws will not even allow for a vote against the creation of such a monstrosity: To reject the idea we would need to amend the bylaws).

Unfortunately, the fundamental principle that makes such a division an absurdity went undetected. Let me explain:

ATA, like all interpreter and translator associations, are professional groups for the benefit of individual members to protect, disseminate, and advance the profession and the individuals providing the service.  As such, a professional association must clearly define who is one of us (a member), and who is not (clients, third parties, government officials). Once this has been established, the organization can do its work looking after the quality of the professional service, promoting educational opportunities, and defending the interests of its members.

The process above puts the professional association, and its members, in an advantageous position to sit down, individually or collectively depending on each situation, to negotiate professional services’ conditions with the counterpart: clients, agencies, government officials, and others.  All of these actors are active participants in the process, but none of them share the same interests or perspective of the professional interpreter or translator.  This is the purpose of a professional association. This is the only way that interpreters and translators can be considered, viewed, and treated as professionals instead of laborers.  An association with an organizational model where interpreters and translators commingle with the people who sit across the table can be many things, but it will never be a professional association.

For years I have defended our services as the type that only professionals can provide. I have fought for recognition at the level of an attorney, a physician and an engineer.  All of these professions have professional associations that follow the model I described above. None of them would even dream of having a format which included their counterpart in their organization.  Medical doctors deal with pharmaceuticals, government officials, and insurance companies every day; yet, none of these entities are part of the American Medical Association (http://www.ama-assn.org/ama/pub/about-ama.page?)  Attorneys work with court systems everywhere, they deal with government agencies and police departments, credit institutions, and many others. Nobody, unless that person is an attorney, can be part of the American Bar Association (http://www.americanbar.org/about_the_aba.html) Our very own AIIC groups professional conference interpreters worldwide and it does not include agencies, government officials, or international organizations as members (http://aiic.net/page/6757/about-aiic/lang/1)  By the way, none of them allows “corporate memberships” either. A corporation cannot be a professional, it does not go to college or pass a certification exam. By definition, only human beings can be professionals. Other membership categories can be explained away by associations, but never justified. A professional association cannot become a place where young professionals go to be indoctrinated on the principles of being a good “language service provider to the industry”. We are a profession, not an industry. Professional organizations work to protect their members, profession, working conditions, ethics and quality of the service. They are never job fairs where people play a dating game with multinational agencies who want your services in exchange for rock-bottom fees and humiliating conditions far from the minimum standards acceptable for a profession.

The “government (or whatever the final name may be) division” is a serious blow to the professional recognition of interpreters and translators by clients and intermediaries because it perpetuates the idea that we are subservient to a specific entity; that we do not view the government as a client.  That we are willing, and eager, to fulfill all of their conditions so they can give us some work, regardless of the shameful terms and awful fees.  I fully reject this mindset. Dealing from weakness devaluates us as individuals and diminishes the profession. If we want to be government contractors, let’s have a special group of interpreters and translators where we can brainstorm and exchange experiences. This would be a place where professionals get stronger before going out there to negotiate with government officials. The time and place to deal with government agencies is across the table as counterparts, not within the organization as fellow members. We do not need them to tell us what is acceptable and what is not. We must let them know what are the minimum conditions we are willing to negotiate from, and let’s treat them as clients, respectfully but firmly. Always as equals.  Until we are ready to adopt this attitude, we will stay where we are, and we will quickly move to the place where the counterpart wants us to be: a hole full of blind obedience and compliance.  Some of us will never walk down that pathway, but many will. I now invite you to share your thoughts on this crucial subject that could impact the rest of your careers.

Historical time for the interpreter voice to be heard.

September 24, 2015 § 1 Comment

Dear Colleagues:

Now for several months, every time I talk to one of you, or I read something about the profession, there seems to be a common trend, a constant presence: Interpreting as a profession is been targeted by many different special interest groups.

There are those who seek a huge profit by applying technology and keeping the economic advantage of doing so without sharing with the interpreter, and in fact, reducing the fee they pay either by lowering the amount, or developing a series of strategies designed to leave the interpreter out in the cold.

Then you have those who want to make a living or “comply” with a legal requirement by lowering the standards of the profession, and setting rock-bottom requirements to work, or even creating a brand new branch of interpreting that they found inside the hat where they keep the rabbit. Stingy and ignorant local government agencies and some unscrupulous language training entities fit this description.

We even have the troubling developments that we are currently witnessing with the United States immigration courts, and the tragedy of a few years ago with the United Kingdom judicial interpreters; both of them leaving many of our colleagues in a horrible financial situation and “inspiring” other governments to emulate their questionable, and frankly despicable way of doing business.

Add to all of the above the ever shrinking fees at the courthouses and hospitals, the ever-deteriorating system of the federal court panel attorney payments for interpreting services in the United States, and the fewer conferences in many cities around the world.

At the time when the world population and media is more aware of the need of the interpreter than ever before, this tragic report could be depressing and discouraging; however, it can also be a unique time in history for the interpreting profession. You see, my friends and colleagues, I see what is happening all around us as a tremendous opportunity, which does not come along very often, to change our careers forever. I believe that the time has come for all of us to stand up and fight for the full professionalization and recognition of the extremely difficult and vital work we perform around the clock and around the world.

