March 18, 2021 § 5 Comments
By now we all know of the challenges interpreters face in remote depositions, but when the deposition to be interpreted remotely involves high profile individuals, a large sum of money, and difficult legal and jurisdictional issues, additional considerations need to be addressed. I was recently involved in one of these cases.
I was part of a team of interpreters retained to interpret the deposition of a well-known individual involved in a very important multi-billion-dollar litigation with an army of attorneys virtually attending the event from three continents. A job of this nature presents very specific issues that can be grouped into three categories:
Issues with the deponent.
There are certain factors to consider when deponents are celebrities in the world of politics, sports, business or entertainment; things that would not be an issue when the person to be deposed is an ordinary citizen of the world. Tight schedules, avoidance of media coverage, deponent’s convenience, and star power have to be discussed and resolved before the interpreter commits to a date and time. Here, the complexity was exacerbated because the attorneys involved in the case were in three continents, with some physically participating in-person from the same city the deponent would appear. On top of multiple professional agendas and all factors above, time difference had to be addressed. At the end it was decided the deposition would take place at a time of the day when the deponent would be rested and alert. Because of the status of this individual, it was agreed to block ten straight workdays for the deposition. The event itself was expected to last one day, but there was no way to pin it down to a specific date. A ballpark date was all the parties could agree to. This had to be scheduled twice. The deponent could not appear during the originally scheduled ten-day period, so the event was rescheduled for another ten straight workdays two months later.
The second factor to remember is these deponents are difficult to interpret because they are very resourceful. It is expected that regular deponents be smart individuals with a sharp mind, and a sophisticated varied vocabulary; after all they are usually company executives or government officials. Celebrity, high-profile deponents have the above, plus years of experience with previous litigations, giving impromptu speeches, and they have the “star factor.” It is not uncommon to find attorneys who cannot get over the fact they are deposing their childhood heroes, role models, or favorite athletes or stars. This complicates things for the interpreter when deponents answer a question with a long, winded speech full of half-truths, equivocal affirmations, and little substance.
Issues with the interpreters’ client.
There were many attorneys involved in this activity, but only a team of lawyers from one firm required interpreting services. Some of these attorneys were physically present at the site of the deposition, most were virtually attending it from their home country. Because the deposition was scheduled to be taken in the deponent’s first language, and most attorneys shared that language with this person, even if they were not all from the same country, most interpreting details were overlooked until we raised them. The fact some attorneys are the gold-standard in their profession, they are known around the world, and they command a hefty fee, does not mean they know more about remote interpreting than a modest solo practitioner representing the victims of a traffic injury. We soon realized the attorneys had not even considered that the interpretation would be rendered simultaneously by three interpreters sitting at their own respective studios thousands of miles away. We explained how this works, and gave them the reasons why this could not be done over the phone with a long-distance conference call. This does not differ from the conversation interpreters have with their clients everyday all over the world, so why am I singling it out as an issue specific to high-profile depositions? I am mentioning it, because after we listened to our client’s concerns, and the comments and objections from the other attorneys that were not our clients (remember: we were working for one of three law firms) based on the multi-billion-dollar nature of the controversy, we could have easily recommended the most expensive RSI platform. We did not.
We did not ask for one of the dedicated, more costly platforms because it was unnecessary. This was a bilingual event with no relay. We saw what was the platform all law firms had in common, we agreed to communicate among ourselves through a separate platform like WhatsApp or Facetime, and we selected Zoom for this assignment. We had to request headphones and good microphones for all those involved, and everybody complied. The only other wrinkle we encountered concerned the lack of familiarity with the way interpreters work when providing distance interpreting. The client expected the interpreters would have their video cameras on during the deposition until we explained that in-person simultaneous interpreters work from a booth where nobody sees them, and when simultaneously interpreting remotely, the off video is the equivalent to the in-person booth. There were no issues or complaints after we gave the explanation.
Issues with the interpreters’ preparation, availability, and compensation.
Because of the complexities in a proceeding that started over a decade earlier and has been through different countries’ jurisdiction no less than three times; the amount of study materials; the needed research on the deponent’s career, personal life, and speech style; all terminology research and development of glossaries; possibility of last-minute cancellations; and number of days needed to be set aside for this deposition, even though the event itself would not last longer than one day, it was decided that all interpreters would be paid for full interpreting days on all booked dates, regardless of cancellations, postponements, or days of actual interpreting. There was no bargaining or hesitancy by the client. They immediately agreed to these terms because they perceived them as fair. Another critical issue was the availability of study materials early in the case; fortunately, the client provided all materials, and a list of internet links to more information early in the assignment, and they did it without us having to request it. Because the interpreter team has worked similar cases for a long time, coordination, assignment of tasks, and collaboration was not an issue this time, and it underlines the importance of working complex assignments with trusted, compatible, capable colleagues.
I know many of you are now facing these high-profile, complex assignments with RSI. I hope this experience and suggested pointers are useful and valuable to your professional practice. I now invite you to share your own experiences and suggestions when dealing with complex or high-profile remote depositions.
December 7, 2020 § 4 Comments
Conditions worldwide continue to keep us isolated. Lack of travel, conferences, and all human gatherings have left us without in-person interpreting work, and business, government, and scientific needs have pushed all events that could not be cancelled, or postponed any longer, to remote meetings. By now, most interpreters have worked with distance interpreting platforms, or at least some other less desirable remote option. RSI Platforms have aggressively pursued all markets, and language agencies have found and adopted a way to remain in business while increasing their margins by hiring less-experienced interpreters from developing countries willing to work for fees lower than well-established, renowned colleagues from developed economies. To many of these newcomers to the profession, distance interpreting from home does not look like a problem, and adding the roles of unpaid technician, mechanic, and telephone operator does not seem out of place. They have not work under other conditions.
The rest of us have adapted to distance interpreting; our previous work in the booth lets us see what different platforms offer, and what they do not. With a constructive, critical eye, we can opine as to the better platforms depending on the assignment. We can also understand the enormity of the challenge, the very serious liability exposure, and the added cognitive load that may affect the way we provide our interpreting services.
Platforms and agencies have asked us to interpret from home, and to do it, we had to invest on equipment, training, and a physical space within our homes. Some colleagues had to pass on this work because of where they live. If you cannot avoid a noisy environment you are out of luck, regardless of your interpreting knowledge and skill.
Stressful weeks, dissatisfied clients, and lawsuits can be minimized (not eliminated) by working from a hub. Distance interpreting is not as reliable, and its quality is not as good as in-person work, but there is a world of difference between interpreting from home: by yourself, without a boothmate, with no technical support, and praying the neighbor does not mow the lawn during the conference, and working from a hub with a boothmate (for now) in the booth next door, a technician on site, and all the hardware and software needed to provide the service successfully. Because of the pandemic, interpreters in many countries cannot travel to the hub, even if in the same city, so interpreting from home continues as an in-extremis solution, but even with these restrictions lifted, those colleagues not living in big cities where hubs are will not take advantage of this option. Interpreters in hub cities will also face the obstacle of platform-run hubs where they will always be limited to certain platforms, hardware, and working conditions such as agency or platform-imposed boothmates and lower fees.
The outlook looks grim, but it need not be. There may be a solution.
Like everyone else, most of my work this year has been from home. Pandemic restrictions, and health concerns have kept me in my place for nine months; however, I did not have to do distance interpreting from home twice. That opened my eyes.
Earlier this year, a client hired me to do a multiple day event for one of the largest firms in the world to take place live from many countries around the world in several continents. The assignment would require interpreting services in four languages and relay interpreting would be needed.
This was too big of an event to organize a group of colleagues to work from their home over Zoom and a combination of social media platforms and telephone lines to hear boothmates and do relay. It was clear the complexity of the event required professional technical support. To avoid the solution above, there seemed one option: The client would need to choose one of the local hubs for the event. The problem was that picking a hub would mean using the platform they offered, and having to negotiate the interpreter roster as some hubs push for the interpreters in their “lists.”
Faced with these facts, we brainstormed long and hard, and suddenly, a solution emerged. We live in a big city where many movies and TV shows are filmed; many artists record their music here also, and there are interpreting equipment companies that have suffered even more that interpreters during this conference-free Covid season. We realized that these studios have the infrastructure to hold a multi-lingual interpreting event: physical facilities such as soundproof stages and studios; sound and video equipment with many consoles and tons of microphones, monitors, computers, etc.; and technical staff with years of experience in show business. Not exactly as working with interpreters in the booth, but with enough knowledge and skills to catch up quickly. I even knew some from voice-over and TV interpreting work.
We contacted one studio and voila! They agreed. The cost was way lower than a traditional hub, and they were flexible and eager to learn. They had been dark most of the year, and the staff had been out-of-work, struggling to make ends meet on unemployment insurance checks.
First, we explained our needs; not just our technical needs for the event, but first our public health conditions. There were no problems, the studios underwent a deep cleaning process, ventilation was brought up to health department standards, everybody’s temperature was checked, and we all answered health-related questions before entering the facility, there were plenty of sinks to wash our hands as needed, hand sanitizer was found at every interpreting booth, office, and technician station, and everyone wore masks all the time.
