What is the appropriate consecutive rendition from the witness stand?

November 15, 2016 § 7 Comments

Dear Colleagues:

Court interpreting is a complex task that requires of all main modes of interpretation: simultaneous, sight translation, and consecutive.  There seems to be a consensus among court interpreters as to when simultaneous interpreting and sight translation are required during a judicial proceeding. I am afraid that we cannot say the same about a consecutive rendition.

Consecutive interpreting is convenient, and for that reason, widely used during client-attorney interviews at the law office, detention center or courthouse. It is also the mode most attorneys use to prepare their witnesses for the stand.  Even those attorneys and interpreters who favor simultaneous interpretation partially use the consecutive rendition. It is common to have a situation where the interpreters simultaneously interpret the attorney’s questions or remarks to the client or witness while resorting to the consecutive mode for the answers.

For reasons we will not discuss on this post, many courthouses have adopted this system for direct and cross-examination of foreign language-speaking witnesses during a trial. They employ the services of two court interpreters: One interpreter, located away from the witness stand, sometimes in a booth, others at a dedicated table in the courtroom, simultaneously interprets the questions for the witness who gets the rendition via a receiver and an earpiece. The other interpreter, sitting or standing next to the witness stand, waits for the foreign language-speaking witness to answer the question aloud in his or her native language, and then interprets said answer consecutively. Some have proposed that both, question and answer be interpreted simultaneously from a booth using standard interpreting equipment, with the jury, judge, attorneys, and others listening to the answers through a receiver and an earpiece, the same way a question and answer session is conducted in a conference setting. So far, I have not seen this anywhere, and later we will address what I believe are the reasons why this has not been attempted.

Therefore, most courtrooms use consecutive interpreting at least for the answers given by the witness, defendant, victim, or expert, from the witness stand. The controversy arises at the time of deciding what kind of consecutive interpretation is best suited for a trial.

We all know that there are two main types of consecutive interpreting: long consecutive, used in conference settings, press conferences, diplomatic and ceremonial acts, and others; and short consecutive, generally considered as the rendition of choice for court proceedings. Recently healthcare interpreters have entered the professional stage as a major presence; they generally use an even shorter form of consecutive interpreting than the one chosen by many court interpreters.

Dear friends and colleagues, I constantly travel for professional reasons, and my trips take me to places where I have a chance to meet and talk to local interpreters who share their concerns, ideas, and experiences with me. This, together with my own experience as a court interpreter for many years, and what I have observed in courtrooms of several nations, made me realize that there are two distinct schools of thought: Some of our colleagues believe that interpreters should use long consecutive from the stand, and others think that short consecutive is more appropriate.

Let’s see:

We call long consecutive the interpretation of a segment of a speech in the source language that the interpreter renders into the target language after the orator has spoken for about 10 to 15 minutes (sometimes longer) relying on his concentration, memory, visualization, and note taking, rendering longer messages with more complete ideas and more separated in time. It is used by diplomatic, media (press conference) and conference interpreters. It requires of a skilled interpreter who knows the basic consecutive interpreting techniques, and allows for the source speaker to convey more complete thoughts, as he is not encouraged to cut the ideas short for the sake of shortening the segments. Interpreters who defend this type of rendition argue that it fosters a more comprehensive answer or narration of facts, helps the jurors and judge understand the answers, and because of its complexity, it requires more seasoned, capable interpreters, eliminating mediocre ones who simply cannot provide a lengthy consecutive interpretation. A lot of formally educated, and current and former conference interpreters favor this modality.

Short consecutive works with shorter segments of speech, often lasting between 10 seconds to one minute, or about fifty words (U.S. Federal Court Interpreter Examination handbook) and it is used in court hearings and other legal settings such as depositions and witness preparation sessions. It requires a skilled interpreter who mainly relies on memory, but also uses concentration, visualization, and a note taking system that is quick enough for the interpreter to begin the rendition almost immediately after the speaker finishes the segment in the source language. The length of the segment makes it difficult to embrace very long elaborate descriptions, as the orator is encouraged to stop for the interpretation after one or two sentences.  The interpreters who advocate for the short consecutive rendition argue that it is more accurate and detail-oriented as the interpreter can easily recall everything the witness stated, and it offers a more dynamic exchange and rhythm between witness and interpreter, which is often needed when witnesses are nervous, intimidated by the process, reluctant to testify, or not very sophisticated. It is true that, for many reasons, some court interpreters believe that they cannot render a long consecutive interpretation (lack of proper training, note-taking skills, practice, etc.)

In general, not speaking of court interpreting, I personally like the long consecutive mode better because it lets the speaker stitch together his thoughts and ideas, and it allows me, as the interpreter, to understand the message better. This results on a better rendition.

However, to determine what is more appropriate for a testimony during a court proceeding, first we need to answer the most fundamental question: Why is it necessary to interpret what was said at the witness stand?

Unlike interpreting the entire court proceedings for the foreign-language speaking parties (plaintiff, defendant, victim) interpreting the testimony of a witness who does not know, or is not fluent, in the language used in court is not done for the benefit of said individuals, after all, they speak the same language as the witness; it is done for the attorneys, and more importantly: for the judge and jury so they can properly evaluate the witness’ testimony and determine if they will believe all, part, or nothing of what the person said. Because the judge and juror do not speak the foreign language, they could not evaluate the credibility of the witness without the interpretation. You see, interpreting for the witness, is an essential part of the process of reaching a decision about the facts of a case.

But understanding the statement of a witness through an interpreter is not enough. In order to assess credibility, judges and jurors must look for, and consider, other clues such as body language, facial expressions, utterances, reactions to a question, demeanor, and others.  Sometimes a witness may be saying one thing with his words and a very different thing with all these other clues.

Therefore, judges and jurors must be given a chance to perceive and link all of these clues in real time. A short consecutive will allow them to consider all of these elements as closely to the verbal answer as possible. A long consecutive removes the jury from the moment when the words were said by the witness, making it more difficult to associate all clues and reach a reliable conclusion. Long consecutive will showcase the interpreter’s skills, but will foster distraction as it is difficult for a juror to follow a speech that he does not understand for several minutes. This happened in the defunct League of Nations, a precursor of the United Nations Organization born after World War I. The delegates to the League would speak in their native language and then the entire speech would be consecutively interpreted into a second language, and then into a third language, and so on. Because these delegates did not understand the original speeches, or their consecutive interpretation into other foreign languages, they could not pay attention to the speech itself, and in many cases would leave the session because they knew that the interpretations would also take a long time. Eventually, when the United Nations were founded, this consecutive interpreting practice was eliminated and replaced with the new, technologically more advanced simultaneous interpretation.

It is also true that court interpreters must interpret everything a witness says: false starts, stutter, utterances that may not be a word, redundancies, repetitions, and so on. Remember, the jurors and judges are assessing the credibility of the witness and all of these elements are very important during that process.

When the rendition comes right after the witness’ answer, there is no doubt that judges and jurors will be able to link one of these renditions to the original speech and to the body language.  It is also more likely that the interpreter will remember all of these circumstances better when he just heard them a few seconds ago. It is widely held that short consecutive is more precise than a long rendition, and in these circumstances it is more evident.  Also, a short consecutive will allow the attorneys and judges to direct the witness to answer a question or to object to an answer more efficiently.  It makes it possible for an interpreter to clarify a term or expression with the person speaking from the witness stand.

In my opinion, even though I like long consecutive better, I believe that a short rendition is more appropriate for court.

We still need to determine how short that rendition needs to be.

There are two main tendencies when it comes to short consecutive court interpreting from the witness stand: Those who want an extremely short segment of just a sentence or a couple of phrases, and the interpreters that believe that consecutive interpreting in court should be short, but it also needs to make sense, fulfill its purpose.

During my years of practice in court I saw some interpreters who were busy stopping the witness every other sentence, according to them: for accuracy; according to me: because of mediocrity on the part of the interpreter. I do not believe that you can argue accuracy when faced with a rendition that goes like this:

“…can you please…” stop. Interpretation follows.

“…tell us your name for the record…” stop. Interpretation follows.

Extremely short segments risk the possibility of producing a testimony that nobody can understand, and cutting the witness’ train of thought, resulting in unintended omissions by a witness who can never get to the point of concentration, and that could be very serious.

Short consecutive in court must be long and flexible enough, for a witness to tell part of his story in a coherent, logical fashion where he feels free to finish an idea before having to stop for the interpretation. Sometimes, this can be achieved with a ten second segment, but sometimes the witness may need three or four minutes to share the facts of the case in a way that is clear, complete, detailed, and gives the judge and jurors the necessary tools to evaluate the credibility of that witness.

