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.

U.S. immigration interpreters under siege again.

August 23, 2016 § 8 Comments

Dear Colleagues:

It is not common that I write a blog entry hoping to be wrong, but on this occasion I hope I am mistaken. Let me explain:

2015 was a very difficult year for our immigration court interpreters in the United States. After decades of working with the same agency, the Executive Office for Immigration Review (EOIR) granted their court interpreting services contract to a new contractor that is better known for their multi-million dollar contracts with the United States Department of Defense than for their interpreting services.  This new contractor: SOSi, won the licitation process by bidding lower than anybody else, and to keep the operation profitable for their stakeholders, they attempted to hire inexperienced interpreters and pay them extremely low fees under unimaginable work conditions.

The interpreters rallied against the newcomer’s offer, united like never before, and took to the social media, traditional media, and professional associations for support. The movement became quite strong and as a result of these actions by our immigration court colleagues and their allies, SOSi was left with no choice but to offer contracts to many of the more experienced interpreters under work conditions similar to the ones they were used to with the former contractor, and in many cases with the interpreters getting better fees than before. SOSi agreed to these terms and addressed some of the main concerns that the EOIR had about the way they were to offer interpreting services nationwide by hiring some of the support staff that had previously worked for the previous contractor: LionBridge.

At the time, it looked like SOSi got it and decided to do things the right way; unfortunately, their temporary contract with the United States Department of Justice was about to expire and they had to move quickly to turn that provisional contract into a permanent contractual obligation. To achieve their goals, once that interpreters, immigration judges, and public opinion subsided, they decided to go after the interpreters once again.

During the last few days, many immigration interpreters received an email from SOSi notifying them the following changes to their policy:

“…In the coming weeks, we plan to release a competitive Request for Quote (RFQ) to anyone who is interested in continuing to work on the program…”

In other words, in a few weeks, interpreters will have to bid for work at the EOIR, and assignments will go to the lowed bid.  Is SOSi going to pay its interpreters the same rock-bottom fees they had in mind a year ago when their master plan was derailed in part by their ineptitude, but mainly because the quality interpreters refused to work for such insulting fees.

I hope I am wrong, but as I continue to read SOSi’s communication, I detect a Machiavellian cleverness I did not see last year. Let’s read another segment of the same email:

“…In the meantime, we are issuing extensions to current Independent Contractor Agreements (ICAs) at the current rates.  You will have seven days to review and execute those extensions in order to be eligible to continue working on the program past August 31, 2016….”

The way I read the paragraph, and I hope I am wrong, I get the impression that SOSi is taking away from the interpreters the argument of “contracts with rock-bottom fees” by offering its current contractors a new contract under the same professional fees (incorrectly called “rates”).  By doing this, the Defense Contractor turned interpreting service provider, if questioned by EOIR, can defend itself arguing that their individual interpreter contracts contain the same terms as the prior contract, and that the interpreters who work for a lower fee than the one in their contract, do so by voluntarily participating in the “competitive request” process in order to get more work.  Of course, we can assume (from the contractor’s own words) that there will be very few assignments for those interpreters who do not participate in the bidding process. They will probably work only when nobody else is available.

Finally, SOSi’s communication states that “…The goal of the changes is to provide the best, most cost-effective service to the DOJ…”

Of course they have to watch these costs; that is an essential part of their contract with the government. The problem is that they also need to make a profit, and the more the better.  The question is: How can you increase your profit when your client (EOIR) will not pay you more? To me, the answer seems clear:  They will pay less to the service provider (the interpreter).

I could be wrong, but I do not believe that SOSi will pass on to the EOIR the “savings” from low-bidding interpreters on a case-by-case basis. Record keeping and reporting of these individual cases would be more expensive than simply paying the contractually agreed fees.  From the email, I understand that SOSi will get the same paycheck from the government, but their profit will go up from the money they will save by paying the interpreter a miserable fee.  The United States federal budget for 2017 shows an increase on the appropriations that go to the EOIR from 420 million dollars to 428.2 million.  There were no cuts, and in my opinion, even knowing that most of the EOIR budget goes to many other priorities, it is very hard to understand why SOSi would want interpreters to provide the same services for less money. (https://www.justice.gov/jmd/file/821961/download)

Dear friends and colleagues, I sincerely hope that my appreciations are all wrong and SOSi will honor the contracts, discard the “lower-bid” system that they seem to spouse, and things continue to improve for our immigration court colleagues; but in the event that I may be totally, or even partly right, I believe our colleagues will be better served by sounding the alarm and being in a state of alert and ready to act once again. There are just too many loose ends that require not just an explanation, but a public general commitment by SOSi not to go back to last year’s unsuccessful attempt to pay less for professional interpreting services. I now ask you to please share your thoughts on this issue, and if you have solid evidence (not wishful thinking) to prove my conclusions wrong, please share them with the rest of us.

