June 12, 2019 § 11 Comments
Think of a colleague, anywhere in the United States, who is battling a devastating illness and cannot get the treatment she needs because she has no health insurance, and medical expenses are so high she cannot cover them. I am sure you know an interpreter who has tried to get a job because he is worried about retirement years from now, but cannot get one because nobody is hiring. Language service providers want independent contractors because they have no legal obligation to provide employment benefits: health insurance, retirement plan, paid holidays and vacation, maternity leave, worker’s compensation insurance. If you prefer, look very carefully at your interpreter colleagues who have a sick parent, a disabled child, or another powerful reason to stay where they now live, and for that reason, they have to interpret for the agencies in town (local and multinational) and they do it in silence because they are afraid of losing these assignments, even when they are poorly paid, and they have to endure terrible, and sometimes humiliating working conditions.
Of course, you can always look at your own practice; I invite you to do so and honestly answer these questions: Do you enjoy having to check in and out with the agency every time you do an assignment? do you feel comfortable asking the person you just interpreted for to write down the hours you interpreted and to sign the form so you get paid by the agency? Do you find amusing having to spend hours on the phone and writing emails so you can get paid for a last-minute canceled assignment the agency does not want to pay? Maybe some of you like staying at the venue after interpreting is over because the agency makes you stay for the full time they retained you, even though all your work is done. Perhaps your definition of professional services includes cleaning up files or making photocopies until your time is up. Do you like it when the agency prints you business cards under their name and forces you to give them to the client? Do you like dodging all clients’ interpreting services questions by referring them to the agency every time? How about micromanaging your time on the assignment?
I doubt you enjoy any of these things, but even if you do, please understand that these intermediaries are taking advantage of you. They are forcing you to perform as an employee without paying you any benefits. Agencies distract you by telling you what a wonderful lifestyle you have, how flexible your schedule is, and everything thanks to them, your benefactors who find you work while you do not even lift a finger.
This is what the California State Legislature is trying to stop by forcing those employers who treat their “independent contractors” as employees to provide all benefits and protections people who do what these interpreters do for the agencies are legally entitled to. Think like an interpreter, stand up for your colleagues and the profession. Do not buy the arguments agencies are propagating. They do not see this legislation from the interpreters’ perspective. They see it from their business perspective.
For a long time, agencies have enjoyed this cozy business model that lets them charge their client for your service, pay you a part of it, and get you to do anything they want without incurring in any human resource expenses. It is a win-win situation for them. It is an abusive scheme for the interpreter.
Big multinational agencies are campaigning hard to defeat these legal protections not because they will “destroy the industry” as they put it, but because they will lose their golden egg goose. There will be no more freebies. They come at you with their lobbyists and make you believe they are on your side, they portray themselves as your savior and use scare tactics to make you think there will be no work for you if they are forced to lower their profits by living up to their legal and moral obligations to the interpreters.
Freelancing is not going to end after the bill becomes the law of the land in California or anywhere else. I am a freelance interpreter and I am not afraid. I do not work with these agencies, big or small, who now claim they are on a quest to save us all. New legislation or status quo will not impact my practice, and it will not impact that of most colleagues I work on a daily basis; however, leaving things as they are, giving back these agencies a position of power over the interpreters who work for them, will keep our less fortunate colleagues in the same deplorable conditions they have been working for all these years. This is a decisive moment. Multinational agencies and their lobby know it. They will fight the State of California with everything they have because they know the Golden State is a place where they can be unmasked and lose their privileges. Interpreters have organized labor backing their efforts because there are unions and guilds in California. Other States do not have them. The middleman knows that California is a decisive battlefield and they are spending money and sending their PR people to “convince” interpreters that defeating this legislation is best.
They argue they will not be able to hire interpreters because it would be too expensive. That many agencies will not survive and interpreters will lose a source of work. That is the point. The bill will only be successful when this serf-owner business model is erased. Will interpreters be more expensive because of the labor benefits? Yes. Interpreters deserve these protections. Agencies will either close or adjust their business models to comply with the legislation. Will agencies hire less interpreters? Of course, but the need for interpreters will not go away. There will be many more interpreters hired directly by clients. Is this going to hurt small agencies? It should. Small agencies should not exist in this business model because the essential condition for their survival is the denial of workers’ rights under the law.
Complaints that the legislation has exempted other professions like physicians and attorneys, but not interpreters are nonsense. Doctors and lawyers are well-established professions. Nobody would ever think of calling a “medical agency” and ask for a brain surgeon for tomorrow at 8:00am. If we want to be treated like these professions, we need to look like them. First step: get rid of the middleman. I know, some will say: “but…hairdressers are excluded and they are not a profession like doctors and lawyers” That is true and it is wrong. They should be covered by the legislation. The difference is: They got a better lobbyist and got their sorry exception in detriment of the people providing beauty services.
What about the argument that smaller agencies will not be able to stay in business because they will not afford it? In my opinion, these so-called agencies are not really agencies; most of them are a solo operation where somebody with connections acts as a referral service. I find this dangerous because these “agencies” just want a warm body with the right language combination for the assignment. I do not get the impression that messages on social media that read: “need French interpreter tomorrow at 2 pm” project exemplary quality control. Moreover, these people are not an agency, they should think and act like professionals and do what I do, and many of my colleagues do (all doctors and layers do the same thing): When your client asks for interpreters in a language combination different from mine, I just suggest a list of trusted experienced professional friends I am willing to vouch for, and let my client decide who he will retain and for what fee. I do not get involved, I do not get referral fees.