It is also important to mention that the court interpreter should always allow the witnesses to finish his statement (unless the judge orders him not to). Because of this complex interpretation, that is almost like a dance between witness and interpreter, a good interpreter must talk to the witness ahead of time, explain what is needed to have a good accurate rendition, and in my opinion, the interpreter must be in the proximity of the witness (being careful not to obstruct the view of judge and jurors) so that clarifications, repetitions, and hints as to stop at the end of a segment (maybe through eye contact, a hand signal, or other) can be done without disrupting that rhythm. This is, in my opinion, the main reason why we have not seen the proliferation of two-way simultaneous interpretation from the witness stand. The interpreter needs to be with the witness, not in the booth or somewhere else.

You see, court interpreting is sui generis; it often breaks the rules of other more conventional types of interpreting. It is not just about the message, it is about the credibility of the individual delivering the message, and for that reason, the obvious, the redundant, and the obscene have to be interpreted from the witness stand. I now ask you to share with us your comments about consecutive court interpreting from the witness stand.

My last word on interpreting for this political season.

November 7, 2016 § 7 Comments

Dear Colleagues:

This Tuesday is Election Day in the United States, and people going to the polls means the political season is over for politicians, campaign staffers, beat reporters, and yes: interpreters.  Unlike any other presidential campaign during my professional life, the last eleven months were full of surprises and unusual challenges for the interpreter.  First, we had sui-generis primary elections; on the republican side we interpreted stump speeches and presidential debates full of disqualifications, insults, rudeness and unparalleled vulgarity, and we learned to interpret for non-politicians like Trump, Carson, and Fiorina. On the democratic side we interpreted stump speeches at campaign rallies where the candidate who motivated and inspired the crowd the most did not get the nomination, and we worked presidential political debates that, compared to what was going on at the republican party, seemed low-key and frankly boring. Even some of the victory and concession speeches after the primaries were bizarre at times. And then came the general election campaign.

Although it may seem that from the interpreter’s professional perspective both campaigns were about the same, and they are both ending with speeches where nobody talks about their platform, but about how awful the other candidate is, it was not like that at the beginning. Starting with the democratic convention, Clinton run a very conventional campaign; the speeches were of the kind the interpreter expects to hear during a presidential race. On the other hand, the republican campaign started with a very different convention full of insults and disqualifications among the supporters of the different candidates. There was also a very strange “endorsement” speech that really was a non-endorsement address by Texas Senator Ted Cruz (followed by one of the strangest press conferences I have interpreted in my life) And of course, the constant chants of “lock her up” from the floor of the convention that we as interpreters decided not to interpret since the chants did not come from the podium, and we were there to interpret the speeches, not the crowd’s reactions, the same way a sports interpreter is there to interpret what journalists and athletes have to say, not the screams coming from the bleachers. And then, we had the three debates.

Even though I only interpreted the second and third debates, I watched them all, and for the first time in my life, partly out of curiosity, and partly motivated by many blog posts by other colleagues, I also watched the interpretation rendered by friends and colleagues from other countries.

Because of the unusual candidates and the tone of the presidential campaign, many foreign radio and TV stations carried the debates, and in many cases the interpreters were not from the United States and they were physically abroad working from a studio in their hometowns. First, I congratulate my colleagues for the great job they all did; despite the fact that I could not understand the rendition into some of the languages I watched, I observed the professionalism and delivery of the interpreters working the debates and I salute them all. I also want to take a moment to address all of my colleagues who have ferociously criticized the work of some of these colleagues, and ask them to please consider the difficulty of doing this work with technicians, radio or TV equipment, and the awareness that many people are listening to your rendition live, and later on to the recorded version that will be replayed over and over again. Next, I ask the same critics to recall the times when they have interpreted a live unscripted event before millions of people and assess their performance. I suspect that most of those screaming the loudest against these interpreters have never done this kind of work. I did not listen to all of my colleagues, and I suspect that there were probably some bad renditions, especially if the interpreter selection was left to an agency more interested in finding cheap interpreters and less inclined to pay for high quality, but the overwhelming majority of those who interpreted the debates did a magnificent job.

For me, it was interesting to see how some of these foreign interpreters had difficulties with things we don’t even think about because we live in the American culture and system. Basic political concepts, idiomatic expressions, and references to U.S. geography and history were cause for pause and struggle. The mechanics of the debates presented an unfamiliar situation to some colleagues who grew up and live in countries where there are no political debates, and if there is such a thing, it is often a staged show with soft questions by a friendly panel, that look more like a press conference where the candidates take turns answering questions and ignoring the other opponents also at the podium.  Because of our socio-political reality in the United States, we do not interpret foreign leader debates for the American audience, and for this reason I do not really know what it feels like to interpret a foreign debate such as the ones between Clinton and Trump, but as an interpreter who lives in one State and often interprets gubernatorial, congressional, and local government debates somewhere else, I have to prepare to deliver a professional rendition.

Some of the things I do to get ready to interpret for a political debate include:  reading about local and campaign issues, learning about the candidates’ background, views, and platform. It is crucial to study the election system of the place where the interpreter will work, learn the structure of the State government, read local newspapers, watch and listen to local newscasts and political shows, search the web, know basic history and geography of the place where you will interpret the debate, know national and world current events in case they come up during the debate either as a question or as part of an answer; and finally: know the rules of the debate.

Finally, there is another issue that merits comment: From their own comments, it was clear that for many colleagues interpreting Donald Trump was nearly impossible. I disagree.

It is true that Trump often leaves sentences unfinished, that he does not follow a logical pattern when he talks, and he often interrupts others. Interpreting somebody who behaves this way may be hard, but it is not uncommon. My years of court interpreting took me to many individuals whose speech is much more difficult to interpret, yet I did, and so do hundreds of colleagues who work at the federal and state-level courthouses of the United States every day. If an interpreter spends an entire professional career interpreting in the booth, working with highly educated people, or just with those whose main objective is to convey their message to an audience, interpreting for a person of Trump’s characteristics will be extremely tough; however, those interpreters who had a broader formation, including some work with criminals and witnesses who will do anything to say as little as possible in a court of law, and to mislead a judge and jury every time they have a chance, will find themselves in familiar territory when they listen to Donald Trump.

We have a few days to go: Election Day and the aftermath when we will deal with the results. There are a few more things to interpret in this political season, but we are at the very end of what will forever be a unique presidential campaign cycle for everybody, including the interpreter community that had to deal with situations we never encountered in the past, and for the first time, turned into an international affair for interpreters everywhere. I now ask you to share with us your experiences, thoughts, and comments, from an interpreter’s perspective, about this political campaign, the conventions, the presidential debates, and interpreting for Donald Trump.

U.S. Immigration Court interpreters’ other enemy.

October 18, 2016 § 4 Comments

Dear Colleagues:

About two months ago the California immigration court interpreters started a movement to force the hand of SOSi and the EOIR with the goal of achieving better work conditions, a professional pay for the services rendered, and to keep the authorities from hiring new interpreters and interpretation students for a lower fee.  This entry will not deal with the merits or the outcome of such movement. We will talk about the elephant in the room: the big obstacle to the professionalization of the interpreting services in American immigration courts that can be changed by the interpreters themselves.

I know that this blog entry will make some uncomfortable, and I do not like to do that. Unfortunately, my life-long effort to fight for the professionalization of interpreting does not allow me to keep silent. To me, that would be equivalent to betraying my own professional standards. I write this piece with respect and with no desire to offend, knowing that by the time some of you finish reading this article, you will feel offended. I only ask you to reflect on what bothered you, and honestly acknowledge, at least to yourself, that you are not really up to save the profession (as a true profession, not as a laborer’s occupation) in the immigration court arena.

For several years now, there has been a tendency to credentialize interpreters who provide services to the public, who perform a fiduciary function.  Because of the wide variety of languages regularly spoken in the United States, and due to the millions of people who do not speak English at all, or at least good enough to go through a legal or medical process, most efforts have been applied to the certification of Spanish interpreters, by far the most popular foreign language nationwide, and finding other solutions for the other languages.

Court interpreters had an early start and developed the federal Spanish court interpreter certification exam. Many States followed and the States’ Consortium for State Court Interpreter Certification was born, later taking us to the current Language Access Advisory Committee (LAAC) and Council of Language Access Coordinators (CLAC).

