October 24, 2018 § 7 Comments
Several government decisions in the United States and elsewhere have impacted our profession recently, and they all have something in common: They have protected interpreters and translators from some one-sided practices enacted by multinational language providers, copied by smaller interpreting and translation agencies, and adopted by some government bureaucracies to appear as if they are meeting their legal obligations to society.
Some of the most notorious and talked about decisions include the National Labor Relations Board (NLRB) order to the U.S. government services contractor SOS International (SOSi) to reclassify its interpreters working in United States state courts as employees in March 2018, bestowing interpreters and translators who worked for this agency as independent contractors with all protections defined by the National Labor Relations Act, including benefits reserved to full-time workers. In April 2018 some Lionbridge contractors who provided their services as software testers at Microsoft, settled a case they had before the NLRB.
Despite the effects of the decision above, it was the landmark ruling on April 2018 by the California Supreme Court in the Dynamex case that shook the status quo like nothing before. California’s highest court ruled that the delivery service provider Dynamex misclassified its workers as independent contractors when they should be protected and treated as employees. Here, the Supreme Court of California adopted the “ABC test” to determine if a contractor is an independent worker instead of an employee. This decision’s repercussions extended to all individuals providing services as independent contractors, including interpreters and translators, when the company is in control of the performance of such service contractually or de facto; to those contractors who perform a service that falls within the usual services regularly provided by the company; and to those contractors who cannot be regularly selling their services to other clients, because they are constantly engaged by the company, leaving them no time to work somewhere else.
There are many interpreters and translators, myself included, who do not want to be employees anywhere; There are many interpreters and translators, myself included, whose professional practice will not be affected by these or other rulings similar to the ones mentioned above; however, many colleagues would benefit from such decisions. These are usually the colleagues who these entities take advantage of. We are talking about colleagues who, for many reasons, cannot ditch the exploiter and have to roll with the punches, accepting work under deplorable conditions such as rock-bottom fees, solo interpreting assignments, interpretations on a pay-per-minute basis, and other abuses practiced by these agencies never stopped by the authorities before.
As expected, many agencies who practice this business model got extremely nervous: This could be the beginning of the end to their lucrative unchallenged practices. They would not allow this to happen.
On August 8, 2018 the Association of Language Companies (ALC) met in Washington, D.C. to conspire about a way to keep independent interpreters and translators from gaining these legal protections and to maintain the up-until-now comfortable uneven field they enjoy. As a first step, they lobbied the United States Congress to change the law and make it impossible for these interpreters and translators to benefit from the administrative and judicial resolutions that protected them. The event was organized by ALC’s lobbyist: The Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). During the meeting, ALC delegates argued that “…the added cost of providing full benefits to every single contractor would likely put many (agencies) in danger of going out of business…” They manifested that “…the implications for the “industry” could be devastating…” There are two more ALC summits already scheduled for the first half of 2019. For more details on the Dynamex ruling and my interpretation of the ways it benefits all independent interpreters and translators, even those who do not deal with these multinational or abusive agencies, please read my blog entry of August 29, 2018.
We can see that a confrontation of ideas and how we view our profession contrasted by the way these entities perceive us as industry laborers may be inevitable. I do not blame the agencies for defending their golden eggs goose. I understand their decision to lobby Congress to protect their interests; unlike professional interpreters and translators, their loyalty is to their shareholders and partners, not to the quality of the service or the profession. We also need to defend our interests, and we will.
To do it, we all know that we face a David and Goliath battle against the ALC and others. They have the finances to fight us in court and Congress. There are no surprises here and we must plan accordingly.
Unfortunately, on top of the known obstacles we need to overcome, potentially, there is an added problem, something that most colleagues are unaware of, something that looks wrong: Some of the professional associations of interpreters and translators, including the largest, use and pay for the services of the same lobbyist ALC is using to undermine the interests of many of their own members: our colleagues.
The American Translators Association (ATA) is represented, in its lobbying efforts, by the Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). Let me explain: ATA membership fees are used to pay for the services of JNCL-NCLIS simultaneously this lobbyist is advancing ALC’s cause to kill those government decisions that favor many independent interpreters and translators. ATA is not the only professional association with a lobbyist in Washington, D.C., but it is the largest one, and it is the one with Board members up for election this week at the general meeting in New Orleans. This post is not motivated by any ill feelings towards ATA or any other professional association, but by my desire to have more transparent governance and accountability in our associations to protect our profession from those who try to dehumanize it and turn it into a laborer’s service.
I will now disclose some facts about JNCL-NCLIS so you understand exactly who we are dealing with: Unlike most lobbyists, they are a non-for-profit organization that started servicing foreign language teachers. There was a time, however, when ATA’s leadership decided, without a real explanation to the membership, there was synergy between these teachers and ATA members who are not teachers, but interpreters and translators. ATA pays a yearly fee to JNCL-NCLIS for its services as a lobbyist. This differs from the usual per-hour fees that most lobbyists charge to their clients. The amount of this annual payment is based on the size of ATA’s membership, because it is paid with our membership fees. The person from JNCL-NCLIS who deals with ATA is Bill Rivers, who also deals with ALC, and continuously works for the advancement of the interests of the agencies. Interests often in conflict with the interests of ATA’s individual membership (us), even though they benefit its corporate members (they). Bill Rivers deals with ATA’s presidency, not with the Board. The Chair of this lobbyist’s Education and Pedagogy Committee (an unpaid position) is a former ATA President. JNCL-NCLIS has assisted at least one agency owner ATA Board member, along with other agencies, on another matter affecting workers’ compensation for interpreters and translators somewhere in the northwest.