Finally, to the argument the ABC test is impossible to overcome: This is false. It can easily be overcome by a real independent contractor relationship. That is the point. If any agency could disguise a de-facto employee as an independent contractor the law would be pointless.
I understand what multinational agencies, their lobbyists, small agencies, and those solo practitioners who call themselves an agency without actually being one are doing. They are defending their very lucrative status quo. They have a right to fight for it and save their “industry”. As always, my concern are the interpreters and the profession, and from this perspective, I see the new California legislation as a step forward to our professionalization because, on top of protecting our colleagues in need, it will weaken the agency model, a necessary condition to become a true profession worthy of a place in the pantheon of professions. This is the time to listen to our colleagues and defend our profession, not the middleman interests.
October 1, 2018 § 1 Comment
Occasionally interpreters ask me what to do when retained to assess the rendition of other colleagues in a court hearing or civil deposition. This is a delicate issue for several reasons: As interpreters, we do not like another colleague carefully reviewing every single phrase we interpret; we feel it is invasive and even disrespectful. Sometimes the added pressure of having somebody else, most of the time with more experience than us, ready to jump at the first error or omission will turn a good rendition into a poor interpretation because of the intense scrutiny. We feel uncomfortable doing the same to another colleague when we are the “checker”. We do not want to offend a colleague, even a friend, but we find ourselves between a rock and a hard place when one of our best clients requests we render this service.
The first thing we need to understand is this is a professional service we were hired for. It is business. Also, we must remember what we were retained for: To check the accuracy of another interpreters’ rendition. We were not hired to destroy the interpretation; we were not asked to dispute and question every word interpreted or every term rendered by our colleagues. A professional opinion informing our client that the interpretation was fine will be welcomed by our client. They do not want us there to turn the other interpreters’ work to shreds; we are there because our client wants to make sure that the rendition was complete and accurate. This is important as it lifts an enormous weight off our shoulders. It gets rid of the feelings of disloyalty and guilt.
When I am hired to check on other colleagues during a court hearing (trial, motions hearing, expert testimony, etc.) or a civil deposition, the first thing I ask for is the names of the interpreters to interpret the proceeding. Sometimes I know the interpreters and from that moment I know if my job will be a walk in the park, because the interpreters are exceptional, or if it could turn ugly. Most of the time, I do not know the colleagues. In that case, my first task is to learn as much as I can about that interpreter: Where do they practice; how long have they been interpreting professionally; what experience they have with the type of proceeding and the subject of the rendition; their first language, professional studies, who are their clients, and so on.
I can get most of this online by visiting their website, looking over their resume, and checking their LinkedIn page. I also look for photos online. Sometimes I do not know a colleague by name, but once I see the picture I realize I know who they are, and sometimes I am even familiar with their work. Another important source is those interpreters they usually work with. I may have never worked with the interpreter I am about to check, but I may have worked with some of their partners or boothmates before. Sometimes I may contact these interpreters (when I could find no information on the interpreter for example) but most of the time just knowing who they work with helps me understand the level of the interpreter. Finally, I look for what professional associations they belong to. I know it is not a very good indicator of the level of a colleague, but it helps me understand better if the person cares for the profession and their continuing education. If the interpreters are great, I let my client know right away. This helps me to prepare them for an “everything was fine” report after the rendition. I say nothing detrimental to a colleague a priori. If I have nothing great to tell to my client, I reserve judgement until after the hearing or deposition.
On the day of the interpretation I arrive early, and the first thing I do is say hi to the interpreters. I introduce myself and put them at ease by telling them this is not personal, but I never look nervous or afraid. I also communicate that I know of the fact there is more than one way to skin a cat and their choice of words may not be the same as mine. I assure them that, as long as the rendition is correct, even when their style my differ from mine, I will not make a fuss of the interpretation.
If I hear something I disagree with during the rendition, I am always very careful and rarely interrupt (only in very evident mistakes). There are synonyms and regional expressions that do not make a rendition wrong unless they are essential to the case. If this happens, I wait for the break and explain it to my client, emphasizing that the rendition was correct, but I would have said it differently.
When I hear something and I know it is wrong and relevant, I respectfully interrupt for the record. State my objection to the rendition and why I object. If the other interpreters agree: Great; if they disagree, let them explain and accept your mistake, if any, or be firm if you are right. It is always necessary to have the basis for your dispute: a grammar rule, applicable dictionary, section of the law. Otherwise your objections will seem frivolous, irrelevant, and you will undermine your credibility.
After the hearing, I am professional and courteous with the other interpreters, judge, and attorneys. It is important they know it is a job. Nothing personal.
Finally, I prepare my report in writing, including my expert qualifications and explaining to my client who I monitored, including the results of my research on the interpreters, I describe the room, and do a narrative of the hearing or deposition, indicating all questionable interpretations, mistakes made by the interpreters, and correct renditions I would have interpreted differently due to my personal style (synonyms, regional expressions, etc.). Finally, I type my conclusions. Usually indicating there was nothing of importance omitted or misinterpreted at the hearing or deposition. Occasionally, indicating the interpreting mistakes and the reasons to back up my opinion. I now ask you to share with us your experiences as “check-interpreter” or about being “checked” by other. I would also like to hear what other strategies you follow when asked to be a check-interpreter, and what you include in your report.