Healthcare interpreters followed suit and developed two different interpreter certification programs (the Certification Commission for Healthcare Interpreters: CCHI, and the National Board of Certification for Medical Interpreters’ CMI program) both of them widely spread and recognized throughout the United States. Granted, the term “medical interpreter” to describe the functions of these professionals is less accurate that “healthcare interpreter”, and compared to the court interpreter certification federal and state-level exams, both healthcare certifications are way behind in content and degree of difficulty; but unlike court interpreter certification programs, healthcare interpreters have achieved something extremely valuable that court interpreters can only dream of: an examination administered by an independent entity, just like lawyers and physicians, instead of the uncomfortable government-run court interpreter programs that always raise the issue of the real conflict of interests when the entity certifying interpreters is the same one who hires them.

At any rate, healthcare interpreters in the United States now have a way to prove that they are minimally qualified to do their job, that they adhere to a code of ethics, and that they comply with continuing education requirements that will keep them current in language, interpreting, terminology, and medical issues. In other words, healthcare interpreters sitting at the table with court interpreters can now bring up their credential and feel at the same professional level than their legal colleagues, instead of having to give a speech about how certifications do not mean a thing, that it is working in the trenches that makes you a good interpreter, and that your field is so unique that no existing certification exam could test what is needed to work in that field.

Well, dear friends and colleagues, this takes me straight to a very real, and somewhat uncomfortable problem, faced everyday by immigration court interpreters in the United Stets: They have no certification program requirement to work in court, and for that reason, there is no way to prove a certain minimum level, thus allowing bad interpreters to work in the immigration court system for years.

Court interpreting is a highly skilled occupation that requires of a professional provider. By its nature, it is also a fiduciary function where a judge, attorneys, respondents and witnesses must trust the knowledge and skill of the interpreter who will speak throughout the proceedings while at least half of those present will not understand a word of what was said. It is an awesome responsibility that cannot be left to the paraprofessional or the untested.

Presently, all Article Three courts in the United States, at all levels (federal and state) have a Spanish language court interpreter certification program that includes minimum requirements to take the exam, passing a comprehensive and difficult test (at least at the federal level), observing a code of ethics, and (with the exception of the federal program) complying with continuing education in the legal, interpreting, and language fields to be able to keep the certification. These courts are part of the Judiciary Branch of government.

Immigration Courts are not a part of the Judiciary. They are in the Executive Branch of government and are referred to as Article One courts because of their legal basis in the U.S. Constitution. The thing is, my colleagues, these courts deal with societal, family, and personal values and interests as important as those heard by Article Three judges. They are courts of law that abide by a set of substantive and adjective laws.  For practical reasons, they operate just like any judicial court: there is a judge, there are parties (one of them will be the government just like in criminal law), there are witnesses, and there are attorneys.  Although the controversies are different, immigration proceedings also include a first appearance, motions hearings, a court trial, and a verdict. There is a burden of proof, rules of evidence and procedure, and the possibility of an appeal to a higher court (Board of Immigration Appeals). The fact that the terminology calls these hearings “master calendar”, “bond redetermination”, “credible fear”, or “individual hearing” does not make much difference.   The cases are as different from those interpreted in an Article Three courtroom, as a criminal case differs from a civil or a family law proceeding.

The skills required to interpret are the same as in any other type of court proceeding: There is a need for simultaneous and consecutive interpreting, as well as sight translation. Interpreters use equipment just the same (in fact, in many cases even the same brand), and the expected ethical and professional conduct of the interpreter is the same.

It is a fact that immigration court interpreters are disrespected by their client: the EOIR on a daily basis. There is no denial that they make little money, work long hours, and they do it solo, regardless of the complexity or duration of a hearing. It is also well-known that they are treated in humiliating fashion by being forced to jump through many administrative hoops that no other court interpreter will ever face, in part because they are subcontracted by a multinational agency that tries to keep control over the interpreters without physically being at the courthouse, but also in part because interpreters are not considered professionals, they are not acknowledged as officers of the court.

I firmly believe that the only way to earn the credibility they need so much, Spanish language (for now, and ideally all widely used language combinations later) immigration court interpreters in the United States must demand a court interpreter certification requirement to be able to work.  They need it for their credibility among their peers and with the public opinion.  Once they have a credential, together with a code of ethics and continuing education requirements, they will be in a much better position to negotiate with anybody.

Because immigration court is a federal matter, and the services provided by the interpreter are the same as the ones in all federal courts, I think that the certification they need to have is the already existing FCICE. It would be very simple, all they need to do is convince the EOIR of this need. The exam already exists, all these interpreters would need to do is register and take the test. Then, if both, EOIR and the immigration interpreter community think it is appropriate, there could be a short immigration terminology exam (although I don’t think it necessary just like current certified court interpreters do not need to test every time they interpret a different kind of hearing. Part of an interpreter’s duty is to get ready for an assignment and that professional obligation should be enough).  This would be the best way to demonstrate that their simultaneous, consecutive, and sight skills are at a minimum level to deserve that trust we discussed above. In fact, by getting EOIR to agree, immigration interpreters would have until the Summer of 2018 to take and pass the written portion of the federal exam, and then until the Summer of 2019 to take and pass the oral test. In the meantime, it could be agreed that those currently working would continue to do so until the Summer of 2018.

This solution would immediate put immigration court interpreters at the same negotiating level as their Article Three federal counterparts; In fact, it would benefit everyone: Currently federally certified Spanish court interpreters would consider working in immigration court as the pay would be the same (or almost), and newly federally certified immigration court interpreters would have the opportunity to broaden their professional horizons and work in federal courts.

Of course, this means that two things must happen: First, the certification exam cannot be a “Mickey Mouse test” like the ones offered to immigration court interpreters by multinational agency contractors; they have no scientific value and a very poor reputation. And second, immigration court interpreters need to understand that those who do not pass the exam must go, regardless of the time they have been a fixture at the immigration courthouse. Any other “solution” would defeat the purpose and discredit the credential. This, my friends, is the “other” enemy of the U.S. immigration interpreter: the bad interpreter who has never been able to pass a court certification exam, knows that they never will, and spend all their time and energy trying to convince others that certifications are worthless, exams are rigged, and that the only way to learn the profession in in the courtroom.  These people have to go away. They are like a cancer that is slowing down the progress of the rest of their colleagues.

To argue “unity” to protect and keep these individuals is misleading. Professional unity can only happen among professionals, and the individuals I just described above may be paraprofessionals but they are definitely not professional material. Imagine for one moment going to the hospital for emergency surgery and being told that the person who will operate on you has never taken or passed the Board, but has a lot of experience. Would you let this non-doctor cut you open?

I understand it is very hard to set aside our emotions and empathy for these individuals, but it is time to think of yourselves, your families and your peers. Unless you want to continue to struggle as an immigration court interpreter, you have to get certified. A decision to dodge the certification issue, or to settle for a lower standard of certification, because someone who cannot pass the test convinced you to support other options, will be a vote for the status quo, sacrificing the good ones to protect those who do not deserve to be there.

Understanding the Electoral College in the United States.

October 11, 2016 § 3 Comments

Dear colleagues:

During my career I have noticed that every four years during the Presidential election season in the United States many interpreters are faced with the Electoral College topic even when their assignments are non-political.  Because of its American uniqueness, this topic presents a challenge to many colleagues who usually work outside the United States and to others who live in the country but grew up somewhere else.  In fact, the Electoral College is one of those issues that many Americans do not fully understand, even if they vote every four years.  Interpreters cannot interpret what they do not understand, and in a professional world ruled by the market, where the Clinton and Trump campaigns are dominating broadcasts and headlines, this topic will continue to appear on the radar screen. Therefore, a basic knowledge of this legal-political process should come in handy every four years.

Because we are in a very “different” campaign and Election Day will be here before we know it, I decided to put my legal background and my passion for history to work:

Every four years when an American citizen goes to the polls on a Tuesday in November to elect the new president of the United States, that individual does not vote for any of the presidential candidates. We Americans vote for a preference (Republican, Democratic and occasionally other) and for electors who will go to Washington, D.C., the nation’s capital, in the month of December to cast all electoral votes from that state, in favor of the candidate who represents the preference of the majority of the state voters as expressed on that Tuesday in November.  In other words, we vote for the people who will go to Washington D.C., to vote on our behalf for the presidential candidate who received the most direct votes from the citizens of that state during the general election.  After the November election, those electors are pledged to the candidate who received the most votes in that state.  The result: We have direct vote elections in each state, and then we have the final election in December when the states vote as instructed by the majority of its citizens. It is like a United Nations vote. Think of it like this: Each state elects its presidential favorite; that person has won the presidential election in that state. Now, after the November election is over, the states get together in December as an Electoral College and each of them votes. This is the way we determine a winner. Each state will vote as instructed, honoring the will of its citizenry.  We do not have proportional representation in the United States.