There is a huge conflict of interest, and ATA should retain a different lobbyist, even if the fee is higher. No other association in the world spends the money ATA spends on its annual conference, and an independent lobbyist would be more beneficial to the membership at large than such an extravagant, expensive conference. Corporate members would lose an ally, but professional associations exist to benefit the individual, not the corporations.
Even if JNCL-NCLIS lobbyists are professional honorable people, when lobbying for ALC, they could disclose to House members and Senators they are also ATA’s lobbyists; This will convey the message that interpreters and translators endorse the same positions and business model these multinational agencies do.
Some of ATA Board members are agency owners who vote on decisions that could adversely affect individual interpreters and translators. There is nothing on the bylaws banning this practice, but it is another conflict of interest.
The bylaws need to be amended, if not to bar small agency owners from the Board, to at least keep them from voting where they may have a conflict of interest, or there may be the appearance of one. Meanwhile, all Board members who own an agency, and there are at least three at the moment, and two will remain as part of the Board after this week’s elections, must recuse themselves from participating in any debate and casting any vote where there may be, or may appear to be a conflict of interest. This all judges and corporate board members do every day all over the world.
I invite you to demand that all professional associations with lobbyists on retainer only hire lobbyists that do not represent the interests of the agencies and corporations, and bar all agency owners from voting where there is, or may be a conflict of interest. Meanwhile, I invite you all to vote this week in New Orleans for ATA candidates who oppose the current lobbyist situation and support the recusal of all Board members who own an agency in case of a potential conflict of interest. I now ask you to share your thoughts on these crucial matters to any professional association.
April 3, 2018 § 1 Comment
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.
February 5, 2018 § 10 Comments
Dear friends and colleagues:
I am about to deal with a very touchy, delicate, dangerous, and polarizing issue. For this reason, I want to begin this post by clarifying that I have always observed all antitrust legislation, domestic, foreign, and international, everywhere I have worked, spoken, and in any other way practiced any professional activity. In no way I intend to encourage, suggest, hint, or in any other way provoke the desire to break any antitrust legislation anywhere in the world; and even though I may intellectually and philosophically disagree with part of the antitrust policy and legislation, I am firmly committed to fully obey the law if it remains as is.
Once the above is very clear, I would like to revisit this issue that most colleagues usually dodge, and perhaps for good reason. My intention here is to inform my colleagues about the legislation and policy about agreeing as professional service providers to set professional fees. There is a lot of misinformation, and urban legends around. I hope this piece contributes to dissipate some, and to raise awareness on the situation we have and what can be legally done to enact change, if you really want that.
My motivation to write about this issue came from some news I got about certain events in the Czech Republic, where apparently UOHS, the local Czech antitrust authority initiated proceedings against Jednota tlumocniku a prekladatelu (JTP) the main professional association of interpreters and translators in that country, because of the publication of recommended minimum rates for translation and interpreting professional services on their internal journal (reaching about 500 members) arguing there could be a potential violation of Czech antitrust legislation. Shortly after this happened, JTP settled with the authorities and withdrew said recommended rates with an agreement to abstain from publishing them again.
Czech legislation is very similar to prevailing legislation in the European Union, the United States and elsewhere, prohibiting “…agreements (including decisions of associations) containing provisions on direct or indirect price fixing or other business terms and conditions…” This legislation takes generally adopted terminology when it states on a later paragraph that: “… The prohibition… shall not apply to agreements (that) do not afford… the possibility of eliminating competition in respect to a substantial part of the market…”
I sympathize with all my interpreter and translator colleagues in the Czech Republic. I have often questioned the moral justification and ultimate purpose of all antitrust legislation. It comes to us as a gift from the past when legislation such as this was needed to protect regular citizens from colluded corporations and tolerant governments. We could argue those days are gone; that antitrust legislation is necessary in certain cases, but rarely when it comes to a regular individual trying to earn a living selling goods or providing a service as a freelancer.
Unfortunately, moral considerations also encompass our duty to respect and obey the law, in the understanding that if we dislike it, or disagree with it, we must pursue change by legal means such as lobbying for (in this case) more realistic legislation that reflects the reality of life in the 21st century. Disregarding the law, even if we deem it wrong is not the best answer to solve a problem.
Let’s look at the pieces of legislation widely applied throughout the world, that serve as a model for practically all antitrust legislation.
First, a very important concept difficult to understand (and accept):
Long arm of the law:
In the United States, a Long Arm Statute is a statute allowing a state to exercise personal jurisdiction over a non-resident defendant with certain contacts with the state.
Black’s Law Dictionary: It is a term where a law of a state gives its courts jurisdiction over people and property outside the state.
The United States subscribes to this legal theory and constantly exercises it, and applies to acts and individuals throughout the world. To properly exercise long-arm jurisdiction over a non-resident defendant, the plaintiff’s cause of action must also arise out of one (or more) of the enumerated bases for jurisdiction set out by the state’s long-arm statute. Some of the most common instances include buying, selling, producing, or transporting goods to, from, or through U.S. territory; dealing with people or corporations with some contact with the United States (even if minimum). If country “A” sells a product to country “B”, and the product is transported on a plane or vessel in possession of a registration under country “C”, but the vessel uses American fuel to transport the goods, all parties from countries “A”, “B”, and “C” are under U.S. jurisdiction because of “the long arm of the law” theory. The same happens when a translator from the Czech Republic or elsewhere translates a document used in the United States, even if the direct client is from a third country, and according to more recent tendencies, even if the only contact with the U.S. was that said product was advertised on line using an American internet provider or a platform such as Google, Microsoft or Apple.