August 15, 2018 § 9 Comments
Have you noticed mediocre agencies always say: “unfortunately, your fee is way over the budget this client has for the event”? This seems to be the answer I get most of the time, even from the big multinational interpreting services agencies, and it is the main reason I reject an assignment offered.
It makes me wonder how those huge multinational agencies, worshipped by their colleagues in the “industry”, who claim to be service providers to the biggest corporations and organizations in the world, can be as big and profitable as their financial statements show, (and believe me, thanks to public litigation records from lawsuits involving some, market share values, and their own bragging about their success, we know they are turning profits never seen before) when according to their conversations with interpreters, our fees are almost always above their clients’ budgets for their main, once-a-year conference, launching of a new product presentations, multi-million dollar fundraisers, or award ceremonies. I find it difficult to believe these agencies would only work with “starving” clients.
The main issue is how these agencies’ clients decide on a budget for their events. I would think that corporations have little knowledge about interpreting services, and for that reason they go to language service agencies to find out about interpreting costs, just as they go to the caterer for information on the cost of food, or to the hotel to see how much it costs to rent a ballroom for the weekend. The agency informs the client or event organizer how much interpreters will charge, and what else they need to factor in (equipment, booths, technical support) before determining the amount needed for interpreting services. The agency tells the client what interpreters will cost. Then, armed with all necessary information, the corporation of association sets a budget. It is not the other way around.
The problem is that agencies want to pay interpreters very little so they can have great margins, and they tell their clients they can get interpreters for very low fees; even when the agency knows they will never get the best human talent for such a tiny paycheck. They have offered lower quality interpreters willing to work for below market non-professional fees.
If an ignorant client contacts the agency and tells them they want an interpreter for no more than a certain amount, and the amount is below prevailing professional interpreter fees, that is the time for an agency to educate the client and tell them: “…sorry, but a team of interpreters would cost you such and such professional fee per interpreter per day…” and then explain that interpreters charge by the day, that every time they are retained to work four hours or less, they must be paid for half a day, unless the four-hour (or less) assignment encompasses both morning and afternoon hours, because in that case interpreters need to be paid for a full day since they cannot generate any other income on that day. During this conversation, an agency interested in quality interpretation would add: “…by the way, half days are handled this way…”
Then, if the event requires interpreters from out of town, the agency must make it very clear to the client these interpreters will charge at least half of the full-day fee for each travel day. Finally, the agency should clarify that, separate from their fees, these out-of-town professional interpreters will need for the client to cover their travel costs: travel, lodging, in-town transportation, and Per Diem.
At the beginning, these agencies may have to sacrifice part of their margin, but in the long run they will turn more profitable than those who turn their backs on the interpreting profession and embrace the low-quality ranks of the so-called “industry”, because their clients will notice the difference in the quality of the service and will go back to the same agency time and again. These are the agencies interpreters look for. These are the real interpreting services agencies. I would like to hear your ideas on this issue, and please share any relevant experiences you had.
August 8, 2018 § 10 Comments
I was recently part of a two-interpreter team that interpreted for 2 depositions. They each took a full day; they were complicated because of the subject; they were difficult because of the deponents; they were important because of their crucial part in the litigation process; they were stressful because of the financial impact the outcome of the case will have once it is decided in court or settled by the parties; and they were exhausting even for two interpreters.
As I was rendering this service, I remembered the many times I have heard colleagues say that depositions can be interpreted solo because they are interpreted consecutively. Honestly, I do not know how this could be possible without compromising the flow of the testimony, the timing of the questions, or the quality of the rendition.
I rarely interpret depositions, but the two or three times a year I am asked to do it, it is always as part of a team of two experienced legal interpreters directly hired by one of the law firms I work with. I know the fact that many agencies contact interpreters for these assignments and ask them to interpret solo. It is clear they follow this practice not because they believe depositions are simple enough to be interpreted by one interpreter, but because they are putting money before quality. Many attorneys, who do not know better, buy into this idea, and by accepting this practice, they contribute to the perpetuation of the idea that consecutive interpreting in a deposition setting does not require team interpreting.
Before the actual deposition, like in any assignment, my partner and I had to study all materials relevant to the case, we had to travel to another state the day before these depositions, check into a hotel, get to the venue the following morning (in a different time zone) early enough to assess the place and determine where we would sit during the sessions, and set up our iPad and other materials at the boardroom table where the deposition was to take place.
The depositions were complicated because of the technical matters discussed, the many dates, places, names, etcetera. They were also difficult because of the deponents’ reluctance to answer the questions. Both deponents spoke Spanish, but they were from different countries, different gender, they had a different background, and conflicting interests regarding the outcome of the case.
Because the attorneys and interpreters were from out of town, the Law Firm was interested in finishing the matter in two days. This meant long hours with short breaks.
Even though we prepared for the assignment, and we were flooded with many documents, there were certain technical terms, types of software, and other concepts not in the package. We had to research on the run by going online and looking up concepts and products. This can only happen when you have two interpreters working as a team where one interprets (active) while the other one (passive or supporting) does the research and passes on the information found to his or her colleague.