Historically and culturally this country was built on the entrepreneurial spirit: Those who risk everything want everything, and when they succeed, all benefits should go their way. We are an “all or nothing” society. That is even reflected on our sports. All popular sports invented and played in the United States have a winner and a loser by the end of the game: We do not like ties because we associate a tie with mediocrity. A baseball game can go on forever until a team wins.  We do the same in politics. Once the citizens have voted, the winner gets all the benefits, in this case all the electoral votes; it does not matter if he or she won by a million votes or by a handful. You may remember how President George W. Bush was elected to his first term; he won the state of Florida by a very small margin, but winner takes it all, therefore all of Florida’s electoral votes went to him and he became the 43rd. President of the United States.  Thomas Jefferson and John Quincy Adams got to the White House with a smaller margin than George W. Bush.

I mentioned earlier that we like the principle of winner takes it all. Although that is true, we are a country of fairness and justice with such diversity that the only way to achieve this goal is through a balance of the rights of the people on one side, and those of the states on the other. (For those who have a difficult time understanding why the states have rights separate from the people, please imagine the United States as a mini-world where each state is an independent country. Then think of your own country and answer this question: Would you like a bigger or more populated foreign country to impose its will over your country, or would you like for all countries to be treated as equals?) In December when the electors or delegates from each state meet as an electoral college in Washington D.C. to cast their state’s electoral votes, all states have a voice, they are all treated as equal.  This is the only way that smaller states are not overlooked; their vote counts.

We find the final step to achieve this electoral justice to the states of the United States of America (all fifty states and territories that make this country) and to the citizens of the country in the number of electoral votes that a state has; in other words, how many electors can a state send to Washington D.C. in November.  The answer is as follows:  The constitution of the United States establishes that there will be a House of Representatives (to represent the people of the United States) integrated by 435 members elected by the people of the district where they live. These districts change with the shifts in population but additional seats are never added to the House.  When the population changes, the new total population are divided by 435 and that gives you the new congressional district. The only limitations: An electoral district cannot cross state lines (state borders) therefore, occasionally we will have a district slightly larger or slightly smaller, and every state must have at least one electoral district (one house member) regardless of its population.    The American constitution establishes that there will be a Senate (to represent the 50 states) integrated by 2 representatives or members from each state for a total of 100 senators elected by all the citizens of that particular state. When new states have been admitted to the Union (the last time was 1959 when Alaska and Hawaii became states number 49 and 50 respectively) the senate grows by two new members.

As you can see, all states have the same representation in the Senate (2 senators each) regardless of the state’s size or population. The House of Representatives on the other hand, has more members from the states with larger population, but all states have at least one representative in the house. This way the American system makes sure that the will of the majority of the people is heard in Congress (House of Representatives) and it assures the 50 states that all of them, even the smaller ones, will be heard as equals in the Senate. You need both houses of Congress to legislate.

Going back to the Electoral College, the number of electoral votes each state has is the same as its number of Senators and Representatives. The total number of Senators and Representatives is 535 (435 Representatives and 100 Senators) Washington D.C. is not a state, therefore it has no Representatives or Senators, but it has 3 electoral votes to put it on equal footing with the smaller states for presidential elections. Therefore, the total number of electoral votes is 538.  Because of this totals, and because of the American principle of winner takes it all that applies to the candidate who wins the election in a state, to win a presidential election, a candidate must reach 270 electoral votes.  This is the reason why California, our most populated state, has 55 electoral votes (53 Representatives and 2 Senators) and all smaller states have 3 (remember, they have 2 Senators and at least one Representative in the House)

The next time you have to interpret something about the Electoral College in the United States remember how it is integrated, and think of our country as 50 separate countries who have an internal election first, and then vote as states, equal to all other states, on the second electoral round in December.  Because on November 8 of this year we will know who won each state, we will be celebrating the election of a new president, even though the Electoral College will not cast its votes for another month. It is like knowing how the movie ends before you see it.

 

Electoral votes by state Total: 538;

majority needed to elect president and vice president: 270

State number of votes State number of votes State number of votes
Alabama 9 Kentucky 8 North Dakota 3
Alaska 3 Louisiana 9 Ohio 20
Arizona 10 Maine 4 Oklahoma 7
Arkansas 6 Maryland 10 Oregon 7
California 55 Massachusetts 12 Pennsylvania 21
Colorado 9 Michigan 17 Rhode Island 4
Connecticut 7 Minnesota 10 South Carolina 8
Delaware 3 Mississippi 6 South Dakota 3
District of Columbia 3 Missouri 11 Tennessee 11
Florida 27 Montana 3 Texas 34
Georgia 15 Nebraska 5 Utah 5
Hawaii 4 Nevada 5 Vermont 3
Idaho 4 New Hampshire 4 Virginia 13
Illinois 21 New Jersey 15 Washington 11
Indiana 11 New Mexico 5 West Virginia 5
Iowa 7 New York 31 Wisconsin 10
Kansas 6 North Carolina 15 Wyoming 3

How baseball terminology impacts the interpreter’s work.

October 4, 2016 § 2 Comments

Dear Colleagues:

It is baseball postseason time in the United States once again, and with the playoffs and World Series excitement, American speakers resort to baseball analogies and terms more frequently. Some of you may be very knowledgeable on the American national pastime as baseball is widely known, but many others may not know enough or maybe do not even like the game. For this reason, I have decided to tackle one of the most American and complex subjects to interpret: the terminology of baseball.

The first thing we should settle is the name of America’s Major League Baseball championship series: “The World Series”.  To those of us who grew up with this wonderful sport, and after hearing the championship referred to as the “World Series” during our entire lives, the small detail that this “worldly” event only involves teams from the United States (and one from Canada since 1969) tends to be overlooked; however, to the rest of the world, this seems a little odd to say the least. Well, for my fellow interpreters who now live in the States, and for those of you who are abroad and have never understood the reason for such as international title, the most widely accepted explanation is as follows:

In 1904 the sports publication “Reach Guide” reported on the first official “World Championship Series”, played in 1903, using a name coined by the “Spalding Baseball Guide” in 1886 when referring to the championship game between the champions of the two existing professional baseball leagues: Chicago and St. Louis. “Spalding” wrote that since both teams were already “Champions of the United States” in their respective leagues, the winner of this post-season championship series would be the “World Champion”, therefore, the event should be called the “World Championship Series”.  Eventually the title for the championship series was shortened, and when the “Reach” and “Spalding” Guides were replaced by “The Sporting News Guide” (that I remember from my childhood) the name became the “World Series”. This has been the official name of the championship since 1964. So you see, there is nothing mysterious behind the peculiar name. In case you are wondering, the only non-American team ever to win the “World Series” are the Toronto Blue Jays in 1992 and 1993.

We should now turn our attention to the most common American idiomatic expressions that come from baseball terminology. I will quote each one of them, and then I will give the baseball meaning and its application to our everyday life in the United States.

  • “To get to base”. In baseball, a team “scores” one point, called “a run” when a player is able to get to a plate called “home” after running through all three bases (respectively named: first, second and third base) in a diamond-shaped court called the “infield”.  Getting to first base is somewhat easier than going to second, and second comes before third base. When a player cannot hit the ball for three consecutive good pitches, he “strikes out” and cannot get to any base, not even first.

After World War II when many young Americans came back to their country, they arrived in a prude society where talking about sex was taboo. For this reason, these youngsters created a metaphor to describe their “sexual adventures” without disturbing the ways of the older generation. Because there were different levels to physical intimacy with a partner, Americans came up with the following “code words” that continue to be used today:

“Getting to first base” meant that the couple got to kiss, especially French kissing (mouth to mouth).

“Getting to second base” means that there was skin-to-skin contact, oftentimes it means that there was touching and kissing of the breasts.

“Getting to third base” meant that there was some touching below the waist, and even oral sex.

“To score” meant that there was intercourse; and

“To strike out” is used to describe that there was no foreplay or any other sexual activity.

  • “Switch hitter”. All baseball players get a chance to get to base by facing the other team and hitting the baseball with a bat. The ball is thrown by the main defensive player of the other team called the “pitcher”. Pitchers can be left-handed or right-handed and so can the batters.  There are a few players who can bat as a righty and as a lefty, but in baseball, instead of calling them ambidextrous, they are called “switch-hitters”.

In American society, the term “switch-hitter” is also used to refer to a bisexual individual. A homosexual person is also referred to as “playing for the other team”.

  • “Homerun”. “Hitting it out of the ballpark”. There are times when the batter hits the ball so hard that it leaves the playing field and ends up behind the fence. When that happens, the player can simply run around the infield, step on each base, and continue all the way home to score. This play, very exciting and powerful, can change the game in a second, and it is called a “homerun”, and because the baseball physically leaves the baseball field, and sometimes even the stadium, it is very common to describe this play as “hitting it out of the ballpark”.  By the way, baseball stadiums are not called stadiums, but “ballparks”,

Outside baseball, this metaphor is often used to describe a situation when an individual does something very good and spectacular, pleasantly surprising everybody, and leaving critics and opponents speechless. “Johnny had a wonderful presentation at the meeting today. He hit it out of the ballpark”.