Even if a non-resident defendant is subject to personal jurisdiction under a state’s long arm statute, a court within the forum state may not exercise jurisdiction over that defendant if doing so would violate the Due Process Clause of the US Constitution. To satisfy the Due Process Clause, the defendant’s contacts with the state must be so it would “not offend traditional notions of fair play and substantial justice” to require the defendant to litigate in the forum. Courts in the U.S., the European Union and elsewhere have determined that satisfying the requirements on the examples above, and affording the defendant a court hearing will comply with such legal requirements.
The Sherman Act
The main antitrust legislation in the United States, and the oldest (still current) antitrust legislation worldwide is the Sherman Act from the United States. It describes what conduct “Involves” import commerce, and gives the FTAIA and Justice Department main authority to deal with antitrust investigations and prosecution. It does not bar Sherman Act claims that “involve import commerce.” Several courts have recently been asked to consider what sort of “involvement” with import commerce is sufficient. The Third Circuit in Animal Science Products rejected the notion that the “import commerce” exception is limited to physical importers of goods, thus, it applies to service providers like interpreters and translators. The court defined conduct “involving import commerce” as conduct “directed at” or “targeted at” the U.S. import market. Although the original Minn-Chem Seventh Circuit panel agreed with this approach, neither court gave clear guidance on how to apply this standard.
Is a subjective intent to harm the U.S. import market required? Or is it sufficient to allege a global conspiracy to fix prices or set production limits that had as a consequence (as opposed to its focus or target) higher U.S. import prices? The DOJ’s view is that the FTAIA requires no subjective intent to harm U.S. import commerce and that a price-fixing conspiracy involves U.S. import commerce even “if the conspirators set prices for products sold around the world (so long as the agreement includes products sold into the United States) and even if only a relatively small proportion or dollar amount of the price fixed goods were sold into the United States.” [Minn-Chem Inc. v. Agrium Inc., No. 10-1712, Brief for the United States and the Federal Trade Commission as amici curiae in support of neither party on rehearing en banc (Jan. 12, 2012), at pp. 19] Remember the example of the vessel above.
We can conclude that in the current environment, foreign companies involved in the manufacture or distribution of products (goods and services) outside the United States can no longer assume that the U.S. antitrust laws do not apply to their activities. This is an evolving area of the law with substantial uncertainty. It will take time for these issues to be sorted out in the courts and for clarity to emerge regarding the extraterritorial reach of the U.S. antitrust laws. Until then, a case-by-case analysis will be required to properly assess foreign companies’ potential exposure to criminal penalties (significant fines and jail sentences) and civil damages for violations of the U.S. antitrust laws. Because litigation before American courts is very costly, and the losing party is not required, as a matter of law, to pay for the legal expenses of the prevailing party, defendants often settle their cases and abstain from violating antitrust legislation before reaching a final resolution. This was the case of the American Translators Association (ATA) an association incorporated in the United States. ATA had a “Rate Guidelines Committee” (RGC) that once a year published a list of fees it recommended translators consider. It is possible that said rates (or fees) were reprinted by other professional associations of translators. In 1990 some interpreter and translator professional associations in the United States became the target of antitrust investigation by the Federal Trade Commission (FTC). By 1994 at least two of the organizations: “The American Association of Language Specialists” (TAALS) and the “American Society of Interpreters” (ASI) had signed consent decrees in which the press reported they agreed, among other points, to halt any meetings at which two of those present mentioned rates or fees. After two years of investigation, and significant money spent in defending the association, ATA was notified by the FTC in March 1994 that the investigation had been closed. ATA had approved an strict antitrust policy seven months before the FTC investigation, and this probably contributed to the decision to close the inquiry. In closing the case, the FTC issued a statement indicating that the closure did not mean that a violation had not occurred. The Commission also reserved the right to “…take such further action as the public interest may require…” Three years later, the FTC issued a cease-and-desist order to the International Association of Conference Interpreters (AIIC) after finding AIIC in violation of U.S. antitrust law. The association also chose a settlement obligating them to abstain from discussing fees (or rates) in public.
US versus EU Antitrust Law
Regarding Antitrust Law, the similarities on both sides of the Atlantic outweigh the remaining differences by far. This holds true, at any rate, today, after more than 100 years of legal development.
The central difference was initially that the relevant U.S.-American law is much older. The Sherman Act dates from 1890, the Clayton Act, which introduced merger control, from 1914 (with a significant improvement by the Celler-Kefauver Act in 1950). These laws were not only existent on paper. They were rigorously enforced in practice. National competition laws in Europe developed mainly after the Second World War. Their development was triggered by introducing the rules on competition in the European Community in 1958. The latter induced many of the Member States, e.g. Italy, to introduce laws against restraints of competition for the first time.
A difference between the legal systems lies in the role of the state. In the USA, antitrust is a matter for private actors. In Europe, the role of the state was inevitably involved. This was due to the extensive involvement of the state in the economy
A common feature of the competition law regimes on both sides of the Atlantic is that they claim for themselves a wide international reach (long arm of the law). It suffices that a restraint of competition has effects within their own territory, regardless of where and by what enterprise it is effected (“effects doctrine” or “extraterritorial application of competition law”). A difference lies in the U.S. Antitrust Law’s better ability to assert itself: Uncle Sam has a very long arm. This is due to the USA usually making up half of the “world-wide market”. No globally acting enterprise can afford not to be present on the U.S.-American market. This inexorably leads to the result it can be caught by the American jurisdiction with no strain. Translators, interpreters, and professional interpreter and translator associations must know of this before taking any action.