I do not see how this could happen when working alone. The interpreter would have to request a break to research what is needed. This would bring at least four unwanted consequences: (1) The deposition would take longer, generating additional costs when held out of town; (2) It would break the rhythm of the dialogue between attorney and deponent, causing attorneys to lose their train of thought; (3) It would cut the flow of an answer by interrupting the way the deponent is describing or telling something, or in another scenario, it would give a deponent time to think an answer eliminating the effect intended by the attorney asking the questions; and (4) The interpreter’s rendition could be compromised because on top of the complex and exhausting task of interpreting everything alone, he or she would now undertake another tiring task: research in a hurry because you are holding up the deposition. To compensate, attorneys would shorten the breaks and the interpreter would have to work more than originally expected with less time to rest.
On both days, we shortened our active interpreter shifts towards the end of the day so we could maintain the quality level of the interpretation. On both days the passive, supporting interpreter, had to research during the sessions; and as always, when you work as a team, we both consulted with each other when needed (doubts about a term, a number, a regional or technical expression) by simply exchanging notes without interrupting the deposition. I will not even mention the impromptu “saves” during a coughing attack or a bathroom emergency.
Depositions happen in civil cases where there is often a lot of money on the line. My experience is that attorneys who do this work are very receptive to the advantages of having the interpreting service provided by a team. They get the importance of a smooth deposition, and they understand the costs saved by avoiding prolonged sessions because of continuous interpreter breaks. As experienced attorneys, they know the difference between a fresh interpreter and an exhausted one. They are aware of how difficult our work is, and they trust our professional advice. For this reason, they will go for a team of interpreters instead of a solo. I would say to those of you who claim this is impossible because the agencies will not go for it: Talk directly to the law office. Do not wait for an agency to find you for a deposition. Go out there and find your attorney clients yourselves. It has worked for me. I now ask you to comment, and I would like to hear what you do when you are unfortunately interpreting a deposition by yourself and you need time to research something where attorneys are working under time constraints because of financial considerations or due to their professional agendas or the availability of the deponents.
June 4, 2018 § 8 Comments
I get goosebumps every time I hear freelance interpreters talk about their “boss”. I am constantly surprised at the huge number of independent contractor colleagues who refer to the authorities at the agencies, hospitals and courthouses they provide interpreter services for as their bosses.
This is an abomination when used to describe the other party to a professional services contractual relationship, now exacerbated by the very dangerous ruling by the United States National Labor Relations Board (NLRB) in SOSi where it ordered this interpreting agency to reclassify its interpreters working as independent contractors as employees. SOSi is appealing the decision, and we will discuss it in depth on a future post.
Our concern today is the conscious or subconscious lack of understanding of the professional services relationship derived from a contract where an independent interpreter is the service provider.
Freelance interpreters are independent professionals who provide their services for a fee. The terms of such services and fees are agreed upon by the interpreter providing the service and the individual or corporation recipient of the interpreting services in a contract. The parties to this contract are: The professional (who provides the interpretation, in other words, the interpreter) and the recipient of the professional service, called the client.
Yes, dear friends and colleagues, as freelance professional interpreters we provide our services to a counterpart called the client. Our main contractual duty is to render the interpreting services as agreed with the client, and the client’s main obligation is to pay the agreed fee in exchange for those services. The contract is called: Professional services contract.
Freelance interpreters are independent professionals free to choose the clients they want, under the terms they see fit, and for the service they picked. There is no authority figure over the freelance interpreter. All duties, responsibilities and obligations are contained in a voluntary contract (oral or written), a professional code of ethics, and the legislation governing the profession in a particular jurisdiction. Client and interpreter are equals. There is no boss.
Bosses exist in labor relations where a part: the employee, is in a subordinate position to the other: the employer or boss, who gives directions, orders, and instructions to the subordinate who must comply with these commands during working hours, in exchange for a fixed wage. Employer and employee are not equals in this relationship. An employee cannot choose what she does. If she does not comply she will be sanctioned and even fired.
Webster states that: a client is “… a person who engages the professional advice or services of another…” Oxford tells us that a client is “…a person or organization using the services of a lawyer or other professional person or company…”
Interpreting is a profession. Interpreters perform a professional service. Interpreters, like all professional service providers, have clients.
Here we see then that we must not call a client a boss because it is inaccurate, and it immediately puts the interpreter at a disadvantage. Calling your client “boss” creates a subservient relationship in your mind that will quickly translate into an attitude and lifestyle. It paralyzes the interpreter as she or he will no longer feel capable or worthy of arguing work conditions, professional fees, or assignments.
For those of you who see judges, doctors, court and hospital administrators, and language service agencies: Eliminate that thought. It is wrong. They are your clients, and you can negotiate and refuse assignments when you consider it appropriate. Your duties and responsibilities to do a professional top-notch job come from the contract, the legislation, and from your professionalism. You do a good job because you are a professional who wants to provide a good service because you want to keep the client, or you just want to do the right thing. You don’t do it because you have somebody breathing on your neck looking over your shoulder micromanaging everything you do. You do not need someone telling you how to dress for an assignment, or reminding you to get there on time. However, as long as you see the client as your boss, they will act as your employer.