There was a learning curve, but they were quick learners. At first, they expected our work to be similar to a voice-over assignment, and they thought the event would be recorded with the possibility of editing picks. It was explained to them the event would be broadcasted live to many time zones around the world; we put them in touch with the broadcasting company that would provide that service, and I happily saw how the spoke the same language as far as cameras, lighting, sound at the two venues where the speakers would be addressing the audience from, and so on. All interpreters worked from individual booths built with plexiglass dividers so we could see each other and communicate during the rendition. Even during the breaks and lunch time all interpreters socialized keeping a safe distance from each other and separated by plexiglass dividers so we could eat without wearing masks.
The experience was great and since then I have spoken to other studios in my area willing to do the same when the opportunity arises. This temporary hub solution is great because it keeps interpreters in the driver’s seat, not the platforms, not the agencies. We can select our trusted technicians and pick our interpreting team. This brings top interpreting services to the client, reduces interpreters’ stress, liability, and cognitive load during the event, and because you may choose the interpreting platform that better suits the needs of that event, it saves the client money. Distance interpreting as it should be: between interpreters and direct clients, with platforms playing their real supporting, not protagonist, role, and without agencies.
I understand this solution works for all of us who live in big cities, and even some midsize cities with movie, TV, or recording studios, but even towns without these facilities, or big cities where studios are not willing to work with us can create a temporary hub for an event if they have a conference interpreting equipment busines in town. Some of us have spoken to one of such companies in our area, and we have agreed to create a temporary hub whenever it is needed at the company’s warehouse where they can easily erect the same temporary booths we have used at hotels and convention centers for years. Here we will even work with the same trusted technician friends who know us personally from other assignments.
As interpreters we should control our profession and the way we provide our services. Relinquishing these functions to other supporting actors will diminish the quality of the interpreting services, and will affect interpreters’ fees and working conditions. I now invite you to share your opinions and other possible solutions to make distance interpreting better for the client, and safer for the interpreter.
May 4, 2020 § 1 Comment
Just like many people around the world, I am one of those individuals who watch a lot of movies, feel they are amateur movie critics, and always watch the Academy Awards Ceremony on television. Unlike most them, for professional reasons, I am usually on the road on Oscar night. This means sometimes I get to watch the ceremony when people are sleeping, and on the local TV broadcast of the country where I am working. Because the show is in English, TV stations in non-English speaking countries use simultaneous interpreting services (that is great for the locals, but a little uncomfortable to those of us who try to hear the original sound feed, partly covered by the interpreters’ voices).
Occasionally, when I watch the Oscars in a Spanish-speaking country, I do what we all do when we know the two languages used on the screen: I compare the source to the rendition. Most interpreters are very good, but as a spectator, you miss quite a bit of the ceremony’s flavor.
This year I watched the Oscars while working in a foreign country. I looked for the original English broadcast on cable or satellite TV, but my hotel only offered the simultaneously interpreted voiceover broadcast by a local network. I paid attention to both, the rendition and the original speeches in the background. No doubt the interpreters were experienced professionals, their interpretation was spot on, until it was not anymore. The interpreters remained silent during many of the political and current affairs’ remarks by hosts and award recipients. First, I thought it concerned censorship by the local authorities, but after a while it became evident that they were not interpreting those exchanges because they did not fully know what was being said. The Spanish-speaking audience did not get the full Oscar experience because some astute, sharp criticism and very good jokes were left out.
I immediately thought of the globalized interpreting market and how cheap agencies have taken away assignments from local, excellent interpreters in the United States and Western Europe, choosing experienced and way less expensive interpreters from developing economies.
I have discussed this issue with potential clients in developed nations and the comment is always the same: “…but these interpreters (from developing countries) are really good and they work for a fraction of the money you charge…” This is my cue to bring up to the client my competitive advantage.
I take this opportunity to explain the importance of having an interpreter with the right acculturation in the booth so communication may flow between speaker and audience. I make them see the value of making sure their message comes across by eliminating any informational voids and misunderstandings not attributable to a bad interpretation of what was said, but to a poor command of the speaker’s culture and its equivalences in the target language of that specific audience. You cannot communicate if you limit what a speaker may say or do. Analogies, jokes, pop culture, politics, and country-specific rules of etiquette are essential to a successful event. Sometimes I present the testimony of the technicians who work with interpreters all the time, and even without speaking the languages in the booth, they can tell if a joke or a cultural remark got lost in the interpretation.
This is something all interpreters in developed economies must emphasize. We have to drive home that a person who does not live in a country lacks many elements needed for an accurate rendition. No academic degree can replace this immersion.
A proactive strategy is essential to protect your market, more so at this time when many are promoting and using remote interpreting services. You need to drive this point home as it is your leverage. Unlike in-person interpreting when agencies, colleges, or corporations bring interpreters from developing countries to the West to save money in professional fees, and you have the law to protect you from foreigners working illegally as interpreters in a foreign country, and you should immediately go to the authorities without hesitation so violators are sanctioned and removed (https://rpstranslations.wordpress.com/2019/02/06/alert-they-are-interpreting-illegally-outside-their-country/) this is your main line of defense in conference remote interpreting. Healthcare and legal interpreters have other defenses against telephonic, RSI, and VRI interpreting such as the certification or licensing requirement to interpret in such fields. State court interpreters in the United States can even use this argument against remote services by interpreters certified by another state. Interpreters in developing countries could argue the same when protecting their market from foreign interpreters.
The second principle interpreters need to enforce benefits us all, regardless of our country of residence.
Agencies are constantly looking for cheap interpreting services. To find them, they usually look south. Conference interpreters with similar skills and experience in Latin America will get paid about eighty percent less than their counterparts in the United States. Africa, many places in Asia, and certain countries in Eastern Europe are in a similar situation. If you stop and think about it, it is a bad situation for all interpreters; it is unfair to interpreters in developed economies, and it is insulting to our colleagues in the developing world. Let me explain.
When asked, agencies defend the microscopic amounts they pay in poorer countries with two arguments: Cost of living is lower, so interpreters in a country south of the equator do not have the same expenses as their colleagues in a rich country. The second argument is that their lifestyle is different, so an amount that looks low in the West, is actually pretty good, or at least good enough in an underdeveloped nation.
These arguments do not pass muster. That the electric bill is cheaper in a specific country has nothing to do with the professional service provided by the interpreter. Same work and same quality must get same pay.
Frankly, to say that a certain fee is “good enough” for somebody because of where they live is insulting. When clients or agencies offer a low fee to an interpreter in a developing country, what they are really telling them is “you are not sophisticated enough to appreciate a different standard of living, so this will make you happy. A steak is too good for you, have a burger. Caviar is not for you, have a bowl of beans.”
Many colleagues in these countries agree to such discriminatory practices, and work for less than peanuts, because they are afraid there will be no work. This is a misunderstanding. If they do not take the assignment. Who will do it? Even if they are paid the same fee as an interpreter from the U.S. or Western Europe, it is way more expensive to fly another interpreter from abroad. Remember: same work must get same pay. It is your market, not the agencies’. Reclaim it!
Interpreters will not get paid the same in South America and the United States. These are two markets; two economies. Our goal should always be to get the highest fee a particular market can afford. If you get paid that way, you will be in good shape, even if the amount is considerably less than Western European fees. This goes both ways. If South American interpreters work a local event in their country, they will make less money than American interpreters working a local event back in their country. American interpreters working a local event in South America will get less that their usual fee back home. The reason: The client is in the poorer economy. That is what they can afford.
But if interpreters from an emerging economy work an event in the United States or Western Europe, in-person with the appropriate work visa, or remotely from their home country, they must get paid what American interpreters make for that work. To determine professional fees in a particular market, the interpreters’ country of residence is irrelevant. What matters is the country where the client is located. It is the client who will spend the money.
The task is difficult, and it will take time for you to accomplish it. Remember: to protect our market, we must use our competitive advantage by emphasizing the huge void in communication caused by interpreters who lack acculturation. To make sure we get paid what we deserve, we must quote our fees according to the client’s country of residence, not the interpreters’. I now invite you share your ideas as to how we can achieve these two goals.
March 23, 2020 § 7 Comments
At the beginning of the year it looked like we were on our way to a great professional future. The booming economy, new technologies and new clients coming into the interpreter services market gave us a feeling of security. Then, it all collapsed. Our shiny future disappeared overnight. The rapid propagation of COVID-19 throughout the world brought the economy to an almost complete halt. Conferences were postponed or cancelled, courthouses closed their doors, hospitals regular routines were dramatically transformed by the overwhelming demand for beds and medical staff. The airlines did not fly anymore, and we were told (sometimes ordered) to stay home. To most independent interpreters this meant a total loss of income for the foreseeable future, coupled with uncertainty, anxiety, and fear. Many of us have seen our source of income disappear, our savings go down, and the money we had, and our retirement funds diminish or vanish in less than a week.
This is the world where we live at this time: health risks, no reliable source of income, and a future nobody can yet forecast in the short and mid-terms.
Unfortunately, there is no time for lamentations; we must keep our minds on these basic goals: Stay healthy; help to stop the spread of this virus by following the rules, spend our money wisely, and protect our profession. Yes, dear friends and colleagues, at some point we will go back to our professional practice, and it is what we do now, during this pandemic, that will determine how we will work once this is all behind us.