Regarding the procedure, both legal systems build upon a rule of law, which is more pronounced in the United States than in Europe. A remarkable difference consists in the fact that in the USA, approximately 75% of all antitrust cases are brought by way of private enforcement
Under American civil procedure law, the American rule prevails. I.e., a defendant wrongly sued has to bear his own legal costs. The unsuccessful plaintiff need not reimburse them. This creates a significant potential for threat in the hands of an economically strong plaintiff. The civil procedure can mutate into an instrument for restraining competition. Just imagine a case between IAPTI and the U.S. Department of Justice. The deepest pockets will prevail.
Czech Republic and all members of the EU must comply with EU antitrust policy and legislation.
European antitrust policy is developed from two central rules set out in the Treaty on the Functioning of the European Union:
First, Article 101 of the Treaty prohibits agreements between two or more independent market operators which restrict competition. This provision covers both horizontal agreements (between actual or potential competitors operating at the same level of the supply chain) and vertical agreements (between firms operating at different levels, i.e. agreement between a manufacturer and its distributor). Only limited exceptions are provided for in the general prohibition. The most flagrant example of illegal conduct infringing Article 101 is the creation of a cartel between competitors, which may involve price-fixing and/or market sharing.
Second, Article 102 of the Treaty prohibits firms that hold a dominant position on a given market to abuse that position, for example by charging unfair prices, by limiting production, or by refusing to innovate to the prejudice of consumers.
The Commission is empowered by the Treaty to apply these rules and has several investigative powers (e.g. inspection at business and non-business premises, written requests for information, etc.). The Commission may impose fines on undertakings which violate the EU antitrust rules.
National Competition Authorities (NCAs) are empowered to apply Articles 101 and 102 of the Treaty fully, to ensure that competition is not distorted or restricted. National courts may also apply these provisions to protect the individual rights conferred on citizens by the Treaty. Building on these achievements, the communication on ten years of antitrust enforcement identified further areas to create a common competition enforcement area in the EU.
As part of the overall enforcement of EU competition law, the Commission has also developed and implemented a policy on applying EU competition law to actions for damages before national courts. It also cooperates with national courts to ensure that EU competition rules are applied coherently throughout the EU.
Best Practices on Cooperation in Merger Investigations
The revised Best Practices include an expanded section on remedies and settlements that details cooperation throughout the remedial process, emphasizing that early and frequent cooperation in this phase is important to avoid inconsistent or conflicting remedies, especially when remedies may include an up-front buyer and/or Phase I remedy in the EU. The revised Best Practices also underscore the critical role that the parties play in ensuring effective cooperation in this phase, including timely coordination of their remedy proposals with the reviewing agencies to allow for meaningful cooperation before either agency decides. Besides avoiding the risk of inconsistent or conflicting remedies, such meaningful cooperation in the remedial phase can cause the acceptance of common remedy proposals or even the appointment of common trustees or monitors, which is in both the agencies’ and the parties’ interest.
Recognizing that legal professional privileges differ between the U.S. and the EU, how are in-house counsel communications protections maintained once waivers of confidentiality are granted? The Best Practices note that the agencies will accept a stipulation in parties’ waivers given to DG Competition that excludes from the scope of the waiver evidence properly identified by the parties as and qualifies for the in-house counsel privilege under U.S. law. This is only an example of the European Union accommodating U.S. legislation in antitrust matters. There are other instances.
Antitrust legislation in Latin America
There has been antitrust law in some of the Latin American countries for many years. Brazil was the first to have such a law, but for many years enforcement was desultory. Then in the 1980s and 1990s scores of other countries around the world enacted or strengthened their antitrust laws, and this included Latin American jurisdictions such as Argentina, Chile, Colombia, Costa Rica, Mexico and others.
A few jurisdictions had become fairly consistent in enforcing their antitrust laws, including Brazil and Mexico.
Continuing with the reforms, the new authorities of the Argentine Antitrust Commission (the “Antitrust Commission“) released a draft of the new Antitrust Law, which seeks to bring Argentina into line with the international experience in this matter: The Ley de Defensa de la Competencia (As far as I know) passed in the lower chamber when the diputados voted for it, and it is pending approval by the Senate. Among the reforms envisaged are:
Tougher sanctions, increasing fines up to 30% of turnover associated with products or services involved in the anti-competitive act; The creation of a National Antitrust Authority as a decentralized and self-governing body within the national executive branch, in replacement of the Antitrust Commission and of the Secretary of Commerce; The facilitation of private actions for damages against violators of the law; and the creation of a National Antitrust Court of Appeals to replace the uncertainty on which Court of Appeals is competent regarding antitrust matters.
The long arm of the law theory, and current practices and cooperation of all major international players, including the United States, European Union, and others will make it almost impossible to go against current policy and legislation. There is a great likelihood that many complaints will go to the U.S. courts because of the high cost of litigation and the absence of any legal basis for the losing party to pay for prevailing party’s legal fees and costs.
A Private Citizen’s Freedom of Speech.
Individuals may exercise their freedom of speech and speak, write, publish, and in any other way disseminate their opposition to legislation and policy. It will take a change of heart by the authorities, and current cultural values, to change this legislation and bring it to the reality of solo practitioners trying to make a living in the 21st. century. I now invite you to share your thoughts on this issue, remembering that no comment suggesting fees or rates will be included in this blog.