Professional interpreters have clients and charge professional fees. They do not charge rates. A commercial product vendor or a non-professional service supplier do not have clients. They have customers. A customer buys goods or non-professional services from a business. Webster defines them as: “…one that purchases a commodity or service…” Oxford gives more details when it tells us that a customer is “…a person who buys goods or services from a shop or business…” Unlike professionals, these merchants get a rate or a price in exchange for the goods or non-professional services purchased.
Physicians and dentists are professional service providers, so they technically have clients, but for historical reasons, and due to the nature of their services, these service recipients are called patients. According to the American Medical Association’s Code of Ethics (AMA), physicians must be “…dedicated to providing competent medical care, with compassion and respect for human dignity and right.” It also considers that people with an illness must wait to see a doctor or to be treated, and that requires patience. Webster indicates that a patient is “…an individual awaiting or under medical care and treatment…” To Oxford it is “…a person receiving or registered to receive medical treatment…”
I have observed how many freelance interpreters have a hard time separating their client from others who may participate in the process like vendors and providers. The convention center or hotel events center are not the interpreter clients, they are vendors who provided the facility so there can be a conference. Unless the interpreter hired them directly, they have no contractual relation with the interpreter. They are the interpreters’ clients’ problem. The same can be said for the technical support: booths, interpreting equipment, sound system, etc. Unless they were hired directly by the interpreters, these are also suppliers who have a contract with the interpreters’ client, not with the interpreters. They are not your problem either.
Another common mistake is to confuse the direct beneficiary of the interpretation with the interpreter’s client. Usually, they are not your client. The five hundred people in the auditorium listening to your rendition are the direct beneficiaries of your professional rendition. Without you they could not attend the event; however, they are not your clients. They are your client’s clients. As professionals we must accommodate all reasonable requests by the audience and the speakers, but they are not the ones paying your fee. They are paying your client because they are your client’s clients. For this reason if a person in the auditorium asks you to speak louder, you may consider the request, and even honor it when reasonable; but if somebody attending the conference asks you to take a recorder to the booth and record the rendition for him, you will decline, and direct him to your client (please read my blog post on what to do in this situation).
Dear friends and colleagues, as professional interpreters who provide our services as freelancers we have many clients we choose. We decide who we want as our client, and who we do not. We have the last word on whether we do an assignment, and when a professional relationship with a client must end. We set and negotiate the terms of our work, our pay, and out booth mates. Employees do not get to do this because they have a boss: the employer. We do not. We practice in a world where we are equals with our counterparts in a professional contractual relationship. We do a magnificent job, we accommodate all reasonable requests of our clients’ clients, and we cooperate and support other providers and suppliers such as facility workers and technical support staff, but we do it because we are professionals and we have made a business decision to keep the client we want to keep, not because we are told to do so. Please stop referring to your client as your “boss”, and the next time a project manager tells you what to wear to an assignment, to be on time; or the next time a hotel waiter tells you not to have a cup of coffee, please stand up for your dignity and that of the profession. I now invite you to share your thoughts on this issue.
August 15, 2017 § 7 Comments
A few months ago I was contacted by a prospective client who I knew nothing about. He was an attorney and was requesting my services for a settlement conference. He explained that his client had been involved in some “out of the ordinary” financial situation and did not speak English.
I was supposed to interpret everything that was said at the conference so he could discuss the proposals with his client afterwards. The conference was to be held during an entire morning in short sessions of about ten to fifteen minutes each, with sometimes as much as an hour between. I was told that the non-English speaker would be present, listening to all parties involved in the potential settlement, but other than a few brief private conversations with his attorney to assess the negotiation, he would not speak at the conference.
After listening to the attorney, and based on my professional experience, I informed him he was requesting a simultaneous interpretation service during the exchanges with the other parties. I explained that the conversations between him and his client would be interpreted consecutively as they would involve a question or two every time they needed to talk. I also asked him to estimate the length of these exchanges.
Once again, he assured me that the settlement conference would be held in approximately ten minute segments, there would probably be three or four, and that after each session, the attorneys for the other party would leave the room and discuss the offer in private for about thirty minutes or even more. I clarified that simultaneous interpreting is a job for an interpreter team of at least two professionals when it lasts over thirty minutes. I also clarified that consecutive interpreting during the question and answer conferences with his client must be brief and kept to a minimum unless he would retain a second interpreter.
He looked extremely surprised. In his words, he had been “using interpreters for this type of work for years” and “…nobody ever mentioned the need for two interpreters…” at that point during the conversation I informed him of my fees and payment policy with new clients. He was not expecting that professional fee.
Sometimes life has a way to teach us all a lesson and this was this attorney’s lucky day. I have no doubts that under normal circumstances he would have turned me down and look for another interpreter, but this was a unique situation. The other parties had flown in from out of town for the settlement conference and his “regular” interpreter (who never brought up team interpreting and obviously charged a lot less for her services) was out of town. The case was complex and he had to concentrate in the settlement; he had no time to shop around for an interpreter.
Later that week we had the settlement conference. I arrived early (before the attorney who hired me) and noticed that an individual was nervously pacing up and down the hall of this gigantic penthouse law office. I approached him and learned this was the person I would interpret for.