I firmly believe, and those of you who follow me on social media have noticed, that this is our time to seize the current situation and turn it into an opportunity to impact the interpreting profession for good. I honestly think that if we unite with our fellow translator friends and colleagues, who are going through a similar situation with lower fees, poor quality machine translations, and knowledge-lacking clients and agencies who want to treat them (and pay them) as proof readers and not as professional translators.  I believe that we have so many common interests and a shared desire to have our two professions respected and recognized once and for all.

These are the reasons why, despite my truly busy schedule and comfortable economic and professional situation, I decided to run for the board of directors of the American Translators Association (ATA)

As a total outsider who has decades of experience as an interpreter that has been successful at creating a name, providing a top quality service , and generating a pretty good income, I am convinced that I can offer you all, a voice within the board of the most important and influential interpreter and translator organization in the world. I will bring a different perspective: that of a true full-time experienced professional who has no strings attached to anyone or anything in the organization because of past dealings or compromises that past leaders sometime have.

I bring to the position my determination to tackle the important issues that put our professionalization at risk, such as deplorable negotiating positions before powerful entities who take advantage of their size and economic power; I want to be on the board to make sure that the certification standards proposed and applied by some entities who care about profit and not the quality of the service, do not continue; and if they do, that ATA will not recognize them as equivalent to a real certification or licensing program with the required professional standards.

I am convinced that if I am part of the board, the interpreter community will have a louder voice that reflects our size within the organization, not to argue or create roadblocks, but to enrich the debate with our perspective. Because of my constant travels all over the world, I know the problems faced by interpreters and translators at this time, and I also realize that many of them have the same source and therefore need a common solution.  My years of experience have given me the opportunity to meet so many of the ATA members of the board. There are many who I admire and respect. I have no doubt that we will get along and fight together for the organization, the individual interpreters and translators, but more importantly: for the professions.

Being an outsider to the leadership, but being also a member who is closely acquainted with the functions of a professional association, and participates in dozens of conferences and associations’ general meetings throughout the world, I think I can help the membership grow by simply presenting to the board the concerns and complaints I constantly hear everywhere, starting with: Why should I join ATA? What benefits will I get?

Dear friends and colleagues, for years ATA voting privileges were confined to the certified translators and a few interpreters. Presently, as a result of the associations’ recognition of its interpreter membership, you can become a voting member by a very quick and easy process that will take you less than five minutes. All you need to do is visit:  http://www.atanet.org/membership/memb_review_online.php

Please do it now as the eligibility to vote on this coming election will only include those who completed the process before the end of the month.

Once you are eligible to vote you have to choices: vote live during the ATA annual conference in Miami, or vote ahead of time. I suggest that you vote ahead of time regardless of your plans to attend the conference. This is too important to leave it to your good fortune and you never know what can happen.

Finally, I believe that we can accomplish many things together.  That we can contribute to the advancement of our profession and that of ATA by following these three simple steps: (1) Follow the link above and become eligible to vote. (2) Vote as soon as you can. Do not wait until the conference, and (3) Think carefully about who you are voting for. Thank you very much.

The biggest danger to the interpreting profession.

June 15, 2015 § 12 Comments

Dear colleagues:

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.

A very simple action by interpreters that can go a long way.

May 22, 2015 § 4 Comments

Dear colleges:

A few days ago I was talking to some interpreters about the changes to the profession brought by the new global economy and technological developments. As we discussed the challenges that we now face as interpreters, it became clear that we need to stay at the edge of all technological developments and we must act and react together as a profession.  As we discussed some of our options, we came to a collective realization that we probably are not taking full advantage of the benefits of our professional organizations, especially, the largest and best known of them all: The American Translators Association (ATA)

In the last years, ATA has reached out to interpreters in several ways. As a result, we now have as many interpreters in the organization as we have translators. Unfortunately, a big difference between the two groups of members is that most interpreters are not qualified to vote, not because an impediment on the organization’s bylaws, but because most interpreters do not know how easy it is to switch your membership status to voting member.

There is a misconception that only certified translators can vote in ATA. That is false. Many interpreters qualify to upgrade their status to voting member; it can be done online, it takes about one minute, and it is for free.

Interpreters who have a federal court certification, a U.S. state court certification, those who have passed an interpreting exam with the U.S. Department of State (conference and seminar level) conference interpreters who are members of AIIC, those who have a college degree in interpreting, and some others who meet certain requirements of professional experience, can now go to ATA’s website and upgrade their membership status.  This is the link: http://www.atanet.org/membership/memb_review_online.php

Professional organizations have never been more important, relevant, and necessary. I encourage you to join them if you are not a member, and if you are an ATA member, or if you are one of those colleagues who is considering an ATA membership, I invite you to join. Those of you who are already members, please click on the link above and change your status to voting member. Remember, that is how the United States was born. If you are already a member, make sure your voice is heard and your opinion is counted.

I now invite you to share with the rest of us your experience as you change your status on line to voting member.

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