  • “Grand Slam”. When a player hits a “homerun”, and all three bases were taken by his teammates,   they all score; therefore, instead of getting ahead by one run, their team goes up by four runs (one for each player on first, second, and third base, plus the batter who hit the ball out of the ballpark earning the right to go around the bases and score). This is the highest number of runs that a team can score from a single play. The play to describe the four runs scored due to a homerun is called a “grand slam” and to many fans, it is the most exciting play in baseball, as it can turn the score around in the blink of an eye.

In American society, when a person does something very important very quickly, and turns around public opinion, a business transaction, a college exam’s outcome, or anything g else in life, that person has hit a “grand slam”.

  • “Swinging for the fences”. “Homeruns” are difficult, but some baseball players seem to want to hit one every time they face the other team. For this reason, every single time a baseball is thrown by the pitcher, instead of settling for making contact and getting to first base, they swing as hard as they can as if attempting to hit the baseball over the fence and score a run. This very aggressive, but not necessarily smart, action by a player is referred to as “swinging for the fences”.

In the United States when somebody is trying to get something on a very ambitious manner, and sometimes out of desperation or with a “win at all cost” attitude, it is said that this person came out “swinging for the fences”.

  • “On Deck”. When baseball players are not on the field, instead of sitting on a bench by the sidelines like they do in football or basketball, they wait in a trench-like space below field-level assigned to each team. This place is called the “dugout”. When a team is at bat, its players must follow a pre-established order to face the other team called the “line-up”. For this reason, the players that are not batting at the moment wait inside the “dugout”, with the exception of the player who will bat next. This player is allowed to emerge from his trench to the field level to warm up.  Because this resembles the lifestyle of old sailors who used to live below the ship’s main deck, it is said that the player who is warming up before batting is “on deck”.

When someone in America is next for anything: giving a speech, taking an exam, getting a promotion, and so on, it is said that the person is “on deck”.

  • “Out Of Left Field”. Besides the players in the “infield” where the three bases and home plate are.  There is a larger section of the baseball field that is farther away from the place where the batter stands and the pitcher throws. This section is called the “outfield” and it is guarded by three “outfielders” who are distributed one to the right, one to the left, and one to the center. They are the last line of defense against the batter, they see less action than the “infielders”, and they are hard to see because of their distance from home plate.  There are two baseball parks still in use today that are over 100 years old. One of them is Wrigley Field, the home of the Chicago Cubs.  When the park was built over a century ago, there was an insane asylum in left field, so when something crazy or unforeseen happened, it was described as “out of left field”.

Nowadays, it is very common to hear Americans refer to a sudden, surprising, or unexpected event as coming “out of left field”.  “Mary asked for a raise. Just like that, she came out of left field”.

  • The “Bullpen”. As I mentioned before, the pitcher is the most important player in baseball. He is involved in every single play. For this reason, most pitchers do not play a full game, there are substitutions by other pitchers who are called “relief pitchers”. Because a pitcher must participate in every play, relief pitchers must be ready to perform as soon as they enter the game.  To be able to do this, they first warm up in a special section of the ballpark outside the baseball field. Presently, many baseball parks have located these warming up sections by the side of the field, but in the past, old ballparks used to have an enclosed location for each team where relief pitchers would warm up. This way, the opposing team would not know who was about to enter the game as a relief pitcher, and they would not know whether to get ready for a right-handed or a left-handed pitcher.  The area where pitchers used to warm up evoked images of a corral where animals would be kept contained before coming out to the fields; it especially reminded us of a pen where bulls are kept before a bullfight, and when released, they run into the ring. Relief pitchers do the same, once they get word that they are entering the game, they come out to the field like bulls. This is the reason why the pitchers’ warming up area is called the “bullpen”.

Today in the United States, an office workspace populated with desks without any separating walls or cubicles, resembling a corral where everybody is piled up, are called “bullpens”. “Roy was demoted at work and he now works in the bullpen”.

  • “Extra Innings”. A very important characteristic of the sports played in the United States is the finality of the outcome. Americans want to see a team win every time they play or watch a sport. A tie is considered rewarding mediocrity and it is not popular with U.S. sports’ fans (thus one of the main reasons why Americans are not crazy about “soccer” like the rest of the world seems to be). A baseball game is divided in 9 innings, and the team who scored more runs by the end of the ninth inning wins the game; however, when the score is tied after nine innings, the players must continue to play until there is a winner. Some baseball games have lasted over 20 innings before a team scores and wins. The innings played after the original 9 are completed are called “extra innings”.

These days, any continuation beyond the expected or scheduled time is referred to as “extra innings”“Those negotiations were tough. The parties went into extra innings before an agreement was reached late last night.”

  • “Home-field Advantage”. In baseball the two teams have the same opportunities to score by taking turns to bat. The visiting team goes first in what is called the “top of the inning”, and the home club follows during the “bottom of the inning”. Because baseball is played in 9 innings, the home team will always have an opportunity to score last. This gives them an advantage over the visitor, besides the obvious benefits of playing on the field they are familiar with and before their own fans.

On everyday life, Americans say they have “home-field advantage” when an event takes place in familiar surroundings, before a friendly crowd, or when their participation is the last one on the schedule.  “The meeting will take place in California, and that gives us home-field advantage”.

  • “To Throw a Curve (Ball)”. The pitcher has to face all players from the opposing team and his job is to get them out of the field before they hit the ball and reach first base. To do it, pitchers have an arsenal of different throws that they use to keep batters guessing what they will face next. There are fastballs, sliders, changeups, knuckleballs, cutters, splitters, and curveballs.  If a pitcher has been throwing several fastballs to the batter, he may surprise him by throwing him a curveball next. Curveballs are difficult to hit because as the name indicates, the ball moves around.

When Americans face a particularly difficult issue, problem or obstacle because of someone else, they often say that someone “threw them a curve” or a “curveball”“The teacher really threw me a curveball (or a curve) with that surprise quiz he gave us last week”.

  • “To Walk”. In baseball, a pitcher needs to defend his team by getting rid of the opposing team’s batters. To end an inning, a pitcher has to get three opponents out. Every batter that faces the pitcher will have to hit the baseball and reach first base before he gets three good throws and misses them all either by swinging the bat without hitting the ball, or by letting a good throw go by him without hitting the baseball. These pitches are called “strikes”. On the other hand, the pitcher has to get the batter to hit the ball to one of his teammates so he can be out before reaching base, or he has to throw three strikes before he throws four bad pitches outside of the strike zone which are called “balls”. When the pitcher throws four bad “balls” before he gets the batter out, the batter can take first base. This is called a “walk”.

Outside baseball, when somebody gets a benefit not by own merits, but by the mistakes of others, it is said that she or he “walked”.

  • “Balk”. In baseball, when a pitcher has an opposing team’s runner on base, he can attempt to sack him by throwing the ball to a teammate who has to touch the runner before he returns to the base. For a throw to a base to be legal, the pitcher has to throw the baseball in a single, continuous movement. He cannot hesitate, because if he does, the runner will be awarded an extra base. This hesitation is called a “balk”.

In everyday life, it is said that a person “balks” when she or he is hesitant to accept an idea or proposal.  “The CEO balked at the idea of merging with the competitor”.

No doubt that there must be several other idiomatic expressions that were taken from America’s national pastime and are used by regular folks to describe an action, an attitude, or a person they encounter in their daily lives, but I hope that this article at least gave you an idea of both, the beautiful game of baseball and what all those metaphors mean, so the next time you are in the booth and you hear one of them, you will know exactly where the expression came from, and what it presently means. I now ask you to please share with the rest of us any other baseball terms that you know and I probably missed.

The expenses all interpreters must charge to the client.

September 27, 2016 § 10 Comments

Dear Colleagues:

One of the questions I get the most from students and new colleagues has to do with interpreter fees and expenses. We have covered professional fees from several perspectives in prior posts, but so far we have never really discussed the expenses interpreters should pass on to the client.

I write this entry with my conference interpreter colleagues in mind.  Other interpreters can certainly benefit from this post, but they should always keep in mind that expense reimbursement in their professional practice might be governed or constrained by other considerations such as contractual limitations, government or institutional policies, and legislation.

If you work full time as a conference interpreter, or if you mainly do other type of interpreting, but you accept conference work on weekends, after hours, or during the summer vacation; mainly if you are new to the field, but also if you are a veteran who simply never figured out what expenses to charge to the client, this entry will put you on the right track.