I explained who I was and how we would proceed during the settlement conference and during the brief private encounters he would have with his attorney. I then showed him my simultaneous interpreting portable equipment I use for these services, explained how to operate it, and tested it for volume and comfort. It was then that the attorney arrived.
Before we started the conference, all attorneys present were very surprised that I had brought equipment for the simultaneous rendition. They all agreed this was the first time they saw anything like this. The non-English speaker individual remarked that he loved the equipment because he could hear everything without being distracted by the English speakers. At the end, my attorney client loved the equipment. He remarked on how unobtrusive it was and how it allowed for a better flow during the exchange as the attorneys did not lose concentration by the constant interpretation in the background. We also used the equipment for the attorney portion of the private client-attorney conversations, leaving the consecutive mode just for the client’s remarks.
After the assignment was over, the attorney congratulated me for my professional services, he wondered why nobody else had ever used interpretation equipment for these conferences before, and he told me it was now clear why I had been so “picky” at the beginning. “…I see why you are more expensive. You provide another level of service. I think that I will call you from now on…” I thanked him for his words, gave him his fee receipt for the check he gave me right after the service (as previously agreed) and told him that I would love to work with him again provided that I had any availability.
As I was leaving the law firm, I thought about how many of my colleagues let opportunities like this one go to waste because they do not take the time to explain their services to the client, and because they do not try to do something that will set them aside from the rest. In my case, a little innovation for this law firm, and a determination to seize the moment once that the attorney had no choice but to hire me, landed me a new direct client that knows my fees, working requirements, and payment policy, and can hardly wait to hire me again.
Please share with the rest of us any similar stories you may have where your tenacity and business mentality helped you prove that you are a professional and got you a new good client.
July 17, 2017 § 6 Comments
If you are a regular visitor to this blog you already know how I feel about team interpreting: Just like simultaneous interpreting, a consecutive rendition is a team effort that should not be attempted alone. (For more on this subject, please read my blog entry entitled: “If it is team interpreting, why are so many flying solo?”)
I have written extensively on this subject, and I have made it crystal clear that I never accept a consecutive assignment unless I am, working as part of a team. I also know of the fact that many colleagues believe that, unlike simultaneous, consecutive interpreting can be successfully accomplished solo; and that other interpreters believe that, although team interpreting improves the quality of an interpretation, a big chunk of the market will never buy into this need, and they willingly accept consecutive interpreting assignments without a second interpreter.
“Team interpreting is the utilization of two or more interpreters who support each other to meet the needs of a particular communication situation. Depending on both the needs of the participants and agreement between the interpreters, responsibilities of the individual team members can be rotated and feedback may be exchanged…” (Registry of Interpreters for the Deaf (RID) Standard Practice Paper [(SPP])
You all know what it is like to finish a consecutive rendition without a partner; you have felt the extreme fatigue and the high levels of stress derived from knowing you are performing an incredibly complex task that requires of a huge amount of knowledge, almost instantaneous reactions, and of grave consequences if error occurs, with nobody watching your back.
Originally, team interpreting was conceived as a solution to mental fatigue, but as team interpreting became more popular, and eventually the rule (at least in simultaneous interpretation everywhere) it was noticed that having a support interpreter was not a mere tag-team maneuver to get some rest while your partner was actively interpreting, but it turned into a joint effort that improved the quality of the service by having someone (the support interpreter) assisting the active interpreter with complex information, figures and names; and also acting as a sounding board to corroborate an utterance, research a term, or simply correct a mistake due to fatigue, context, or cultural meaning. The “surprising” result: The rendition was better because the interpreters were neither fatigued nor stressed out, so they could concentrate better on the task of interpreting.
“The goal of team interpreting soon began to shift from reducing interpreter fatigue to also ensuring the accuracy of the target language message and correcting any misinterpretations. While there was still concern about fatigue and interpreters continued to take turns at 20-to 30-minute intervals to ensure they were not hampered by fatigue, teams came to realize that they should both share the responsibility for the accuracy of the interpreted message. This lead to a change in the perceived function of an interpreting team. In addition to relieving each every 20 to 30 minutes, the “feed” interpreter was expected to monitor the “on” interpreter’s interpretation and feed missed information or make corrections as needed.” (Hoza, J. 2010. Team Interpreting: As collaboration and Interdependence. Alexandria, VA. RID Press. ISBN: 978-0-916883-52-2)
Mental fatigue is caused by intense brain activity in highly complex activities such as interpreting. Both, simultaneous and consecutive interpreting require of multitasking. Reasoning, evaluating, executing, and decision making in a matter of instants makes of interpreting a profession subject to deep mental exhaustion that becomes more intense due to the levels of stress while performing the task. Both: mental fatigue and high stress as an aggravated circumstance, happen during consecutive interpreting and they cannot be swept under the rug, or eliminated, by giving the interpreter a bathroom break. Interpreters working solo during a consecutive rendition for over thirty minutes will not be performing as expected just because a “magnanimous” client takes a 15 minute break. Mental fatigue does not work that way.