January 8, 2018 § 10 Comments
2017 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) will pay for what they need but are looking for the best service at the best price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many issues that must be addressed. Like every January, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. We need to be better interpreters. We must study, we must practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we must attend professional conferences.
I find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you discover what is happening out there in the very competitive world of interpreting. Fortunately there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately there are so many attractive conferences and we must choose where to go. I understand that some of you may attend one conference per year or maybe your policy is to go to conferences offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2018 conferences I am determined to attend. In other years I have attended more conferences than the ones on my list, last-minute changing circumstances and personal commitments let me go to events I had not planned to attend at the beginning of the year.
As of today, the conferences I plan to attend this year are:
The Association of Translators and Interpreters of Florida (ATIF), ATA Spanish Language Division (SPD) and Florida International University (FIU) “In Miami Spring Into Action” in Miami, Florida, (March 16-18). I will attend this conference because of the program they have put together with top-notched presenters, interesting topics, and the college environment of FIU’s campus. If you are a Spanish language interpreter, translator, proof-reader, linguist, teacher, or you just love Spanish, this is an event impossible to miss.
Congreso XV Aniversario Asetrad in Zaragoza, Spain, (May 18-20). I always attend Asetrad’s congress because it does not happen every year, which gives me plenty of time to plan ahead since I live in the United States, and because it allows me to listen to some of the best presenters from a country with such rich tradition on interpreting and translating as Spain. Those of us who live in the Americas should take advantage of these events where we get to see and hear presenters who do not travel to the events in the Americas. I also enjoy the invaluable experience of learning about the problems my colleagues are facing across the Atlantic, and hopefully learn from the strategy they resorted to solve a problem that could be similar (sometimes identical) to a situation we may be fighting in the United States at this time. I hope that my Spanish speaking colleagues from the Americas travel to Zaragoza for this exciting event.
The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Valencia, Spain (September 29-30). I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization presents a unique viewpoint of our profession I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue. You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. See you all in Valencia!
American Translators Association ATA 59 Conference in New Orleans, LA (October 24-27). Every year, the American Translators Association puts the biggest show on earth. More presentations to choose from, more attendees, more opportunities to network, and wonderful NOLA! I enjoy attending ATA conferences because of the variety, organization, and the many friends and colleagues I get to see every year. However, to take advantage of the conference without being exposed to the many predators that attend every year in the form of agencies, vendors, and “well-intentioned colleagues”, I pick my activities very carefully and never losing sight of the obvious presence of those who want to destroy our profession and turn it into an industry of commodities. With that warning, go to New Orleans and enjoy the conference, jazz and cuisine.
XXII Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 24-25) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from a very successful sold-out XXI Congress, the 2018 edition will have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds, purchase books, listen to some or the most renowned authors in the world, or just window shop between sessions.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. I also know of other very good conferences all over the world, some of the best are local, regional, and national events; others are specialized conferences tailored to a certain field of our profession. I would love to attend many but I cannot. Some of you will probably read this post in a group or website of an association whose conference I will not attend this year, you will probably see me at other conferences not even mentioned here; that is likely. To those I cannot attend this year: I wish you success and productive conferences. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one conference, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2018.
January 1, 2018 § 6 Comments
Now that 2017 is ending and we are working towards a fruitful and meaningful 2018, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, 2017 was packed with learning opportunities. The year that ends gave me once again the opportunity to work with magnificent interpreters and many of my dearest colleagues.
Our profession had positive developments this year: The International Federation of Translators (FIT) held a very successful conference in Brisbane, Australia where those of us in attendance could see many friends and colleagues advancing our professions throughout the world. It was personally very instructive, and inspiring, to see how interpreting services in Aboriginal languages and Sign Language interpreting in many languages have grown and developed In many countries. I witnessed how the interpreting profession has moved forward in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-rich conference in Pachuca, and the very inspiring second court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City with the tremendous backing of the Mexican judiciary. The International Association of Professional Translators and Interpreters brought its world congress to the Americas for the first time, and the decision could not be better: An unprecedented number of colleagues from North and South America attended the event and benefited from IAPTI’s philosophy and the quality of the presentations in beautiful Buenos Aires. This, and the workshops and talks I gave in Mexico to colleagues and students, including a very special invitation to the Autonomous University of Guadalajara (UAG) have helped me understand why the profession is growing south of the border, successfully taking the challenge by their government’s total revamp of their judicial process. I also could participate in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars in Querétaro, Mexico City, Charlotte, San Antonio, Buenos Aires, Washington, D.C., Brisbane, Pachuca, Montevideo, Guadalajara, Seattle, Chicago, La Paz, and Baltimore. It was a pleasure to spend time with all of you in 2017.
The year that ends in a few days saw the growth of our profession in the healthcare field. Remote Simultaneous Interpreting (RSI) had a landmark year as it listened to the professional conference interpreters and treated them with respect in both, labor conditions and professional fees. It also defined itself and marked an important distinction between the quality of Remote simultaneous interpreting (RSI) and video remote interpreting (VRI) the “industry’s” option. Once again, I noticed the growth of our profession in Africa where our friends and colleagues held several professional events.
Unfortunately, not everything was good. Our court and healthcare interpreter colleagues in the United States continued their fight against “peer” mediocrity, government ignorance, and agency greed. 2017 saw the biggest shift in American foreign policy in decades and this affected our profession. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration policy. It is very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services was at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic and international trade arena.