Keep in mind that we will not deal with our professional fees here. That is a separate issue. You should have a set fee that you charge per day and per half-a-day of interpreting.  In the past we have discussed how to arrive to the right fee and what to consider when calculating it.  Some of you have attended my seminars on that precise topic. Remember, you must charge the professional fee for the service you render, and you should never have more than one fee for all clients (except for government or corporate professional service contracts where you agreed to a lower fee in exchange for consistency, volume, prestige, or many other considerations). For now, let’s set the fees aside, and concentrate on those expenses necessary to provide the service that the agency, government office, corporate entity, or end client must reimburse you after the service has been provided.

Notice that I am talking of reimbursement and not advance. I do this because that is the standard business practice and you should be prepared to work that way. Oftentimes, interpreters can lose a good client, or close an important door, simply because they asked for an expenses advance. We should always be prepared to cover these costs upfront. A good conference interpreter who is also good in business should always have money set aside for a plane ticket across the ocean, a hotel reservation, and transportation and food. Naturally, when dealing with new clients whose reputation is unknown to you (after a diligent inquiry on your part) it is always advisable to ask for an advance not just for expenses, but also for part of our fee.

As I said, in an overwhelming majority of assignments, you will be expected to pay first, and be reimbursed later, generally at the same time that your professional fees are paid; sometimes because of the accounting practice of the corporate or governmental client, reimbursement may take quite longer than the payment of your professional fee. You need to be prepared for this. Having an amount available to cover these costs while being reimbursed should be considered as a business investment on your part.

The question is: What expenses should I be reimbursed for?

First, if the assignment requires you to travel away from home, and your trip will be on the day before and the day after the event, you should charge one half a day of your interpreting fee for each of those two days. In other words, if you interpreted a conference that lasted three days, you should charge fees equivalent to four days of work:

½ day fee for travel day to assignment + 3 days of interpreting + ½ day fee for travel day back from the assignment = 4 days of interpreting fees

Next, you must be reimbursed for the airfare, train fare, or bus fare you paid to get to the out of town conference and back. Usually, the client expects you to ask for an economy ticket reimbursement, but in extremely long trips, you should ask for business class reimbursement, especially if you are going to work right after you land from crossing the Atlantic or the Pacific. As I have suggested in past posts, you should have a preferred airline where you are a frequent flyer so you can get upgrades to business or first class with your miles while the client is reimbursing you for the economy ticket. Please make sure to include here all other flight-related charges such as luggage fees, airport fees and taxes, visa fees when applicable, that you disbursed in order to get to the out of town venue.

You should also request a reimbursement of all hotel expenses that have to do with lodging: room fare, reservation processing fee, internet service in the room, and so on. Things like room service or pay-per-view movies in the hotel room cannot and should not be included in the reimbursement request. You should pick a business hotel, not a luxury hotel (unless the assignment requires it).

To have an idea of the price range you can charge to the client, in the United States, use the table of the GSA – Internal Revenue Service. It clearly states the maximum rate per room allowed for business travel by city and state.  http://www.gsa.gov/portal/content/104877

Ground transportation should also be a part of your reimbursement, taxis from airports to hotels and back, and taxi rides from hotels to the event and back should always be reimbursed. In some cases, the client will even pay for ground transportation from your home to your town’s airport and back. It is possible, but you should negotiate it before you include these taxi payments in your reimbursement requests. Sometimes the client may want you to ride a passenger shuttle from the airport, and others could even suggest that you take the subway or another urban public transportation. I do not like that, but you should negotiate it with the client.

You must request a daily allowance for meals (Per Diem) for every day that you are away from home (travel and interpreting days). To eliminate the hassle of collecting receipts for every meal you have, in the United Stets, refer to the table of the GSA – Internal Revenue Service. It clearly states the Per Diem allowed by city and state.  http://www.gsa.gov/portal/content/104877

If you are based in the United States and are traveling to a foreign country to provide the interpreting service, instead of following the table above, you will need to base your hotel and Per Diem expenses on the list that the United States Department of State publishes every year. It also contains the appropriate amounts by country and city. https://aoprals.state.gov/web920/per_diem.asp

Although I do not exactly know what requirements are needed to follow the same practice for those of you based in a European Union country, At least you can refer to the E.U. Per Diem list by country.

https://ec.europa.eu/europeaid/sites/devco/files/perdiem-rate-20150318.pdf

The following list can be used by those of you who live in Mexico: http://www.cualtos.udg.mx/sites/default/files/adjuntos/tarifas_viaticos_nacionales.pdf

Finally, you should be reimbursed for all other work-related expenses needed to provide the professional service such as parking fees, car rentals and gasoline, highway, tunnel and bridge tolls, photocopies, etc.

You should save all receipts or all other reimbursable expenses: airfare, taxis, hotels, etc. Even if the client does not ask for them, and you should always try to get reimbursed by the mere presentation of your professional fees and expenses invoice detailing reimbursable costs by category, it is a good practice to keep them in case they are needed, and for tax purposes as well.

It is possible that the client may offer to purchase the plane tickets, pay for the hotel directly, they may take you out to eat all meals, and so on. That practice is also acceptable, and in such cases you should only ask to be reimbursed for those costs that you paid for.

I hope you find this information helpful, and I sincerely expect you to pass all of these expenses to the client. That is how professionals work. I now invite you to post your comments regarding this very important part of our professional practice.

Are they trying to fool the interpreters and translators?

September 20, 2016 § 17 Comments

Dear Colleagues:

We have been under constant and merciless attacks from the big multinational language “industry” corporations for several years. These uninvited guests at the professional language services table have stubbornly fought to take away the market from the professionals who should service the clients through systematically minimizing the role of the interpreter and translator, and dehumanizing the profession by launching a campaign to convince the weak and uninformed that what we do is an “industry”, not a profession.

In the past we have discussed the oddity of having pharmaceutical companies in the same professional associations with the physicians, and we have talked of the way attorneys defend their craft so it continues to be known as the legal profession, not the legal “industry”. Sadly, as you know, there are individual interpreters, translators, and even professional associations in our field that have decided to tear down that barrier erected by all professions to protect both: the end client of the professional service and the professional service provider, and have happily commingled professional interests and concerns with those of corporate entities whose sole objective is to cut costs, provide a borderline service, as long as it is legal and acceptable, and profit as much as possible.  This translates into often deplorable working conditions for interpreters and translators and substandard, often insulting professional fees.

There is nothing wrong with commercial entities following this model. It is legal and that is what they were incorporated for. The problem arises when greedy professional associations, government bureaucrats, trainers, and individual interpreters and translators begin to campaign for this corporate interests completely disregarding the profession and those who provide quality services.  It is very dangerous to have all of these members and peripheral members of the profession ceaselessly attempting to convince professional interpreters and translators, new and old, that the way of the future leads to a profession bastardized by an “industry” where professional interpreters and translators will have to take their marching orders from minimum-wage high school level coordinators and project managers whose only priority is to squeeze everything they can get from the interpreter and translator and pay a fee (that they cleverly refer to as “rate” to rhyme with the “industry” philosophy they practice and try to propagate) worthy of a hamburger flipper, not a professional service provider. For years they have used scare tactics and “there is no other choice” arguments to coerce many weaker colleagues to give in and drink the “industry’s” Kool Aid.

First they tried to shame and ridicule professional interpreters and translators by spreading unfounded and hateful rumors that the real reasons for our opposition to the crowning of these multinational language “industry” service providers were our ignorance of new technologies and our fear of globalization.  Using their very deep pockets, they took this message to all corners of the earth and repeated these lies until many believed them as true.

We all know that professional interpreters and translators are not opposed to technology; it is common knowledge among our peers that we all welcome the opportunity to work and learn from other high-quality professional colleagues who live somewhere else in the world.  The truth that these entities do not want the professional service user-beneficiary to know is that interpreters oppose the laughable fee (again, referred to as “rate” by them) system these outsiders to the profession propose, where they offer to pay by-the-minute of interpreting service over the phone or video outlet, lower interpreting fees for remotely interpreted conferences because the interpreter “does not need to travel” despite the fact that the service, preparation and effort are the same whether the interpreter is at the venue or twelve time zones away. They forget, or choose to ignore, that their savings are already impacted by modern technology when they save transportation, lodging, Per Diem, and travel day fees customarily paid to interpreters in case of travel. Those are the savings, not lowering the interpreter’s fee.