Fatigue is defined as “A physiological state of reduced mental or physical performance capability resulting from… workload”. (International Civil Aviation Organization [ICAO] Operation of Aircraft. International Standards and Recommended Practices. February 25, 2013). When present, it “places great risk on (the client) because it significantly increases the chance of… (interpreter) error…” (Caldwell, John: Mallis, Melissa [January 2009]. “Fatigue Countermeasures in Aviation”. Aviation, Space, and Environmental Medicine. 80: 29-59. doi: 10.3357/asem.2435.2009)
Mental fatigue, like the one caused by consecutive interpreting, causes cognitive impairment and it is important to understand the neural mechanisms of mental fatigue related to cognitive performance. A study to quantify the effect of mental fatigue on neural activity and cognitive performance by evaluating the relationship between the change of brain activity and cognitive impairment induced by mental fatigue using magnetoencephalography, demonstrated that performing the mental fatigue-inducing task causes over-activation of the visual cortex, manifested as the decreased alpha-frequency band power in this brain region, and the over-activation was associated with the cognitive impairment. (Tanaka M, Ishii A, Watanabe Y  Effects of Mental Fatigue on Brain Activity and Cognitive Performance: A Magnetoencephalography Study. Anat Physiol S4:002. doi: 10.4172/2161-0940.S4-002)
The task of consecutive interpreting does not differ from simultaneous interpreting when it comes to mental fatigue. Working solo will bring undue stress levels to the interpreter which will cause more mental fatigue, lack of concentration, and physical fatigue: all contributors to a substandard rendition after 30 minutes. As the interpreter is forced to work longer, the rendition will continue to deteriorate and produce errors and misinterpretations. This diminished mental and physical skills cannot be cured by allowing the interpreter to take a 15 minute break three to five times during a multi-hour consecutive rendition.
I set team interpreting for both, simultaneous and consecutive interpreting as a non-negotiable clause. Clients who have seen the palpable difference between solo and team consecutive interpreting have no problem with this requirement; those unaware of these dire consequences carefully listen to my explanations and promptly agree to an assignment covered by a team of (at least) two interpreters. A few who refuse to listen to my reasons, and those who choose not to believe the arguments, must do without my services.
I understand the hesitation of many colleagues to fight for consecutive team interpreting; I understand less those who fear the agencies’ reaction and opt to remain silent and go solo, but I also know that if all quality interpreters demand a team, the client will have no choice. Perhaps they will first hire the services of a second-tier individual, but they will see the difference and eventually they will be back, ready to hear your arguments and comply with your conditions. I hope that my sincere efforts to convince you to reject solo consecutive assignments affect how we view ourselves. We are the ones behind the wheel. The client is the passenger, and the agency is the guy at the service station with nothing to do with the way you drive. I welcome your comments.
May 15, 2017 § 1 Comment
Occasionally we all must work with difficult clients. These individuals make an already complex and delicate job more difficult because of their ignorance, rudeness, greed, and sometimes due to their tendency to micromanage everything. If they only knew that all they are achieving is to diminish interpreters’ productivity by distracting them from their task, and creating an uncomfortable environment that interpreters want to leave when they can. I cannot believe that people do not realize that interpreters do a much better job when they feel respected and may flourish in a place where they like to be.
It is a job we are talking about, not a social club, but respect is a must in all human relations and it should never leave the building. It is more puzzling, infuriating, and insulting when this horrendous environment is created by our peers.
We all have received from some agency emails, letters, work orders, contracts, and other documents where they impose dozens of rules, describe dozens of procedures, and include dozens of warnings and threats. We dislike them. They wake up a negative feeling that instantly predisposes us against that client. This is only worse when an interpreter micromanages our assignments and delivers these litany of requirements, warnings, rules, and so on, every time they retain our services.
Recently I got to see one of these monuments to totalitarian control. An obsessive-compulsive communication of 736 words containing nothing about the assignment. They were all rules conceived by this strange mind. The email covered topics such as when to report to the assignment, times for arriving and leaving, even when there was no assignment left to interpret; it had some prohibitions such as telephonic interpreting from this entity’s office, even if the job you were hired to do had been completed and there was absolutely not a chance that your services would be used again. If this is not enough for you, the document repeated many issues already covered between the parties and therefore already enforceable, such as payments and reimbursement of expenses. The long email talked about running late, dress code, and get this: “standards of performance and professional responsibility”!
After reading this 2-page long “small print” to the email where the assignment information took only 2 lines, I was furious, offended, and saddened. It was clear because of the client this was, that the email is sent to every interpreter they assign to a job. For the same reasons, it was also crystal clear that most interpreters getting this email every time they worked with this client, would receive the same despicable communication over and over again.
It is insulting and inexcusable that a client who knows you professionally, and knows the level of commitment and excellence of the interpreters they are hiring, may address us this way. After reading the email I felt more like a laborer and less like a professional. It was disheartening and very telling of the opinion this client has of the interpreters they hire (sometimes) daily.
I brought this up on the day I worked for the client. I got an apology from an individual different from the one who decided on the contents of the insulting email, and I was told that in the future all communications addressed to me would not include such demeaning rules. I was not told that the practice of micromanaging other interpreters and treating them as laborers who need the foreman looking over their shoulder would stop.