Apparently some bad situations remain alive, like the one suffered by the state-level court interpreters in New Mexico, and other court interpreters in some American east coast states. These colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. Some European countries, like Spain and the United Kingdom, continue to fight low quality translation and interpreting services in the legal arena.
Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards and creating questionable certification programs, the multi-national language agencies continued to push telephone interpreting whenever, and wherever they can, offering rock-bottom per minute fees to the interpreters. Some board members in one professional translator and interpreter association maneuvered to oust two of the most valuable and recognized members of our professional community, and this jury (me) is still out on the question of the future of the association.
On a personal positive note, 2017 was the year when a long-time goal was reached: with my distinguished friends and colleagues, María del Carmen Carreón and Daniel Maya, we published the first ever text on court interpreting in Mexico within the new legal system the country recently adopted. The publication: “Manual del Intérprete Judicial en México” has been embraced by interpreters, judges, and attorneys throughout Mexico, and so far, the sales are handsome in many Spanish-speaking countries.
Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2017 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.
As you can see, dear friends and colleagues, much changed and much stayed the same. I think that there were more good things than bad ones, but I continue to be aware of the awesome problems we still face as a profession from threats that come from without and within. I now invite you to share with the rest of us your learned lessons (good and bad) of 2017.
I wish a Happy and Productive New Year to all my friends and colleagues!
October 12, 2017 § 1 Comment
Sometimes, after turning down a job offer from an individual who had contacted me by email or phone, I wonder if my life would be easier if I turned into a “yes man” and accepted many offers that come my way. It would save me the time I spend explaining why I cannot work under the circumstances proposed, or avoiding all those baseless arguments and laughable excuses from ignorant prospective clients and greedy multinational agencies. No doubt it would be good for my health. I would have more clients, interpret every day, and turn into the darling of all agencies and professional associations. I would probably be “Tony the Yes Man”, “the one who does not make any waves.” “Mr. Takes it in the chin”.
Unfortunately, I immediately remember that I am a professional; that acquiring my set of skills and knowledge has been difficult, time-consuming, and expensive. At this point I always decide not to be the “lovable loser”.
I understand there are many interpreters; government agencies are looking for ways to save money, and private corporations want to be profitable. This only means it is harder to get an assignment; that we must put a bigger effort into finding good clients and well-paid assignments. Professional interpreting is not a hobby; it is a business, and in that world worthwhile things are not free. We must behave like businesspeople; we cannot make everybody happy by accepting any assignment that comes across our table, and we cannot make the agency recruiter’s life easier by giving in to unspeakable working conditions.
We must never forget who we are and what we do. We must protect our profession even when facing a human tragedy. I saw how some of my colleagues, well-intentioned, gave in to the indiscriminate use of bilinguals instead of interpreters during the Mexican earthquakes and Caribbean hurricanes. Some considered that demanding interpreters was inappropriate because of the urgent need for interpreting services. I think they wasted an opportunity to showcase the interpreters’ work to many people who had never heard of interpreting in their lives. I applaud those colleagues who held their ground and defended the use of professional interpreter services.
Recently, I turned down a job offer to interpret for some Spanish speakers, members of another country’s armed forces, because the assignment did not pay for the days off between sessions when interpreting was not required, and because I got no assurance that during the flying lessons there would be a flight instructor on board with direct access to the aircraft instruments if a mistake by the student occurs. The agency recruiter could not understand why I was not willing to risk my life for an assignment that cared so little for the interpreter they had not even bother to check and see if there would be a licensed pilot on board.
I also declined an offer from a small agency to interpret simultaneously non-stop for three hours by myself. The agency rep thought I was a prima donna, and even offered me more money to take the job. I did not. Another agency’s “project manager” got mad because after she booked me (and a colleague) for a conference, two weeks went by and we got no materials from her. When asked on the status of the assignment, she replied that the event organizer had selected a different agency, and for that reason she had not contacted the interpreters. She even said that it was the interpreters’ duty to call the agency to see if an event had been cancelled or not!
When you add these incidents to the many times when the agency coordinator argues with you because you want too much money and the agency is offering an “…amount that many would love to make at work…” ; when they reply with sarcastic emails insinuating that you must be out of your mind to ask for the money you quoted for your services; or those occasions when after they explain the assignment for hours, you finally get to say a word, and let them know your fee and they reply with a simple: “oh, thank you” and hang up.
I am sure that I just described another day at the office for many of you, so the question is: What assignments should I take?
Unfortunately, there is no simple answer to such a complex question. Part of the answer must do with experience, language combination, the type of interpreting you do, and the part of the world where you live. I will let you figure out that part of the question by yourself or jointly with colleagues in similar circumstances as yours.
The part I can answer, because it has universal application is straight forward: Develop a portfolio of direct clients and take very good care of them. It is difficult to find these clients but they exist. I know because I am fortunate enough to work with many. The important thing is to know where to look for them and how to spot them from a mile away.
The best clients come from referrals from other satisfied clients, colleagues, and technicians. A good story starts like this: “I am contacting you because I was referred to you by…” or “…I want to retain your services because I attended an event you interpreted in the past…”
These people looked for you because of your skills and the quality of your service. They value what you do and want YOU to interpret.
A bad story generally begins with: “…I got your name from the ATA (or any other association) directory and I was wondering if you are still a translator…”
Screen these individuals for only sixty seconds and politely end the conversation if they do not look promising. These prospective clients do not understand who you are. To them, you are just another name on a directory under the language they need and from the location they want. They do not know what you do, and they value your profession so little they even wonder if you are still “translating” because, since you are bilingual, this must be a thing you were doing “in between jobs”. I know some people think that you can get some good clients this way, but it depends on what you consider a good client. So far, I have never found one top client this way.