The same situation applies to translators who have welcomed new tools and best practices that enhance quality and reduce time and effort. The things that real professional translators will not accept, and the multinational language “industry” providers who propose no pay for repetitions, numbers, etc., while pretending to use the best of the best in the translation world as mere “post-editors” of the work that computer program algorithms and paraprofessional translators (who have been paid rock-bottom fees) did, so that the final product that the agency’s client sees is at least half decent. Professional translators know that this is not the way to provide a translation service; they know of the time and effort involved in rescuing a non-existent translation from a deformed text they were just handed by the so-called “project manager” (who have no idea of what they are asking the translator to do) is a professional practice that should never happen, but when it does, it should command an even higher fee than a translation from scratch. These translators are not afraid of technology and they are not against globalization; they oppose a job description that resembles more the work of a babysitter (of incompetent translators) than the professional service of a translator.

I know that I am not telling you anything new. We have all discussed these issues in this blog and elsewhere many times, and we have successfully defended our profession by educating the good clients and through pointing out the nefarious services and products that very often come out of these multinational language “industry” companies.  Yes, there are good agencies. We all know who they are, and we shall continue to work with them on a professional relationship based on mutual respect and understanding, but unfortunately, most agencies act as described above.

The reason I decided to write this new entry was to send you all a warning; to give you the heads up: These multinational entities are back, and they have a new strategy.

You see, they are now trying to convince interpreters and translators that they have changed; that it was all a misunderstanding. That they never meant any harm to the individual interpreters and translators. They want you to believe that they appreciate you and cherish you, and they will come up with very creative schemes.

All you have to do is to look at their conference programs to immediately notice how they are designing strategies to make interpreters and translators happy; to make you feel appreciated and respected, so at the end of the day you give up and agree to work for them under despicable conditions.  Look at the different conference programs and see how they are inviting as presenters of this new approach no others than their very own company executives, and interpreters/translators who have decided to abandon the defense of the profession and join the ranks of the “industry” in exchange for who knows what.

This is their new strategy, so we have to be alert. They must think that this time they will get us, but, dear colleagues, we are no Trojans. We will not welcome their “gift” disguised as a horse.  These are dangerous times and the “industry” has deep pockets that they rather use to destroy the “profession” than to attract high-level professional interpreters and translators by paying professional fees.  We cannot let our guard down. We are not “Little Red Riding Hood” but the big bad wolf is trying to get us.

I now invite you all to share your suggestions and experiences in dealing with these very serious problems; I only ask you not to post any comments defending the multinational language “industry” movement.  This is a forum for professional interpreters and translators. There are plenty of places in cyberspace where those who want to praise the qualities of these folks can ingratiate themselves with the “industry”.

What interpreters should do when asked to charge less for their services.

September 13, 2016 § 12 Comments

Dear Colleagues:

Lately, it seems to me that there are requests everywhere for interpreters to work for less and even for free. Whether it is the Olympic Games, the political campaign events in the United States, or the community organizers’ voter registration actions.  Everybody seems to want a free ride.  At first impression, it looks like these are worthy causes and we as interpreters should be on board; unfortunately, when you take a second look at the request, you start wondering what is really going on. You see, Olympic Games’ organizers ask us to provide our professional services for free, they tell us it is a righteous idea, it will help to bring people together, and it will contribute to world peace. Then you realize that the physicians, paramedics, attorneys, dietitians, and many other professionals involved with the Olympic movement are not doing their jobs for free, they are getting paid for their professional services.  The same thing happens when you notice that the person asking you to volunteer your interpreting services to a political campaign or to a community organization’s event are paid staffers who do nothing for free. Something is not quite right.

Principled causes and ideas are great and we celebrate their existence, but professional services should always be remunerated, regardless of the virtuous cause they help advance. Otherwise, professionals should only get paid for awful, despicable activities. Under this criteria, healthcare workers should always work for free.

This reminds me of an occasion, many years ago, when a judge asked me to interpret a restraining order application form for free. When I refused stating that I would not do it unless I was paid for the professional service, the judge told me that it would be my fault if I refused and the victim was later harmed by the alleged perpetrator she was seeking protection from. He said that I was greedy.

Despite the fact that this judge was backed by an ignorant selfish interpreter coordinator at that courthouse, I immediately responded that my services were professional, just like the judge’s. I then asked him what kind of moral authority he had to scold me for not working for free while at the same time he was making a pretty fat check for presiding over the hearing. I did not interpret and I never knew what was of that alleged victim that a judge refused to help, because it was up to him to lend her a hand by just approving the payment of my professional interpreting services of the restraining order application.  You see, it is easy to be a Good Samaritan when it is on other people’s dime, it is more difficult when it affects you directly.

It is easy to ask for volunteer work when you are getting paid for asking others. I have nothing against volunteer, charitable work, but it has to be on my terms. I am a professional just like the physician, or the judge of my story, I run my own practice and I have to generate an income to cover expenses and to live the way I want to live; in my particular case, I work hard and provide an excellent professional service to be able to live my lifestyle.

As professionals, we must never lower a fee to give someone a break because they are poor, needy, or just need a break to get back on their feet.  You see, the day you agree to reduce your fee to a client, regardless of the motivation behind your decision, will be the last time you were able to charge your regular fee. From that point on, because everything gets to everybody’s ears in this world, all clients will always ask why you are charging them a full fee when you charged a lower amount to another client.  It is a dead end with no return.  It is a terrible business decision. I think you are starting to see why a lawyer or a doctor ask you to lower your fee for their “needy client or patient” while at the same time they charge them their regular fee.  When someone asks you to provide a professional service for free or at a reduced fee they are belittling the profession; they are automatically placing you in a separate category from the one where doctors, engineers and accountants are.  To lower your fee is a disgrace.

People, clients included should know that they will always be able to find someone else willing to work for a lower fee, but you are not that person. Your services are of the highest quality and that goes hand in hand with a robust fee.  On the other hand, because we should have a spirit of social empathy and solidarity, we must provide certain services pro bono.

Please pay close attention to what I am about to say:  As a professional, I am who decides when to volunteer my services, I decide the causes that are worthy of my time and effort. Professional interpreters should set aside a time for these free services, buy it should be at a time and place you decide; that way you can set the time aside when it does not interfere with your professional practice or your personal life.  You should designate, let’s say, the first Saturday of the month from 8 in the morning to 2 in the afternoon to assist anyone who needs your services for free, and you should do it at a church, community center, or similar venue. During that time, chosen by you, you will interpret legal, healthcare, school or any other community situations that those attending the facility during the previously set hours many need. Once the time is up, and at any other time, you will only see full-fee paying clients.  This is very different from living at the mercy of others who may want you to provide free or discounted professional services at times when you should be taking care of your professional obligations towards your paying clients.  This will immediately put you on the driver’s seat and will make it clear to everyone that you charge for your services, and sometimes, when the cause is righteous, and on your terms, you provide services free of charge. By doing so, you are not lowering the professional standards, you are not harming your own practice, and you are not insulting the profession.

Next time that you are asked to lower your fees or to work for free because the client deserves a break, stand firm on your regular fees, and if you decide that you want to provide a service for free, not discounted, then let that person know the terms of your pro bono services.  I ask you to please share your thoughts on this very delicate issue that is vital to us as individuals trying to make a living, and to the profession at large.

A big problem with continuing education.

September 6, 2016 § 9 Comments

Dear Colleagues:

Let me start this entry by saying that I am a strong supporter of continuing education for all interpreters. I know that the topic is somewhat controversial and some colleagues believe that it is unnecessary to have an organized practice of checking on colleagues who have already graduated from school or achieved certification or accreditation. I have been contacted by colleagues telling me that they consider continuing education a waste of time; that they are already certified or accredited and there is no other professional level above that; they have said that there is nobody out there who knows enough to teach anything to interpreters that are already at this level.

There is another group of colleagues who believe that continuing education is just a way for some interpreters to make money from teaching others what they can learn on their own; Some even claim that it creates a false sense of insecurity and need to take a seminar or a workshop, especially when these courses are sanctioned or even organized by government agencies or professional organizations.

Finally, there is the position of others who acknowledge the value of continuing education, but oppose it de facto when they state that as a policy or program, continuing education is too expensive to run and control. That there is not enough money to do it, and for this reason interpreters are not required to comply. This is the position adopted by the Administrative Office of the United States Courts, the only court jurisdiction in the United States with an interpreter certification requirement that does not include continuing education as one of the elements to maintain a valid certification.

In my opinion, it is not possible to provide a truly professional service without preparation. Interpreting is a complex task that requires of sharp skills and huge amounts of knowledge.