Unfortunately, some unscrupulous entities have emerged to prey on our more naïve colleagues and on those who have been affected the most. A despicable multinational translation agency offers work at reduced fees because of the crisis; there is another one telling interpreters to offer remote interpreting services to their direct clients, set the “per-minute fees”, and “just” pay the agency 25 percent of the fee for the use of their platform. Other agencies from less developed countries are taking advantage of this crisis to enter developed economies and offer remote simultaneous interpreting from abroad, using interpreters being paid ridiculously low fees for their services.
Yes, dear friends, they are suggesting you charge “per-minute”, and a platform for 25 percent of your fee. Not even professional athletes’ or movie star’ agents make this money. They get 15 percent, and they represent and protect the interests of their clients. More for your money than just providing a platform. And there are vendors all over the internet bragging in a celebratory manner they have been saying for a long time that remote interpreting was the future, the solution to all multilingual communication problems. Sadly, some colleagues are taking the bait.
Under current circumstances, regardless of the work you do, it could be tempting for healthcare, court, community, or conference interpreters to accept an assignment from one predator. A “per-minute” payment, a solo assignment, or a reduced daily fee may look good when you have nothing better on your schedule. Please do not do it. Taking these offers will sentence you to a life term of mediocre pay, to a career of second-class assignments, and to a terrible reputation among your peers. In other words: Nobody will ever recommend you for an assignment or willingly work with you again.
There are other ways to procure income without permanently damaging your career: The first thing you need to do is contact all your direct clients, in a tactful way, let them know you are here to help them through these terrible times, and ask them for a time to talk on the phone or chat online about possible solutions.
Then, contact other entities and individuals you have worked with. If you work with a business five years ago through an agency, contact them and offer your direct services for a real professional fee.
Finally, be creative, look around and see who in your immediate universe could benefit from the services of a professional interpreter.
Even if you are working remotely, you must charge your regular professional daily (not per-minute or hourly) fee, plus expenses (depending on the service). If you have to do in-person or on-site interpreting, therefore leaving your house and be exposed to the virus, charge an extra high-risk fee. Do not feel bad about it. This is what professionals working in high risk areas (war zones, high-crime countries, etc.) have always been paid. Look at today’s news and you will see how all big companies are paying an added bonus to their employees who have to work outside their home. The client may cry first, but after a good explanation they will comply. If not, do not work for that client. Obviously, they do not care about you, so why should you care about them?
Currently, in our world, there is a difference between this anomaly’s “reality”, and true reality. During these exceptional times we must satisfy our clients’ needs, make a living and keep our client base.
At this time, we should contact our clients to tell them there is an option, and explain to them that remote simultaneous interpreting is better than noting: it will keep everybody safer, and it will solve urgent and immediate issues. We have to warn them about the voices preaching remote simultaneous interpreting as the salvation of globalization. We must be polite when talking to our clients at this time, always remembering they have problems bigger than remote vs. in-person interpreting. They are trying to save their businesses.
We need to be clear, but we should not lie. We can explain that remote simultaneous interpreting is a viable option for certain business meetings and negotiations, but not for them all. When confidentiality due to the information exchanged, or face-to-face negotiations are necessary to close a deal, in-person interpreting must continue. We have to let them know of the many risks they would face when using remote simultaneous interpreting for a big or important event. Technology, geography, weather, physics (speed of sound) and lack of visual clues for the interpreters will be risks they need to consider. Tell them of the events that have failed. Platform vendors and interpreting agencies will not address these situations. A good example everyone can understand is the bad experience the Biden campaign went through several days ago when attempting to do a virtual event. (https://www.cnn.com/2020/03/13/politics/joe-biden-virtual-town-hall-technical-trouble/index.html)
Also explain the risks involved in remote simultaneous interpreting when the interpreters are working from a developing country (Please see my post: https://rpstranslations.wordpress.com/2019/10/17/the-very-real-dangers-of-remote-simultaneous-interpreting-from-our-home/)
You have to make sure your clients understand remote interpreting is appropriate during the crisis, but it cannot be adopted as the preferred option once things go back to normal. We must underline that even when remote interpreting may be a solution, it should not be done from a person’s home, and never by a single individual.
These steps should be taken by all interpreters:
Non-negotiable rule: Absolutely no chuchotage!
Keep your distance at all times. There will be little escort interpreting at this time, but all whispered interpreting, escort, during a press conference, or elsewhere is out of the question. Portable interpreting equipment like the one used by tour guides and court interpreters should be used. Make sure the client’s headphones have disposable protective guards, and dispose of them after every event or when you switch users. For health reasons, I suggest you ask the client to rent the equipment, but if you have to use your own, please charge extra for the equipment, disposable protective ear guards and microphone guards, and disinfectants.
If you are a healthcare interpreter, right now you should be working from home using a computer, a tablet, or a telephone. Most reputable hospitals are already following this practice, but even if they have not instituted it, you must set it as one of your working conditions. These are extraordinary times. If it has been good for remote town in Alaska during all these years, it has to be good for New York City or Chicago today. If your physical presence is absolutely necessary, wear safety gear furnished by the hospital (no gear = no interpreter. Sorry) try to work from a different room in the hospital, and if you must be in the same room as others, keep your distance and use portable interpreting equipment provided by the hospital. If someone needs to get closer to the patient because it is hard to hear what they say, let medical staff do it. In the worst possible scenario, they can put a cellular phone by the patient’s mouth so you can hear on another phone at a safe distance. Please remember to charge for your services as described above. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.
There is no reason for community interpreters to be providing in-person services. All work can be rendered by phone or video. Schools are out almost everywhere in the world, and government agencies that provide social services and benefits can call you at home for you to interpret for an applicant or benefit recipient. Here again, please charge. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.
Most courthouses have continued hearings and trials worldwide, but there are some court appearances that must take place even during toe COVID-19 pandemic. For these services, interpreters must demand remote work, even if it has to be via telephone and rendered consecutively. Most hearings will be short as they will likely be constitutional hearings (arraignments, bond redeterminations, conditions of release, protective orders, probation violations, etc.) if an interpreter is asked to appear in person, all work must be performed using the court’s interpreting equipment (portable or fixed depending on the venue) and under no circumstance interpreters should agree to close contact with victims, defendants, petitioners, plaintiffs, respondents, or witnesses.
Jails, prisons, detention centers, and immigration courts carry additional risks and interpreters should refuse work, unless it is remote, at these locations. Like all others, court interpreters should charge their professional fees as mentioned above in this same post. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.
Always remembering everything discussed above about remote simultaneous interpreting, conference interpreters must be very clear when talking to their clients.
First, they should try to convince the client to postpone the event until it is possible to do in-person interpreting, only doing what is necessary to keep the business running and protect the company, its customers, and its employees. It is very important we emphasize that the service we are about to provide is an anomaly. We have to explain to the client that the conditions will not be the best, that even with the best platforms, the interpreters will be working from home, not a soundproof booth, and they will not have on-site technical support. The client needs to know there may be interruptions to the electric power, interference by other internet users, background noise coming from next door, or because your children and dogs are at home, even if they are in a separate room. Explain that you can use one of the free platforms, a paid platform you already use for other things, or that you could download and install another one they may prefer as long as they pay for it. Something as simple as Skype can save the day under these circumstances. Remember that it is unacceptable to do a remote interpretation lasting over 30 minutes without a booth partner (at least a virtual booth partner somewhere else in the world).
Before you provide the service the client must sign a written contract where you will detail your daily fee, the total hours you and your teammate will work per day, overtime fees, and a cancellation clause which must include postponements or cancellations for force majeure (sometimes half of the total fee, sometimes the full fee depending on the time you are notified of the postponement or cancellation. Under these conditions cancellations will be on short notice, so the fee must be a full amount). Your contract must include a release of liability where the client and all others participating in the event, directly or indirectly, release all interpreters of any liability due to any events or circumstances related to the remote service. Also, include that only the law and courts of your country will have jurisdiction over the contract and event. That way you eliminate the need for foreign or international law attorneys and overseas litigation if this happened. Finally, inform your client of all best practices for remote simultaneous interpreting by AIIC (even if you are not a member), and do your best to adhere to them all. (https://aiic.net/page/8956/aiic-best-practices-for-interpreters-during-the-covid-19-crisis/lang/1)
You have to keep in mind that there is a difference between RSI platform providers and interpreting agencies. Always go for the platform providers with your direct clients. Here you are in charge. It is less desirable, and even discouraged, to do RSI through an agency. They will call the shots, communicate with the client, and negotiate your pay with their client, always looking after their own margins. I will soon deal with this issue on a separate post.
Please turn down low paying jobs. They insult our profession. Before selling your soul to an agency, try the strategies I suggest above. Be polite, professional and show empathy when you talk to your clients. Whenever possible, try to help a colleague by referring them to an assignment you cannot or will not take. More important, be patient, stay home, and stay healthy.
I now invite you to share your thoughts about this “other” very real danger we face as interpreters at this time.
December 30, 2019 § 5 Comments
Interpreting is a profession, but unfortunately, it is not always perceived as such. To be recognized we need to look and behave like better-known professions like physicians, attorneys and accountants. A big part of this effort concerns the way we get our clients. As an attorney, I worked with direct clients, therefore, when it was time for me to practice interpreting, and understanding interpreters are also professionals, I looked for my own clientele. Every time I have a chance, I tell my interpreter friends and colleagues to look for direct clients and move away from the agency-dependent model.