The other thing to consider, because of its universal application, is the place where you are in the world. Unlike translation, good interpreting assignments do not happen in small towns or mid-size cities. They are in the big cities and not in all of them. If you live in a rural area or a small city, and you want to take the best assignments, you must consider moving to a bigger city. You may need to decide between a certain lifestyle, including few professional competitors and life in the big city where you will be swimming with the sharks. Do your research, and when you do it, make sure there is a market for your language combination in the big market you are targeting. Nothing is worse than moving to another place to find out that your languages are not in demand.
Finally, think of what you want to do. People find certain things very important, even if there is not a lot of money in that field. Do not fool yourself, you will never make a lot of money working as a community interpreter or practicing in a small city, but maybe that is not a crucial factor to you. Some colleagues find working in the community assisting people with little or no money more rewarding than a high-profile wealthy client in the big city. Some interpreters prefer less money and not so famous clients over constant traveling and spending most of the time away from home.
In conclusion, we should all seek clients that will appreciate our work, who select us for who we are as individuals, offer us professional working conditions (treat us with respect, provide materials, understands the need for team interpreting and good technology in a comfortable booth, etc.) and pay professional fees. We should protect the profession and reject prospective clients looking for anybody on a list, disrespect us, want to pay us as laborers, and do not offer the appropriate working conditions mentioned above. The rest are personal judgments we all need to make depending on the lifestyle we want to have and the service we want to provide. I now invite you to share with the rest of us your comments on this topic.
April 17, 2017 § 10 Comments
I am tired of getting this call repeatedly: “Hi, I got your name from the ATA directory and I was wondering if you would be available for a medical evaluation (or a worker’s compensation hearing) this Friday…”
Maybe those providing the service would be happy with these calls, but I am not. Every time I must answer the phone to tell somebody I don’t do that work, and that I refuse to work for peanuts, is a waste of my time. I do conference interpreting and I don’t like to explain two or three times a week I do not work for fifty dollars an hour.
For years I have almost exclusively worked as a conference interpreter, doing some court or legal interpreting for established Law Firms I regularly work with, generally in civil cases or some federal criminal matters. Motivated by ATA’s outreach campaign regarding the credentialed interpreter designation and database, I thought that maybe, if I clarified it on the ATA directory that my credentials are United States Department of State Conference-level, and Federal court certification, all these people would stop calling asking me to do work that I do not provide.
I have been an ATA member for many years, and even though the association does many things I am very much against, I also get many benefits from my membership: a monthly publication with some very good articles, a discount on my errors and omissions insurance, good divisional activities, valuable webinars, and a well-known directory.
I logged in to the members section of the website to update my information and take advantage of the new credentialed interpreters’ database in their directory. This happened:
I must start by confessing that I rarely access ATA’s website, so I found it a little bit too crowded; maybe appealing to translators, but I believe it could be a little intimidating for clients looking for an interpreter or translator. After I accessed the “members” section, I looked for a section called “Interpreters’ credentials”, or something similar, but I found nothing. I clicked on the menu where it says “update your contact information” and “update your online directory profile”.
As I got to the profile section, all my information was already there (so I had entered it before). I did not need to change anything. Since I was already inside the program, I reviewed it anyway to see if I needed to make any changes. When I got to the “Interpreting Services” section, I saw that I had previously highlighted “consecutive”, “court”, “escort”, and “simultaneous”. Since I saw a “court” category, I scrolled down to see if I could also highlight “conference”, but the only category left for me to highlight was “sign language”. I thought it was odd. On one hand, if all you are listing are the interpreting you do, then “court” does not belong in here. If they added “court” to make the search easier for the clients, then I would like to see “conference” as an option. I suppose that healthcare interpreters would argue the same for their specialization.
Under the “Certifications” section, I entered my federal court interpreter and my two state-level court interpreter certifications from the drop down menu. I saw nothing for other credentials that are not certifications, but equally important, such as AIIC, U.S. Department of State, European Union, etc. The menu had another category: “other” where I entered my conference interpreting credentials, constantly wondering why I could not find the so much talked about “credentialed interpreter” menu for the new database ATA has been advertising so much. I thought the reason the place to enter that information was somewhere else, perhaps later on the form, was because these other credentials are not certifications and ATA had included them separately.
I kept looking, and my search only found a different category towards the end of the page called: “Additional Information”. That was it. No other place to enter conference interpreter credentials. Knowing I would not get what I wanted, I tested the directory, so I looked myself up. On a simple search I found my information, not as advertised with the credentialed interpreter information, but as I had entered it earlier. I immediately thought of the unwanted agency phone calls that would keep on coming as before.
I ran an advanced search just for English<>Spanish interpreters in Illinois, where I live, asking for State Department conference-level credentials, and the result was “we found none”. I found this interesting, so I dug deeper to see if there was a problem with the directory search engine. The first thing I tried was a search for interpreters with that same language combination and credentials in the largest state: California. I know several colleagues there with the credentials and are members of ATA. The result was: “we found none”.
At this time I decided that maybe it was a glitch on the search engine, but before concluding that, I wanted to see if I had missed the section where you enter these credentials. I went over the form two more times and I found nothing. At this point I am thinking that maybe I needed to submit my credentials for a verification before the information was displayed, so I went back to the form once again. I read it carefully looking for some instructions or description of such process. I found nothing.