I understand there may be some new interpreters, or even some colleagues whose language combination does not allow them to be full time interpreters because of the lack of work. I know of the fact that some may need a refresher on the rules and policies. The problem is that, even in that case, the communication should be worded in a way it shows respect for the dignity of the interpreter as a professional and as a person. It should not include the repetitious recitation of the terms of the contract already signed and agreed to by the interpreter, and it should not be included in every single email. Whether an interpreter is a rookie or a veteran, regardless of how often they work for this client, they are not stupid, one communication reminding them of these matters should be enough.
It saddens me so many colleagues are too afraid to express their feelings about these communications, which are delivered by many clients every day all over the world. It frustrates me so many are so used to this mistreatment by the client, that they do not recognize the insult anymore. I am also convinced that interpreters cannot do their best when they must work for a client who appreciates their work so little, and thinks of them so low. Now that you know how I feel about this despicable practice, I would like to hear what you think and feel about these micromanaging personalities who run some organizations and institutions we often work with.
April 3, 2017 § 5 Comments
After years of working as a professional interpreter you get to see and live many things. It is called experience. Learning from our mistakes, observing the way other colleagues solve a problem, and years of practice and study make us better interpreters, and gives us the confidence to tackle tough assignments.
Once, years ago, I was retained to interpret during a very important event with the participation of some of the highest government officials from many of the most powerful countries in the world. The event was held in one largest city in the world. It involved several interpreter booths, and interpreters of different language pairs.
The assignment, we were told, was to take place at three venues and it would include all of the guests: A big ballroom for a round table discussion by the dignitaries during the morning session; a press conference in a separate room but at the same facility right before lunch; and where they would eat, there would be several speeches by some of the distinguished visitors right after lunch. In my particular case, the Spanish booth would have several dignitaries needing interpreting services.
The city hosting the event is a world-class city that holds many top-tier events throughout the year, but it is not the capital of a country. The local government officials in charge of the activities had great experience with logistics of summits like the one about to take place, and the local interpreting agency is arguably the best one in the region. Unfortunately, they were overconfident and did not prepare for an event involving so many celebrities and such a myriad of languages.
The interpreters in the booths, and the interpretation equipment technicians, who are often the same all over the world, had worked in these conditions many times and knew what needed to happen.
From my first telephonic conversation with the agency, certain things had not been planned thoroughly and I raised my concerns. The main problem was that, after the first session, the dignitaries would have a press conference somewhere else in the building, but unlike the first ballroom, this time there would only be interpreter booths for certain languages: the ones expected to get most questions from the media, and Spanish was not one.
When I asked what would happen if one visitor was asked a question, I was told to just walk to him, whisper the question in his ear, and interpret the answer consecutively. Logically, I had the two obvious follow-up questions: How am I going to find my way to the guest quickly when surrounded by so many bodyguards; and second: What about the context? Are these VIPs supposed to divine what was said before the interpreter gets to them? Had they thought that these visitors would have no context and no idea about everything said in the press-conference up to that point?
First I was told that they would look into it. Days later nearly at the event, I was told that things would stay the same despite my objections and concerns. I suspected something would get ugly the next day but it was too late to back out of the project. I was left with one last recourse: Use my experience as an interpreter to do the best I could under those circumstances.
When I arrived to the ballroom on the morning of the event, I was greeted by a well-known interpreter equipment technician who told me right away: “You know there are no booths for you at the press conference and at the luncheon, right?” Well, I knew about the press conference, but the luncheon situation was news to me. I was told that only the English, Arabic and French interpreters would have booths at those two events. I just threw my hands up in the air, smiled, and told him: “well, at least it couldn’t get any worse, right?” He looked at me right in the eye, and answered: “at least you are not the Korean interpreter. They don’t have a booth here either. The will be asked to sit right behind the Korean delegation and whisper the entire thing…” I just turned around and retrieved to the safety of my “morning-only” Spanish booth.
The morning session went fine. My colleague in the booth and I did our job as usual and the round-table moved along as scheduled. I must say I was impressed by the professionalism of my Korean colleagues. After taking a deep breath when they learned there would be no booth, they went to their delegation, sat behind them, and interpreted magnificently without complains or remarks about the adverse circumstances they encountered.
We moved on to the second event. The Spanish interpreters were lucky at the press conference because there were no questions to any of our clients. I felt bad for them as they sat there without understanding a word of what happened during the session, but at least I was not in the shoes of the Portuguese interpreters who had to do their best Harry Houdini impersonation to squeeze in and reach their delegations from Brazil and Portugal to do a whispered rendition for their clients, without the benefit of any prior context, followed by a consecutive interpretation of a long answer by one of the two delegations.
The luncheon was another disaster with little room for extra chairs for the interpreters and without headphones. I call this interpretation “silverware interpreting” because it is difficult to hear anything a speaker is saying when you must listen over your own voice and the symphony of spoons, forks and knives dangling against the china. I heard no derogatory remarks, but the delegations were not happy with the interpreting infrastructure offered by the program organizers.
I realized there are no valid excuses for these mistakes. It is understandable that clients and agencies who rarely work these events, especially if they are monolinguals, may not think of all these basic needs of the foreign language audience; what is inexcusable is to ignore the interpreters’ and sound technicians’ comments and observations when they live and breathe these programs. Ignorance or stinginess should never be an obstacle to the correct delivery of a professional service.
I now ask you to share with the rest of us those times when you knew more than the agency or the client but they did not listen.
October 18, 2016 § 4 Comments
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.