The first thing many colleagues ask me is how they can get direct clients and free themselves from having to deal with agencies, and give them part of what they earned. There is no silver bullet. There are several approaches and we must use the tactics that best suit our specific practice, personality, and needs. I will now share some actions that have brought me positive results and have allowed me to directly work with my clients without intermediaries who tell you what to do, force you to fill out tons of paperwork to get paid, impose nonsensical requirements to the way you deliver your services, and often pay late.
One of the first things we can do is to look at our lives, relatives, friends and acquaintances and see if someone can be a direct client or could be a bridge to get to our clientele. Sometimes a cousin or an in-law might work for a business where our services are needed. Many interpreters live and work in countries different from their birthplace or where they went to school. Look at your classmates and their immediate environment. Sometimes you discover that the kid you saw at the school cafeteria or the college library is now a bank president, owns a big business, married an entrepreneur, or is now an elected official in a position to hire interpreting services. If you have a president, governor, CEO, business owner, or professional on your list, go knock on their doors and renew that relationship. I have done this often and clients have come through former college friends now high-ranking politicians, businesspeople, and professionals in various countries.
Another useful practice is to keep up with business developments in your community, your field of specialization, and economic and political changes where you live. I once learned that one of the biggest companies in the world was moving to my hometown lured by tax incentives. I visited them as soon as they opened for business and offered my services, followed up several times, and when the opportunity came, I provided my services going the extra mile to please them and to develop trust. They do business all over the world and they have been my clients for years now.
I am a firm believer in conferences and I attend plenty of them every year. I go to interpreting and translation conferences all over the world, but unlike many who only attend them to get continuing education credits or to see their friends, I also promote my teaching and training services with fellow colleagues and organizations, and I look for capable newcomers in all languages and from all locations, not to recruit them for an agency and get them to work for peanuts, but to add them to my database I share with my preferred clients when they ask me for a certain language or specialized interpreting service I do not provide. Part of keeping your direct clients happy, and keeping them away from the agencies, is to point them in the right direction so they can directly retain their other interpreters. No agencies involved, and I do not charge a finder’s fee or take a commission from the interpreters’ pay. My benefit is not the few dollars I can make from sharing my interpreter databank with the client (If I needed that little money to make a living I would not be working as an interpreter) my benefit is the deepening of the bond with my client, that trust that makes you indispensable to them.
I also attend non-linguist conferences on subject matters and sectors I work as an interpreter. If you interpret medicine or biology, go to medical, pharmaceutical, biology and dentistry conferences, that is where you will find your direct clients. In my case, going to business, aviation, financial, legal, and sports conferences and trade shows allows me to meet potential direct clients and try my sales pitch.
Writing articles, blog posts, books and manuals helps you reach potential clients. It is also an ice breaker and a useful tool to back up your position or to explain why the clients need you.
A very successful and reliable way to get direct clients is letting potential clients watch you providing your services to another entity, even their competitors. At many times the counterparty at a negotiation table approaches me after the session and asks me if I would work with them; a person attending a conference talks to me about interpreting for a conference they are organizing somewhere else in the world. I cannot tell you how often attorneys from the law firm opposite to the law office I am providing my services for have asked me how I do long consecutive interpretation, tell me that all interpreters they worked with before constantly ask them to stop so they can interpret short segments, and then invite me to discuss a possible collaboration at a later time.
I keep my eyes and ears open all the time, and when the time is appropriate, the opportunity looks good, and the other person is receptive, I offer my services, it does not matter where: a bar, a sports stadium, an airplane, and many other situations.
I use these opportunities to explain what I do and the value of my services. I explain I am not cheap, and when I learn the person has used interpreters, or they tell me their company uses the services of an agency, I explain to them the benefits of retaining me directly, including the money they will save by elimination the middle guy.
Sometimes I work with agencies and I provide my services to international organizations and government agencies in several countries. There are good agencies, for the most part at the top end of the market, who care for quality and pay professional fees. Professional interpreters can work with some of these high-end agencies, international organizations, and government agencies for occasional services after signing a contract. In these situations, the agency that retains an interpreter to do a Nobel Prize winners conference, or the official entity that hires you for a service where you decide whether you accept the assignment or not, are your direct clients. This is a very different situation from an ongoing, several times a week (or month) assignments where the agency sets conditions, orders you not to talk to their client about your services or qualifications, and calls interpreters based on their availability, not individual skills and credentials. This is a direct client model and such practice is unacceptable.
Up to this point, we have covered several means to get direct clients; we will now deal with the most difficult part of working on your own, like a real professional: You need to keep the client.
Keeping a client is very difficult, mainly at the beginning of the professional relationship, but it is an ongoing challenge. You cannot assume a client will stay with you until eternity. Clients are vulnerable to market changes, economic developments, financial crisis, technological developments, legislative amendments, and C-suite changes that set different priorities and new policy. As interpreters we must navigate through these unchartered waters and stay afloat.
Because this is difficult, and time consuming, interpreters should need to evaluate every professional relationship, and assess each client’s value. When the return on your investment is poor or non-existent, drop that client. Keep the best of the best. Develop a strong relationship only with those clients who will benefit you in all (or at least most) of these areas: honesty, reliability, respect, easy access to the top, flexibility, cooperation, professionalism, pay, field of practice, loyalty.
These are your “A-list” clients. You may only have one, maybe there is nobody there yet. That is fine, but do not lower the bar. It means that at this time your best direct clients are “B-list” entities and individuals. Always keep, and fight to keep your “A-listers”, keep your “B-listers” until you have to make room for an “A-list” client, and dump the rest.
To retain “A-listers” you have to keep them happy all the time. This means you have to provide impeccable service and then you have to go the extra mile. Your job with the “A-lister” goes beyond the booth, the law office, or the negotiating table. It includes consulting, providing suggestions, volunteering evaluations, quick research, flexible hours, and priority services. From suggesting the type of interpreters needed, location of the booths, equipment to be used, cultural aspects to be observed or avoided, witness preparation, speaker orientation before a conference, review of printed materials and Power Point slides and translations, to evaluating sound quality of videos to be interpreted, most convenient hotels, restaurants and coffee shops near the venue in a foreign country, and escort interpreting for the principal, sometimes at no extra cost. To keep the “A-list” client you have to be willing and available to travel at the last minute when needed, and to take the four-in-the-morning phone call from the client.
Not all direct clients need (or deserve) that level of attention, but you have to give them something that your competitors, individuals and agencies, will not provide. You need to offer all services mentioned above, but you have to decide what level of intensity to offer as part of your service case-by-case. You now see why you cannot keep all direct clients, but just the best ones. It is time-consuming, you need to gain the client’s trust and loyalty. That is hard.
It is a lot of work, but it is well-paid, not just monetarily (although this is an essential element) but also in freedom, dignity and appreciation. All excellent, reliable interpreters can work exclusively with direct clients, it is a matter of time and effort. It will take some time, but if you are willing to try, start your transition to direct clients now. I now invite you to share with us your suggestions to get and keep direct clients, and please, do not write to defend agencies, they have their own blogs where they constantly praise the benefits of their business model in the interpreting industry.
October 17, 2019 § 18 Comments
The idea to write this piece came almost a year ago when talking to some interpreters I noticed a growing tendency to quickly move the still very young remote simultaneous interpreting (RSI) from the studio to the interpreters’ homes. I conversed with many of my colleagues throughout the world, attended conferences where the topic was discussed, spoke with clients, event organizers, and I also had long, detailed conversations with lawyers and people from insurance companies.
RSI is a true achievement of science and technology, combined with interpreting expertise by some prominent interpreters. Many of its more serious technological issues have been solved, and we are at a point where quality interpreting can be delivered remotely when done as many of my colleagues and I understood it was supposed to be done.
My personal experience, and that of other trusted interpreters, show Interprefy and Kudo (which I have not tried yet) as the most user -friendly platforms, and technology is not the only reason. These platforms were carefully developed with great input from experienced professional interpreters whose comments, suggestions, and opinions were essential to the final product. Unlike others, from the beginning, the people behind these platforms understood RSI was a different way to deliver professional interpreting services; they recognized that quality interpreting can only be delivered when interpreters interpret under the most favorable conditions. Their success depended on getting the best human talent, optimal working conditions, and the best support team. They presented a serious, viable alternative to in-person interpreting by creating RSI studios where interpreters could work in a booth, as a team, and with the required technical support. This was a great idea and positive results came in in both cases. Up to here, everything was on the right path, with perhaps a few wrinkles to be ironed out, and we will talk about them in a moment, but with some of the biggest issues already addressed.
Unfortunately, sometimes greed, overconfidence, or lack of knowledge can cloud even the most successful vision, and it is happening now with these and other platforms: For all, or some, of the reasons above, those in charge of recruiting talent, or organizing events, are encouraging RSI from home. The idea of the studio where interpreters would work as a team sitting side by side in a virtual booth at a facility where technical support would be available has moved aside to leave a prominent place to remote simultaneous interpreting from the interpreters home or office.
I have attended conferences and other events where RSI platforms and agencies are actively recruiting interpreters from countries with emerging economies to provide remote simultaneous interpreting services from their homes. These colleagues are told of the professional and economic personal benefits of working big events, often otherwise inaccessible to them because of geography, by setting up a “studio” in their own house. They hear all they need is a highspeed internet connection, a professional quality microphone and headset, a computer, and two good screens. Sometimes they are told to condition a house room to be soundproof, which they are told, would be easy and inexpensive. These colleagues are offered fees well below those charged by interpreters in developed markets.