The practice of any profession in a developed country requires that those individuals providing the service have a degree and a license, patent, certification or accreditation to show that they meet the minimum standards needed to work as a professional. Then, in order to keep said certification or whatever license is required, the professional individual must comply with continuing education requirements to guarantee society that they have kept up with the changes in their profession.  Lawyers, physicians, accountants, engineers, teachers, and in many cases interpreters, must abide by these rules. Everyday more developing countries are following on these steps, and (in some cases with huge opposition from special interest groups) are beginning to require continuing education for their attorneys and doctors among many others.

Interpreters are aware of their reality: you need to study and prepare for a conference if you want to do a good job. Most colleagues would not disagree.

I believe that the need for continuing education becomes more apparent and crucial in the case of those interpreters whose work is linked to the life, health, freedom, and wellbeing of a person.

As interpreters, we all work with something that is constantly changing, permanently evolving: we work with languages.  As interpreters who work in the real world, we are also impacted by science and technology. They have changed the way we work: from simultaneous interpreting equipment to note-taking on a tablet; from digital dictionaries to video remote interpreting.  The language we spoke when we first started working and the means used to deliver our rendition do not look like the ones we presently use on a daily basis.  There is a constant need to learn.

Moreover, healthcare, medical, court, and legal interpreters work with medicine and legislation. Sometimes these fields are less permanent than language and technology.  Those agencies that certify or accredit these interpreters, whether they are run by a government or by a professional association, cannot put the client at risk. They have to assure the consumer of the professional service (a physician, attorney, patient, defendant, plaintiff, or victim) that the interpreters who have achieved certification or accreditation meet the standard requirements to practice the profession, and that they have been able to update their skills and knowledge by complying with continuing education requirements.  Remember, we are dealing with human life, freedom, and assets.

Most court and healthcare interpreters in the U.S. acknowledge the importance of continuing education in ethics, interpreting, science, legal changes, and technology.  There are also many colleges, professional associations, independent interpreter trainers, and government agencies that organize and offer quality continuing education at all levels.  In the United States, continuing education is accessible all over the country at one time or another.  The problem is not the willingness of the interpreter to attend the seminars, courses or workshops (even though sometimes the motivation to study may be the risk of losing the certification or accreditation for lack of credits); the real problem is the difficult and sometimes absurd requirements that some government agencies ask for in order to approve a workshop or a seminar for continuing education.

There are government agencies where an ethics workshop will never be approved for continuing education, even when the only subject matter of the class is ethics, unless the word “ethics” is included on the title of the workshop.  Sometimes a workshop that deals with the business aspects of the profession, or a seminar on legislative changes are not approved for continuing education because the individual who makes the decision does not understand the subject matter or its relevance. There are also places where continuing education credits are only granted when the course or workshop is offered by the government.

There are some government agencies where the person deciding what does or does not constitute continuing education for an interpreter program has never interpreted, or has never been involved with interpreting or translating.  Many times these are people who were transferred from another bureaucratic post because of their clerical skills, not their professional knowledge. Sometimes the people running a program decide to exercise their “power”, and only approve for continuing education credits those workshops that they contracted and organized; ignoring, and for all practical purposes running out of the state, all seminars and courses offered by reputable entities and instructors that, in the judgment of this government bureaucrat, “are too expensive”, even when the presenters are world-class.

I believe that certifications and accreditation at all levels and in all specialty fields are too important to leave them at the mercy of individuals who are only interested in covering their own behinds or favor their buddies. The granting of continuing education credits should be decided by government officials who are interpreters and know the profession, or even better, by a committee of local reputable interpreters who know what the profession needs because they know what it is all about.  I now ask you to share with the rest of us your experiences in dealing with these unreasonable government officials, or your ideas as to how continuing education credits should be granted.

Much to learn from Mexican interpreter program.

August 30, 2016 § 3 Comments

Dear Colleagues:

A few weeks ago I was invited to participate in the first legal interpreting workshop for Mexican Sign Language interpreters in Mexico City. It was a three-day event attended by sign language interpreters from all corners of Mexico.  With the arrival of the new oral trial proceedings to their country, now Mexican interpreters will play an essential role in the administration of justice. Until recently, the country followed a written proceedings system where interpreters were rarely needed, but now, with a system similar to the one in the United States, interpreters will participate at all stages of a court proceeding; moreover, because Mexico kept their traditional substantive law system, based on Roman, French, and Spanish Law, interpreters will also be needed in all proceedings before a Notary Public where a party does not speak Spanish.

Certainly, Mexico is not the first or the only country switching to this more agile and transparent legal system, but what I saw during the workshop showed me a different, and probably better way to incorporate interpreting into the legal system, and provide a professional service by good, quality interpreters.  What Mexican Sign Language interpreters are doing should be adopted as an example by many other interpreter organizations everywhere.  Sign language, foreign language, and indigenous language interpreter programs could benefit from a strategy like the one they are now implementing in Mexico.

Like many countries, including the United States, Mexico is facing problems familiar to all judicial systems: shortage of quality interpreters, ignorance by judges and administrators, lack of a professionalization system that eventually will only allow interpreters with a college degree.  Unlike most countries, and even foreign language and indigenous language interpreters in Mexico, sign language interpreters are trying to achieve all of those goals by partnering with the courts and academia.

The workshop was the brainchild of a judge from Mexico City’s Electoral Court who identified the need to provide deaf citizens a way to exercise their political rights.  The judge devoted her experience, reputation, time, and connections to the project, and after some effort, the Mexico City Electoral Court, Mexico’s Supreme Court, the Mexican National University (UNAM) and some district judges came on board, together with the sign language interpreter associations.

The workshop was held at three different venues in order to get all interested parties involved, and to send a message to Mexican society that the effort was real. On the first day, at the Mexico City Electoral Court, interpreters learned about the Mexican legal system and its recent changes. On the second day, interpreters attended an all-day session at the postgraduate degree school of the Mexican National University (UNAM) where more practical presentations dealing with interpreter problems and participation in a court hearing were discussed. It was refreshing to see how interpreters were able to convey their concerns to some of the highest authorities within the Mexican court system, accomplishing two things: that their voice be heard, and that judges be aware of how little they know and understand of the interpreters’ role in court.  During the second day of the workshop, a program to develop a curriculum for Mexican Sign Language interpreters to get formal education and obtain a diploma after a year of studies sponsored by the Mexican National University (UNAM) and perhaps Madrid’s Complutense University (Universidad Complutense de Madrid) got its kickoff. The idea is that eventually, this program will allow sign language interpreters to learn the law, court procedure, and court interpreting by attending a combination of virtual and classroom sessions for one year, so that at the end of the year they be ready to take a certification exam that will first test their bilingualism, so that only those who have demonstrated proficiency in both languages move on to the interpreting portion of the exam.  Once an interpreter passes the exam, their name will be added to the list of certified court interpreters they judiciary will have and use to determine who is fit to practice in court.  Eventually, the goal is to develop a degree in Mexican Sign Language Interpreting so that all interpreters working the courts have a college degree.

Finally, the third day of the workshop was held at the building of Mexico’s Supreme Court, where one of the Justices addressed the attendees who spent the time learning about the professional and business aspects of the profession. The day ended with a mock court trial where interpreters participated with the help of law students and professors.

I still believe on addressing the private bar directly bypassing court administrators, but in my opinion, the example set by Mexico’s sign language interpreters is a lesson that should be applied elsewhere. Having justices and judges of the highest level, together with college deans and professional interpreter associations generate a plan of realistic action that goes beyond the demagoguery so often practiced by government officials who never had the desire to help in the first place, would change the “balance of power” that court interpreters are suffering in many places, including many states in the U.S. where ignorant administrators pretend to run a court interpreter program with their eyes set on the budget and their backs to court interpreter needs and the administration of justice.  Having the highest authorities within the judiciary to listen, understand, and support interpreter initiatives (that are nothing but efforts to comply with a constitutional mandate) would go a long way, and having the most prestigious universities in the land to volunteer to sponsor a court interpreter education program with an eye on eventually turning it into a college degree, would solve many problems we see today in all languages.  The Mexican approach encourages the interpreter to professionalize by fostering the direct client relationship between courthouse and interpreter, eliminating once and for all the unscrupulous intermediary that charges for the service, keeps most of the money, pays interpreters rock-bottom fees, and provides appalling interpreting services.

I invite all of you, my colleagues, regardless of where you practice: The United States, Canada, Europe, Mexico and elsewhere, and regardless of your type of interpreting: sign languages, foreign languages, or indigenous languages, even those Mexican interpreters who practice as foreign or indigenous language court interpreters, to consider this Mexican strategy. I believe that it has a better chance to work than those other tactics interpreters have attempted to follow for such a long time.

I now ask you to opine on this very innovative strategy adopted by our colleagues in Mexico with the full support of their authorities and academia.

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