I did the only thing left: I went to the search menu at the top of the page and I typed: “credentialed interpreter process”. The search took me to a page with all the results. At the top I saw one that looked like the information I was looking for, so I clicked on it.
I finally found the explanations and instructions, with a link to a form to start the process. The first thing the program asks you to do is to reenter your ATA membership information. Once you are in the form, you are greeted by a message in red that tells you to submit a separate form for each credential and that you must pay $35.00 USD. As an attorney I must confess that although the red-inked message clarifies that one fee covers all requests, it is ambiguous on a second matter: it reads: “A $35-administrative fee covers all requests for one year.” I did not understand if this means that for your information to continue to be available indefinitely you must pay $35.00 USD every year, or that any request filed after twelve months is no longer covered by the initial $35.00 USD fee and therefore you must pay again for the new credential. Finally, I also learned that the process could take up to something like forty days.
After reading this, I stopped for a minute and reflected on what I was about to do: I was ready to send $35.00 USD to ATA (with my documentation) to be a part of this new database, but so far I had had a miserable time looking for, and finding any colleagues with the desired credentials; so far I had found zero conference interpreters. I even had a difficult time finding the instructions to get my credentials reviewed. My friends, I am pretty active on social media, and even though I am not a computer genius, I am resourceful. Can you imagine how tough it would be for a regular individual looking for an interpreter to navigate through these? Even if I do this, send the documents, pay the fee, and wait the forty days, will my clients find me?
I concluded that I had to do more research first, so I did.
I went back to the directory and tested it:
I did this trying to think like a client and not like an interpreter or an ATA member. The first thing I noticed was that to look for an interpreter, the person doing the search must go through the translators’ section of the advanced search; they must scroll down passing through a section with very confusing questions for somebody who, let’s say, wants to hire an interpreter for a marketing conference at the Marriott downtown. Without being an interpreter, I would not know what to do when asked to indicate if I want an ATA certified or non-certified translator, or what translation tools I will need. As a client, even before reaching the interpreter questions, I would probably close the page and look for a conference interpreter in Google or somewhere else.
Since I had already tried Illinois and California with a result of zero interpreters, I looked first for any conference interpreters with an English<>Spanish combination, with a U.S. Department of State Conference-Level credential in New York State. The result was: none. Then I did the same thing for Washington, D.C. (where most conference interpreters live) Again there were zero. I got the same result in Florida and Texas. Next, I searched the same states for any interpreters with the same combination, but with the AIIC membership credential. The result was: nobody. I considered doing the same for every state in the Union, but (fortunately) I decided against it. Instead, I looked for any conference interpreters with any credential and living anywhere in the world. The result was: 2 interpreters. One U.S. Department of State Seminary-Level colleague in the United States, and one AIIC member in Argentina!
Based on these results, I looked for interpreters in all listed categories. I found this: Under certified court interpreters I found 10 colleagues. Under Healthcare certified I found 4 (2 were also listed as part of the 10 court certified). Under conference credentials I found 2 (one of them is also one of the 11 under court certified). I found 1 telephonic interpreter (also found under another category), and I found zero sign language interpreters. Looking for simultaneous interpreters I found 10, under escort interpreters I saw there are 9, and as consecutive interpreters they have 14. As expected, all interpreters under the modes of interpretation categories are the same ones listed by specialization. I also noticed that some interpreters I found in this group are ATA Board members.
The page also asks the person doing the search to state if they are looking for a “consecutive, court, escort, sign language, simultaneous, or telephonic” interpreter. My relevant question was stated before in this post, but it is worth repeating for another reason: If I am a client looking for a conference interpreter, how can I find one under this criteria? Ordinary people do not know that conference interpreters do simultaneous interpreting. Even worse, they also do consecutive interpreting in many events such as press conferences for example.
If people we deal with regularly have a hard time referring to consecutive or simultaneous interpreting by their correct name, why would everyday people looking for a conference interpreter know who they need based on this question? If ATA included “court”, and even “telephonic”, they should include conference. Once again, I am sure my healthcare interpreter colleagues want to be heard here as well.
After reviewing the directory my decision was simple. Why would I want to pay $35.00 USD, and perhaps wait up to forty days, to be part of a directory listing a microscopic portion of the interpreting community? Should I encourage my clients to look for a credentialed conference interpreter in a directory that does not even list us as an option, and flatly ignores conference interpreting in their most common questions section, where all explanations and examples are geared to court and telephonic interpreting? And why as interpreters should we reward the work of an association that continues to treat us as second-class professionals by including the interpreter search criteria after the translator search options, instead of having two separate search pages: one for interpreters and one for translators to make it easier for our clients, and to give some respect to the many interpreters who are ATA members? There is no excuse or justification for this.
I know there are plenty of capable people at the helm of the American Translators Association whom I know and respect as friends and colleagues. I also appreciate many of the good things they do for the profession, but at this time, for all these reasons, until we interpreters get from ATA what we deserve as a profession: Unless the search criteria and credentialed interpreter designation process is as prominently displayed on the website as is the translators’ certification; and only when the search criteria addresses the conference interpreter community on a client-oriented, user-friendly platform, I will stay away from the “advanced-options” directory. I hope this post is welcomed as constructive criticism, and as the voice of many interpreters all over the world. It is not meant as an attack on anybody; it is just an honest opinion and a professional suggestion from the interpreters’ perspective. I now invite you to share with the rest of us your thoughts about such an important issue for all interpreters and for the image of ATA.