The above proposal is enticing and it sounds great to many interpreters all over the world. Some think of a little corner in their house that can be turned into their home studio; others believe that they are good at repairing things, or they know a lot about computers, so setting up their hardware would be a piece of cake. All that may be true, but it is like the worm on the fisherman’s hook, it looks good, but it also brings all kinds of hidden dangers to the individual interpreter. Let me explain:
The first thing interpreters considering RSI need to understand, and this also applies to those who only work at the RSI studio, is this is a new kind of interpretation. It is not conference interpreting, even though they both share many things as far as preparation and rendition. RSI interpreting requires interpreters do extra tasks they need not perform when interpreting a conference in a traditional booth. RSI interpreters must use a keyboard to communicate with each other, the tech support team, and sometimes the person directing the event. They read messages on their screens and hear things in their headsets traditional conference interpreters do not: “get closer to the microphone”, “do not move around that much because the microphone captures the noise and transmits it to the audience”, “we will run a sound test during the break”, are some instructions RSI interpreters will hear during an event while they are interpreting. They will also have to answer questions from technical support, the person directing/coordinating the event, and other interpreters from different booths, by typing messages while interpreting. RSI interpreting requires interpreters perform more tasks than those they perform when working a conference in a traditional booth. This is doable; interpreters can practice and accomplish these tasks, but the bottom line is that, compared to traditional conference interpreting, these interpreters are asked to do more work. We all would agree that more work = higher pay.
Contrary to interpreting agencies’ talking points, RSI interpreters should be paid more than their counterparts working in person. Agencies and organizers are getting their savings from avoiding travel expenses and setting up equipment at the venue. Interpreters should get paid according to the work they do.
Another issue of great concern to interpreters, not so much to agencies and event organizers, is the risk of acoustic shock. As many of you know, acoustic shock disorder (ASD) is an involuntary response to a sound perceived as traumatic (usually a sudden, unexpected loud sound heard near the ear), which causes a specific and consistent pattern of neurophysiological and psychological symptoms. These include aural pain/fullness, tinnitus, hyperacusis, muffled hearing, vertigo and other unusual symptoms such as numbness or burning sensations around the ear. Typically, people describe acoustic shock as feeling like they have been stabbed or electrocuted in the ear. If symptoms persist, a range of emotional reactions including post-traumatic stress disorder (PTSD), anxiety, and depression can develop. (http://www.hyperacusis.net/other-factors/acoustic-shock-disorder/)
We are talking about losing our hearing! This is a career-end risk that interpreters are not told when offered a job to deliver RSI from home. The dangers of this happening to any of us should not be taken lightly, but when working from an RSI studio, we can demand the best conditions to prevent an event that causes these incidents, and to minimize the impact of the event if it happens. All interpreters should discuss this risk with their clients, and demand the proper infrastructure and hardware to prevent a tragedy, including appropriate headsets for those colleagues without their own. This situation could happen when interpreting at the RSI studio, it could even happen during a traditional conference interpreting assignment, but the risk will be much smaller because the service would be provided in a controlled environment with the appropriate equipment. When working from home, interpreters have no control over these dangers: power supply fluctuations, solar flares, weather-related factors such as electric storms, satellite trouble, internet or telephone system failure, are all risk factors interpreters are exposed to when working at home. Remember: this can be a career-ending event, or at the least a very expensive medical treatment, coupled with loss of income due to a long period of interpreting inactivity due to poor hearing. Interpreters need to make sure these issues are discussed with their clients and covered in the professional services contract.
There are many other concerns derived from RSI interpreting at home: Interpreters are professionals and they are expected to do their job: Interpreting, researching the subject of the conference, adapting their delivery to cultural considerations to make communication happen between those who do not share a common language. They are also expected to prevent and solve language-related problems that may come up during their rendition. They are neither equipped, nor expected, to deal with technical difficulties or problems derived from the installation or performance of the interpreting equipment, sound system, or any other non-linguistic or cultural issue. Interpreters are not mechanics, electricians, sound engineers, telephone repairmen, software engineers, or IT experts. Even those who claim to be “amateur experts” do not have to be so. These services are needed to deliver interpreting services, but they are not provided by the interpreting team.
Because technology is so important in RSI, and because interpreters have limitations, the only way to guarantee (to a high degree) a successful event is by delivering the interpretation from an RSI studio where interpreters wit side by side and work as a team, and technical support is on site.
There are other considerations that are as important as the ones so far expressed in this section, that cannot be satisfied to professional quality when interpreting takes place in a house, office or apartment. Interpreters do not have all needed equipment, and even if they think they do, it will probably be outdated. Technology changes so quickly that it would be practically impossible and unrealistic to expect interpreters to keep up with the latest products, and then acquire them at their own expense, and properly install them to be used at the next home RSI event. At home, interpreters are alone, there is no technical support, other than a guy a the other end of the phone line, trying to explain to a lay person how to troubleshoot, diagnose and repair a technical issue while the event is in progress, and the other interpreter takes over the rendition for an uncertain period, with all its unwanted consequences due to mental fatigue and additional stress, until the problem is corrected or the event has to be cancelled.
When working from home, interpreters do not have a boothmate next to them. There is no support/passive interpreter assisting with research, writing down figures, and so on; in fact, to communicate with each other, they must type a message while interpreting, adding another layer to the very complex task of simultaneous interpreting. There is also the possibility of having technical difficulties that may keep an interpreter from taking over when their turn comes up, leaving the original interpreter on the mike for potentially hours. There are also the mental and biological considerations. Because RSI happens worldwide, one interpreter could be working from her home in Tijuana, Mexico while the other could be in Fukuoka, Japan; a difference of 18 hours. One interpreter could be fresh and energetic while the other could be tired and fatigued because she would be working during the night. This differs from traditional interpreting when we travel to the venue and get used to the time change before the rendition. With RSI from home, one interpreter could be sound asleep and then interpreting a complex scientific conference 30 minutes later. This is bad for the well-rested interpreter counting on the exhausted interpreter; it is unfair to the interpreter who just woke up because she is now working during the night after working all day the day before; and it is bad for the client as the rendition will suffer.
One danger from RSI at home concerns national infrastructure. I see agencies and promoters recruiting interpreters all over the world; I have seen them selling the job to colleagues who work with less common language combinations, a very desirable resource to these agencies, but live in countries where the technology and infrastructure may not be at the level needed for a successful RSI job. Power outages are an everyday event in many countries; this would kill an event, or at least, leave one interpreter working solo because the other one will have no way to continue. Outdated telephone systems, sub-pair internet speed, unreliable infrastructure such as poor satellite coverage or cellular phone towers will also kill the event, or at the least deliver a low-quality rendition for causes with nothing to do with the interpreters’ performance.
Living conditions can be a real problem. A dog barking, a neighbor mowing the lawn, kids playing next door, or ambulance sirens from a nearby hospital could diminish the quality of the service. Unlike an RSI studio, a “sound-proof” home studio by an interpreter is not a professional studio.
Now let’s talk liability. Does the RSI home interpreter’s professional insurance policy cover RSI from home? Until today, I have seen no policy that covers such service; interpreter professional liability insurance policies do not even cover RSI at the studio. Period. The thing is, until there is clear coverage of this professional service, interpreters can argue that RSI at the studio can be equated to conference interpreting from the booth. Also, just like at the convention center, interpreting from the RSI studio falls under the agency’s or organizer’s liability, not the interpreters’.
This is a real issue and we need to talk to the insurance companies to make sure there is a policy that covers these new modes of interpreting. The premium will be higher, and we need to be ready for that by factoring in the new cost into what we charge for providing our services.
A lawsuit could put you out of business for good, and losing in court because of a power outage , a poor telephone service, slow internet, or a noisy neighbor, while the agency/organizer who transferred this liability to you by getting you to work from home, stays in business would be an injustice.
This problem does not go away, even when interpreting from a different country, half world away from the event. Some countries’ legislation allows the injured party (client) to sue you regardless of where you are from, where you live, or where you provided the service from. The United States is one of these countries. It is a matter of jurisdiction.
The law allows for long arm jurisdiction, so a court, let’s say in the United States, can admit a lawsuit against individuals or corporations not physically within the United States, as long as there is a connection to the country, such as the client, the venue, the agent/organizer, equipment manufacturer, etc. (Becerra Javier. Dictionary of United States Legal Terminology. English-Spanish. Escuela Libre de Derecho 2008). All that is needed is the commission of a tortious act within the United States or affecting an individual, organization, or corporation from or doing business in the United States (International Shoe Co. v State of Washington. 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95) These are some reasons why the United States can create a trade embargo against foreign nations. In the past, even when the parties had no apparent link to the United States, American courts have taken jurisdiction because of certain nexus to the country. Even if you are at home in South America interpreting a conference in Africa for a European client, if you used Microsoft, Apple, Google, IBM, INTEL, an American telecommunications satellite, etc., a judge could admit a lawsuit against you for professional malpractice or negligence due to a defective internet connection or outdated hardware at your house.
The United States follows a contributory negligence system, so even if the agency/promoter is sued, you could be sued as well for contributing to the problem by such things as providing this service from home without knowing about computers, remote interpreting, sound, the condition of your home electrical outlets, the last time you backed up your system, etcetera. Having professional liability insurance coverage that works in the United States will help, because even if sued, the policy will protect you to your liability limit. These are issues that must be discussed with insurance companies, and I believe that until there is a policy that clearly covers these legal situations, I would close the home office and go back to RSI from the studio. I have talked to several tort, malpractice attorneys and insurance company lawyers and they are all catching up. As of now, insurers’ efforts are focusing on how to deny you coverage under current insurance policies.
I understand there is much to be said and researched, including how long is the arm of the law, but for now, and until we know what we professionally, medically, and legally face, I believe the success and full acceptance of RSI in our corporate, academic, diplomatic, and governmental worlds should be handled with caution. This includes going back to RSI at the studio as it was once welcomed and cheered by so many of us. I for one, as an experienced professional interpreter, and as a lawyer, will limit my RSI practice to the studio with a real partner next to me. I will also continue to educate my clients and colleagues on the dangers of working from home, and will talk to many more lawyers and insurance companies about the lack of coverage. That will give interpreters peace of mind. I hope the prestigious platforms follow and those greedy agencies/organizers understand the enormous risk they are taking by continuing to foster home-based RSI. Please let me know your thoughts on this so dangerous risk many of our colleagues are taking without even thinking about it.
September 23, 2019 § 12 Comments
Today I will not write about a new topic. My post deals with something we have heard for years, and has been brought up to me in various ways recently. During the last few months I have seen interpreting agency websites that claim they only use certified court interpreters to interpret during their conferences. I heard a colleague proudly say in a professional conference for interpreters and translators he always “recommends federally certified court interpreters (in the U.S.)” when hired to interpret in the booth; and I recently had dinner with some colleagues who looked surprised when I told them that retaining certified court interpreters to work in a conference was a bad idea.
This article is not an attack on court interpreting. It is not written against conference interpreters either. I know both disciplines. During my career I have practiced them both. They are complex, demanding professional services that require preparation, skill, and talent. It is difficult to be a court or a conference interpreter, but they are two very different disciplines which require of a competent practitioner, and most of the time, that individual is not the same person. Let me explain:
Conference interpreting is conveying a message spoken in a language into another. It is practiced at international summits, professional seminars, congresses and meetings, bilateral or multilateral meetings of corporate executives, heads of state and government, and meetings between chief executives and labor union representatives (aiic.net April 23, 2012)
Conference interpreters must have a good mind, a complete mastery of their working languages, including an excellent command of their native language. They need an immediate grasp of their passive languages, and a well-developed capacity to express themselves in their own language. To achieve this, they need a good level of general education, a lively and flexible intellect, analytic capacity, the ability to put themselves in the minds of those for whom they are interpreting, and they need to concentrate, have good memory, a pleasant voice and good diction, physically and mentally robust, and able to interpret for a massive audience. (https://aiic.net/page/4003/conference-interpreting-is-the-interpretation-of-a-conference/lang/1)
Court interpreting, on the other hand, is the oral transmission of information by lawyers, judges, litigants, and witnesses from a source language into a target language for a legal proceeding inside and outside a court setting. Court interpreters must be fluent in more than one language, and they need to know of legal terminology and procedure.
A court interpreter interprets in a court proceeding such as arraignments, motions, preliminary hearings, pre-trial conferences, depositions, trials, and sentencing hearings. They also interpret outside the court at attorneys’ offices, detention centers, and prisons. They must completely and accurately interpret for individuals with a high level of education and for persons with very limited language skills without changing register, altering, omitting, or adding anything to what is stated, and without explanation. They need interpersonal skills as they work next to their clients, a good level of public speaking, endurance, concentration, and acute sense of hearing, and the ability to remain neutral, and control and hide their personal emotions regardless of the controversy and the facts of the case. (https://courts.michigan.gov/Administration/SCAO/OfficesPrograms/Documents/access/FAQs.pdf)
Court interpreting has very special characteristics that set it apart not just from conference interpreting, but from all other types of community interpreting such as healthcare, public assistance, school, etc.
Court interpreters must interpret everything said in a hearing, the rendition must be complete; summarizing, omitting speech defects such as false starts, stuttering, and utterances is not allowed. They must maintain the speakers register, which fluctuates from formal and legal when interpreting what attorneys and judges say, to scientific and technical, when interpreting expert testimony, to crude, vulgar speech, idiomatic expressions, and criminal lingo such as gang or drug dealer talk. Generally, they work under adverse conditions without a booth, in crowded and noisy settings, and without a partner. Unless they interpret for a trial, most of their assignments are less than two hours, but they work several assignments in a day with no consideration for the vocal cords. These interpreters’ goal is to interpret everything for the record in case there is an appeal later on, and to provide judges, jurors, and attorneys, all linguistic elements needed to assess the credibility of a witness or a party to the controversy so they can reach a verdict or decision.
Court interpreters cannot explain what they are interpreting. When working for the courts, they must be neutral at all times, and leave all explaining to the legal professionals. Because they are responsible for a complete and accurate rendition, they must correct any errors or mistakes as soon as they realize they incurred on them. Their loyalty is to the record of the proceedings.
Finally, because of the unique nature of their field, court interpreters are officers of the court, they must be certified, they work under oath, and they are covered by the client-attorney privilege which is a higher level of protected confidentiality than any ethical or professional duty conference interpreters abide by.
Conference interpreters serve a different purpose. They interpret so the parties can communicate when they do not have a common language, and because their main objective is that the parties understand each other, their rendition must be coherent, clear, pleasant, rendered at a good pace. They must convey the message which they must understand first, and then transform, reorganize, and render so it is proper of the target language with the right syntax and equivalent expressions. To transmit the main message, conference interpreters need not interpret everything a speaker says, only the relevant portions of the speech. If needed, conference interpreters can summarize, avoid the obvious and redundant, put what is being said in context so it can be better understood by the audience, even if this means the interpreter has to add a reference or short explanation in the target language. Unlike, court interpreters, conference interpreters correct mistakes at the first opportunity it is reasonable to do so, even if several minutes go by, and they can use their rendition to correct mistakes and clarify concepts. Conference interpreters work in teams of 2 or 3, they rarely meet their audience face to face as they perform their services from a booth usually, and their work takes place under a controlled environment with clear sound and few distractions. Conference interpreters work multi-day assignments and must travel often during the year. Unless they are placed under oath due to the nature of the event to be interpreted or for security reasons, they need not work under oath all the time.
There are differences on the way the services are performed:
Conference interpreters work from a soundproof booth most of the time; they hear the speaker through a headset, and their work is mostly rendered in the simultaneous mode. Because the goal is that the foreign speaking audience understand the message, interpreters practice decalage (the length of time between the start of the speech and the beginning of the interpretation) A longer decalage allows for higher accuracy because the interpreter gets more context before interpreting. It also allows for a better paced, clear, pleasant rendition the audience will enjoy and understand.
Court interpreters need to interpret at a speed higher than conference interpreters because they must interpret everything, as it all must go on the record. There is little to no decalage in court interpreting as the simultaneous rendition usually involves more than one speaker. To avoid foreign language speakers get lost, interpreters have to stay as close to the speaker as possible, so the audience sees who is the person being interpreted at that specific time. For example, for the foreign language speakers to understand the rendition during an objection by one attorney, the interpreter has to finish the first speakers’ speech almost with the speaker, and then immediately interpret the objection by the other party. The jurors also should see the reactions of foreign language speakers to what is being said in court. Interpreters need to stay very close to the speaker they are interpreting. Obviously, sometimes this gives interpreters no time to process and put in context what was said, and it is usually very difficult to understand even a good rendition because of the speed of the interpretation. Completeness for the record and not a pleasant paced rendition is what interpreters are looking for.
There is little consecutive interpreting in conference settings. It is usually reserved for official dinners, press conferences, or tours of infrastructure such as industrial plants, military facilities, and others; When there is consecutive interpretation it is long consecutive. Speakers talk for several minutes nonstop, sometimes for up to 20-30 minutes; interpreters concentrate, apply their memory skills, visualization, and take notes. Once the speaker stops, interpreters take a moment to organize their ideas, go to the beginning of their notes, and start their rendition observing the appropriate grammar and syntax of the target language. Once the interpreter finishes the interpretation, the speaker continues his talk, and so it goes until the end of the event. This consecutive interpretation requires of great skill, practice, concentration, and the interpreters’ attitude to be on the spot.
Court interpreters use consecutive interpreting every day, but they practice short consecutive. This mode of court interpreting is used for all dialogues between individuals who do not share a common language. They renditions into the target language have to be on the record. Short consecutive is used when interpreting witnesses’ testimony and questions to the foreign language speaker by the court. Consecutive interpretation in court is often complicated by the difference between the educated speech of attorneys and judges, and the popular, uneducated speech used by many parties and lay witnesses. Interpreters rely mostly on their memory for this rendition, they can ask for repetitions and clarifications from attorneys and parties, and they must start their rendition almost immediately after the question was asked, because their interpretation of the answer by a witness or defendant has to be contemporaneous to the witnesses body language, facial expressions, and other reactions so jurors can take them in as one and better assess the credibility of the person testifying from the witness stand. Unlike conference interpreters, court interpreters start their consecutive rendition while they are still looking for the beginning of their notes (usually one or two pages at the most). Court interpreters’ consecutive interpretation faces another problem: unlike conference interpreters, who interpret for an individual eager to convey his message at the press conference, court interpreters have to interpret consecutively evasive answers, half-truths, utterances, and false starts, often unresponsive. In these settings, many witnesses are testifying against their will, and they try to hide their involvement, or they try to exaggerate or downplay the facts so it is more beneficial to their personal interests.
Sight translation happens in a conference setting rarely; it is usually in a written speech interpreters get ahead of time. Many colleagues do a simultaneous rendition while following along if the speaker deviates, as it frequently happens, from the written statement.
Court interpreters practice sight translation more often. It usually involves documents interpreters never see before the hearing, generally police reports, criminal complaints, indictments, and plea agreements. It is common to see interpreters requesting a recess to look at more complex documents they were just handed in open court without prior notice.
As you can see, these are two very different disciplines, both require of specialists who can do the job, but that court interpreters are certified to work in court means they have passed a rigorous exam that tested their skills as described above, not their knowledge and skills as conference interpreters.
Court interpreters are not lesser interpreters by any means, but their skill is not appropriate for a conference setting. Many colleagues and clients complain of events interpreted by certified court interpreters who spoke very fast, interpreted every single noise that came from the speaker’s mouth, and constantly interrupted a speaker during a consecutive rendition because they are used to a 2 to 3-minute segment before consecutively interpreting it.
There are many interpreters who successfully transitioned from court to conference, and even some who practice both disciplines. The difference is they understood the difference between the booth and the courtroom and acquired the needed knowledge and skills.
Just as it would be disastrous to assign a conference interpreter to do a trial, it is appalling that agencies and court interpreter colleagues accept conference assignments because they believe they are ready for them. Unfortunately, agencies seek these court interpreters because they are paid less money than their conference counterparts, agree to work alone, do not demand preparation materials, and gladly work from a table top or sitting behind a table using portable equipment.
I invite all my conference interpreter colleagues, in places like the United States where we see this situation all the time, to sit down with their clients and explain these differences between court and conference work, and I ask all my court interpreter friends to please understand these are two disciplines. Those who want to cross over to conference work need to do it right, commit to study and practice until they can honestly call themselves conference interpreters. I now invite you to share with us your thoughts on this subject.
August 6, 2019 § 3 Comments
Getting a college degree is no minor accomplishment, but in most countries, you need a certification, license, or patent to practice your profession. Interpreting is no different.
Unfortunately, a degree and a certification do not guarantee you anything. We live in a globalized society where only the best will reach success. Interpreters work with languages and human knowledge, both characterized by their constant, eternal change. Modernity brings changes in science and technology, and globalization makes all interpreters your competitors, regardless of their location. Continuing education is as essential to interpreters as the air they breathe.
Continuing education costs money, and interpreters need to spend time studying instead of earning a living. When faced with the need to continue our professional education to survive in a market economy, we have to be very careful as to how we spend that hard-earned money. At this point in their careers, interpreters have spent large amounts in their education: College and certifications were not cheap, and now it is time to decide how we will invest our financial resources, and our time, to further our professional development.
Continuing education is an interpreter’s need, but it is also a business. We will now look into some options out there, describe what we need, and provide a profile of fraudulent and poor-quality programs that exist.
The first question to ask ourselves is: What do we need when we seek continuing education? We need to keep a certification or license current; we need to pass an exam, we need to get certified, or we just need to learn and improve to succeed.
To achieve these goals, we need to seek education in five fields:
2. Our specialty area
We also need to stay up to date on current events and accumulate general knowledge.
There are several ways to get the education we need on these areas:
By entering a structured education program in a college or other higher learning institution to get a post-graduate degree; by attending summer courses for those who cannot be full-time students. There are also one- and two-week diploma/certificate programs, weekend workshops and presentations by professional associations, universities and colleges, agencies, the government, and well-known professional interpreters who teach.
There are also international, national, regional, and specialized conferences by professional associations.
Webinars by professional associations, universities, and professional interpreters are another source of education (ATA, IAPTI, eCPD, and others) and individual mentorship or internship programs with experienced interpreters as mentors.
Some colleges, professional associations, and experienced interpreters offer a virtual classroom experience, and this is where we see a higher risk to end up with a poor-quality workshop by an unknown interpreter turned instructors. Although some of these programs may offer continuing education credits, they are of little use in a professional life.
Because of the blog, many friends and colleagues contact me to let me know of workshops, seminars, and courses they regret taking. Most include at least one of these characteristics: The instructor is an unknown interpreter considered a “local hero” where he works and lives. These people have secured a local market as “instructors” because they have been around for a long time, or due to their impeccable social skills that have positioned them within a sphere of influence of judges, court administrators, school principals, and others. The classes are held at a person’s home or office, without a proper learning environment and with very few resources. Sometimes the instructor has her children at the venue, and occasionally, the workshop takes place at the same location where other activities are happening, such as a community theater, religious activities, or sporting events. At these courses enrollment is way less expensive than at legitimate programs.
Often a workshop could cost as little as an admission to the movies. Maybe these so-called “continuing education” programs are offered overseas in a resort, and they are handled as destination events or a family vacation instead of a professional event. I suggest you think long and hard before enrolling on a professional program run by a travel agency, or a workshop advertised in a brochure that describes tours, beach activities, and similar options side by side to a professional schedule. Finally, these workshops are often advertised in tacky signs, unprofessional poster boards, and online adds that are misspelled or improperly written.
Because we are in a very competitive market in a globalized economy that pushes us towards continuing education to survive and then excel, you must take care of your time and finances. Do your homework when going for a Master’s Degree or to attend a workshop to pass a certification test. Always select a program that covers the subjects you want to study, and use common sense when selecting a service provider. Trusted colleges, recognized professional associations, well-known experienced interpreters will offer programs that make sense, are useful, and unfortunately, are expensive. When a class it taught by an unknown, the instructor credentials are questionable, the course takes place in a factory cafeteria or the basement of a church, and the course is cheaper than others, look the other way and avoid the workshop, even if it offers continuing education credits.
Study every day on your own, and try to attend workshops, courses and seminars that will cover the five fields above: interpreting, your specialty area, ethics, technology, and business. Attending reputable professional conferences at least once a year may let you cross off your list two or more of them. Remember, look at the program and mistrust conferences that publish the program at the last minute.
Often a local conference may offer what you need. Sometimes you need not travel long distances to get your continuing education. I now ask you for your comments and experiences with good and not-so-good continuing education programs.
June 25, 2019 § 4 Comments
It has been almost a month since we first learned that our colleague Shin Hye-Yong, who interpreted for the Democratic People’s Republic of Korea (North Korea) Supreme Leader Kim Jung Un at the Hanoi summit with United States President Donald Trump was apparently detained at a political prison camp charged with undermining the Leader’s authority. This has been called “a critical interpreting mistake” by some in North Korea.
It has been widely reported by reputable press publications in Asia, Europe, and the United States, that the interpreter was blamed for president Trump’s walking away from the negotiating table when apparently the North Korean leader was “ready to continue the negotiations” and uttered in Korean: “Wait! Wait!” Or something similar that his interpreter did not convey in English before the American delegation exited the room. According to the media, Kim Jung Un ordered her detained and sent to a labor camp where she is currently undergoing reeducation and reflecting on her loyalty to the supreme leader of North Korea. Of course, we all know that in the civilized world, an error, if one really was really committed, has consequences that can go from a reprimand to a demotion, or firing, but never to hard labor or incarceration.
It was also reported by South Korean newspaper Chosun IIbo and others that Kim Hyon Chol, North Korea’s special envoy to the United States for nuclear negotiations was executed immediately after the summit. Although this turned out to be false, and Kim Hyon Chol is alive, he has been demoted from his pre-summit position, apparently he spends several hours a day writing essays and reflecting on his loyalty to the supreme leader. Nothing has been reported or leaked about the situation of our colleague Shin Hye-yong or their family.
It is not clear if Kim Jung Un really said these words, and if he did, it was loud enough for the interpreter to hear them, or he spoke under his breath. It is also possible that the interpreter rendered the words in English so low that Trump did not hear them, that she interpreted after the Americans had left the room, or that Trump heard her and ignored her.
I learned of this atrocity against a fellow-interpreter, and against our profession really, while at a conference attended by many colleagues, some of them diplomatic interpreters who have worked with heads of state from many countries. I immediately thought our governments would speak up against these horrible allegations but I also understood governments need to act calmly and wait until there is more information, even when dealing with a black hole of information like North Korea. I also expected our professional associations, those who represent thousands of interpreters and translators throughout the world to raise their voice in support for Shin Hye-yong and in protest for what was done to her and to the profession at large.
I expected those who represent us to react immediately, condemning the allegations and declaring them, if true, unacceptable. The International Association of Professional Translators and Interpreters (IAPTI) proving once again it truly stands shoulder to shoulder with all interpreters and translators, issued a letter condemning the allegations right away. The International Association of Conference Interpreters (AIIC) mentioned the incident on social media, and several colleagues, individually, have shared their total rejection to what happened in North Korea. Most associations, including the bigger, wealthier organizations with the most members have timidly remained silent. Some of them have reacted like news agencies and have called to corroboration before issuing any statement, even when practically all major publications in the world already talked about this. Others, have argued it is better to remain quiet for now out of fear that a communication condemning these actions against Shin Hye-yong could make her situation worse.
I guess these groups think a protest from a translators and interpreters association will motivate a ruthless dictator to punish an individual more harshly than everything already published by the likes of The Guardian, New York Times, Washington Post, Asahi Shinbun, Chicago Tribune, etc.; like Kim Jung Un keeps an eye on our opinions.
These professional associations completely missed the point: a letter from a professional association will not sway a dictator more than public opinion or world-reputable newspapers; the letters are for us. The purpose of issuing a formal protest by any of them is to show their members, and the profession at large, that in times of crisis, darkness, fear and despair, they are with us, they feel our pain, they have our back. It is for us, thousands of interpreters and translators to feel the associations are protecting the profession, to the point of not accepting anything that hurts what we do, even if they are just allegations. Kim Jung Un will never read these letters nor learn of their contents, but Shin Hye-yong, and her family, might. Perhaps she will hear about the letter from IAPTI in that horrible place where she is being held. Knowing her fellow interpreters throughout the world are aware of what happened to her, they are saddened and they are showing their disapproval will make her feel less alone, hopeless, and isolated where she is.
This was a hot topic for discussion and rage among all of us at the conference; opinions against the North Korean regime’s decision to incarcerate the interpreter, and concern for the recent and constant attacks on the diplomatic interpreting profession were voiced everywhere. There was a comment that stayed with me. I asked a top-level interpreter who works with presidents and other world leaders if she thought interpreter and translator professional associations should speak up and condemn the actions of the North Korean government against the interpreter, even if they had not been confirmed. Her answer was: “What would you want your peers to do if you were in her shoes?” I answered without hesitation: “I would want my colleagues and my professional associations to raise their voice in support of the profession and to defend me”. She told me she would want the same if this happened to her. Next, I asked the same question to as many colleagues as I could, and all of them told me the same. Nobody told me they wanted for the interpreting world to wait for a corroborating source. There was not a single interpreter who bought the argument that speaking up would make things worse for her.
Dear colleagues, our profession, especially diplomatic interpreting, is under attack in many places, from the United States Congress politically motivated posturing demanding interpreter’s notes and threatening a subpoena, to the president of Mexico using his secretary of foreign affairs as interpreter instead of a professional, to the disaster in North Korea.
This is not the first incident involving a North Korean interpreters: It is not clear why Kim Jung Un replaced the experienced interpreter who accompanied him to the first Trump meeting in Singapore with our now ill-fated colleague Sin Hye-yong; we saw the fear in an interpreter’s eyes when in front of the TV cameras Kim Jung Un dropped something and the interpreter took a professional athlete’s dive to catch it before it hit the ground; and we all saw the embarrassing incident with the Vietnamese interpreter who dashed from the helicopter down the red carpet to get to the dictator before he uttered a word to the Vietnamese officials welcoming him to Hanoi.
Professional associations do not need to wait for corroborating sources to protest such serious allegations. They can protest the allegation and condemn it if “it turns out to be true”. Professional associations need to speak up; it is not their job to keep dictators happy, their job is to protect their members and the profession. Last century, world leaders sat on their hands as Hitler invaded Poland, they did not want to upset him, and we all know what happened. Professional Associations are always bragging about “everything they offer” to their members. It is time they offer them solidarity and support. I now invite you to share your opinion on this extremely important issue.
June 12, 2019 § 11 Comments
Think of a colleague, anywhere in the United States, who is battling a devastating illness and cannot get the treatment she needs because she has no health insurance, and medical expenses are so high she cannot cover them. I am sure you know an interpreter who has tried to get a job because he is worried about retirement years from now, but cannot get one because nobody is hiring. Language service providers want independent contractors because they have no legal obligation to provide employment benefits: health insurance, retirement plan, paid holidays and vacation, maternity leave, worker’s compensation insurance. If you prefer, look very carefully at your interpreter colleagues who have a sick parent, a disabled child, or another powerful reason to stay where they now live, and for that reason, they have to interpret for the agencies in town (local and multinational) and they do it in silence because they are afraid of losing these assignments, even when they are poorly paid, and they have to endure terrible, and sometimes humiliating working conditions.
Of course, you can always look at your own practice; I invite you to do so and honestly answer these questions: Do you enjoy having to check in and out with the agency every time you do an assignment? do you feel comfortable asking the person you just interpreted for to write down the hours you interpreted and to sign the form so you get paid by the agency? Do you find amusing having to spend hours on the phone and writing emails so you can get paid for a last-minute canceled assignment the agency does not want to pay? Maybe some of you like staying at the venue after interpreting is over because the agency makes you stay for the full time they retained you, even though all your work is done. Perhaps your definition of professional services includes cleaning up files or making photocopies until your time is up. Do you like it when the agency prints you business cards under their name and forces you to give them to the client? Do you like dodging all clients’ interpreting services questions by referring them to the agency every time? How about micromanaging your time on the assignment?
I doubt you enjoy any of these things, but even if you do, please understand that these intermediaries are taking advantage of you. They are forcing you to perform as an employee without paying you any benefits. Agencies distract you by telling you what a wonderful lifestyle you have, how flexible your schedule is, and everything thanks to them, your benefactors who find you work while you do not even lift a finger.
This is what the California State Legislature is trying to stop by forcing those employers who treat their “independent contractors” as employees to provide all benefits and protections people who do what these interpreters do for the agencies are legally entitled to. Think like an interpreter, stand up for your colleagues and the profession. Do not buy the arguments agencies are propagating. They do not see this legislation from the interpreters’ perspective. They see it from their business perspective.
For a long time, agencies have enjoyed this cozy business model that lets them charge their client for your service, pay you a part of it, and get you to do anything they want without incurring in any human resource expenses. It is a win-win situation for them. It is an abusive scheme for the interpreter.
Big multinational agencies are campaigning hard to defeat these legal protections not because they will “destroy the industry” as they put it, but because they will lose their golden egg goose. There will be no more freebies. They come at you with their lobbyists and make you believe they are on your side, they portray themselves as your savior and use scare tactics to make you think there will be no work for you if they are forced to lower their profits by living up to their legal and moral obligations to the interpreters.
Freelancing is not going to end after the bill becomes the law of the land in California or anywhere else. I am a freelance interpreter and I am not afraid. I do not work with these agencies, big or small, who now claim they are on a quest to save us all. New legislation or status quo will not impact my practice, and it will not impact that of most colleagues I work on a daily basis; however, leaving things as they are, giving back these agencies a position of power over the interpreters who work for them, will keep our less fortunate colleagues in the same deplorable conditions they have been working for all these years. This is a decisive moment. Multinational agencies and their lobby know it. They will fight the State of California with everything they have because they know the Golden State is a place where they can be unmasked and lose their privileges. Interpreters have organized labor backing their efforts because there are unions and guilds in California. Other States do not have them. The middleman knows that California is a decisive battlefield and they are spending money and sending their PR people to “convince” interpreters that defeating this legislation is best.
They argue they will not be able to hire interpreters because it would be too expensive. That many agencies will not survive and interpreters will lose a source of work. That is the point. The bill will only be successful when this serf-owner business model is erased. Will interpreters be more expensive because of the labor benefits? Yes. Interpreters deserve these protections. Agencies will either close or adjust their business models to comply with the legislation. Will agencies hire less interpreters? Of course, but the need for interpreters will not go away. There will be many more interpreters hired directly by clients. Is this going to hurt small agencies? It should. Small agencies should not exist in this business model because the essential condition for their survival is the denial of workers’ rights under the law.
Complaints that the legislation has exempted other professions like physicians and attorneys, but not interpreters are nonsense. Doctors and lawyers are well-established professions. Nobody would ever think of calling a “medical agency” and ask for a brain surgeon for tomorrow at 8:00am. If we want to be treated like these professions, we need to look like them. First step: get rid of the middleman. I know, some will say: “but…hairdressers are excluded and they are not a profession like doctors and lawyers” That is true and it is wrong. They should be covered by the legislation. The difference is: They got a better lobbyist and got their sorry exception in detriment of the people providing beauty services.
What about the argument that smaller agencies will not be able to stay in business because they will not afford it? In my opinion, these so-called agencies are not really agencies; most of them are a solo operation where somebody with connections acts as a referral service. I find this dangerous because these “agencies” just want a warm body with the right language combination for the assignment. I do not get the impression that messages on social media that read: “need French interpreter tomorrow at 2 pm” project exemplary quality control. Moreover, these people are not an agency, they should think and act like professionals and do what I do, and many of my colleagues do (all doctors and layers do the same thing): When your client asks for interpreters in a language combination different from mine, I just suggest a list of trusted experienced professional friends I am willing to vouch for, and let my client decide who he will retain and for what fee. I do not get involved, I do not get referral fees.
Finally, to the argument the ABC test is impossible to overcome: This is false. It can easily be overcome by a real independent contractor relationship. That is the point. If any agency could disguise a de-facto employee as an independent contractor the law would be pointless.
I understand what multinational agencies, their lobbyists, small agencies, and those solo practitioners who call themselves an agency without actually being one are doing. They are defending their very lucrative status quo. They have a right to fight for it and save their “industry”. As always, my concern are the interpreters and the profession, and from this perspective, I see the new California legislation as a step forward to our professionalization because, on top of protecting our colleagues in need, it will weaken the agency model, a necessary condition to become a true profession worthy of a place in the pantheon of professions. This is the time to listen to our colleagues and defend our profession, not the middleman interests.