Are court interpreters talking to the wrong client?

August 16, 2016 § 9 Comments

Dear Colleagues:

As I was having dinner with a colleague several weeks ago in New York City, the conversation turned to the deplorable state of court interpreting at the State level in many parts of the United States and even at some federal district courts. She shared some frustrating stories about court staff choosing less qualified and even non-certified interpreters over solid and skilled certified colleagues just to save money by paying less for court interpreting services.

Her story was not different from the many tales I have learned from interpreters around the country complaining about poorly-run Administrative Offices of the Courts in several States, courthouses led by unreasonable interpreter coordinators, and ignorant government officials who have never bothered to learn anything about interpreting but are too willing to issue directives diminishing the quality of interpreting services and undercutting the fees and contractual guarantees that court interpreters fought so hard to get.

Time and again, there seems to be a common denominator to all this nonsense: These government officials, court administrators, and even short-sighted staff interpreters turned court policy backers, simply ignore interpreters’ arguments and explanations of all the reasons why justice would be better served, Constitutional requirements would actually be met, and interpreters would move the courts to the top of their client lists, if the State courts, and some federal districts, were to treat the profession and those who practice it with the dignity they deserve.

I often wonder how many times interpreters will meet with judges, staff interpreters, and court administrators, to explain that a professional fee, a fair cancellation policy, and appropriate interpreting conditions are needed, before we all realize that we are just wasting our time and energy.

I believe that the moment has arrived.  In the past, whenever I felt that I was getting nowhere with a stubborn judge or an incompetent court administrator, I took my case to the officer of the court who will truly understand and appreciate our services: The private attorney.

I have found it very productive to talk to civil litigants and private defense attorneys one on one. I have seen the impact of a good presentation by an interpreter at a State Bar conference, in front of hundreds of lawyers.  I believe that it is the attorneys who need to hear about the profession. They are the ones who need to know how interpreters are really treated by state officials, and they need to hear some of the horror stories that unfortunately have occurred all over the country when a bad interpretation has been part of a court proceeding.

Court interpreters need to address these lawyers for two reasons: First, since they are not under the authority and policy of court administrators because they are financially independent, they will be able to fight for quality interpreters. They will see it our way because they are also in the business of delivering results to their clients. In other words: no result equals no clients. Moreover, many of their clients are financially capable of paying the interpreter’s professional fees and expenses, and like everything else in the private sector, they know that good things are not cheap.

The second reason for approaching these attorneys is evident: Our work will speak louder than our words. The attorneys and their clients will see how professional interpreters work, they will see the benefits of having a great interpreter at all stages of a case: from the time the client retains the attorney to the end of a case, including strategy meetings, witness preparation sessions, jailhouse visits, and having an interpreter at the plaintiff’s or defense’s table during the trial.  They will see the difference and their client will tell them how the work of the privately retained professional interpreter is infinitely better than the rendition the client will hear from the less expensive interpreters provided by the court at the hearings.  You see, instead of wasting your time talking to the wall, you will invest your time at cultivating professional relationships with these private attorneys who will appreciate your work, treat you like the professional you are, and pay you a much better fee. You will be able to make more money and work less. Who knows? Maybe after all good interpreters leave the courts and cases are overturned on appeal the people who have ignored us will decide to approach us in our terms.

I decided to work with the private bar and I do not regret it at all. In fact, I enjoy being a part of a case from beginning to end instead of just being thrown in there in the middle of a trial without knowing what the case is about. In fact, just a couple of weeks ago one of my attorney clients commented to me that she was so glad to have me as her interpreter because she felt that because I was not in court working with the same judges and attorneys all the time, she could trust me more than “those interpreters who are at the courthouse all the time”.

I suggest that if you are sick and tired of being mistreated and ignored by the courts, you switch gears and give the private bar a try. All you will need is four or five good cases a year to live and feel like the true professional you are. I now ask you to tell us what you think about the way that so many courts treat professional interpreters and what you plan to do about it.

When your new client used to have a bad interpreter.

May 12, 2016 § 2 Comments

Dear Colleagues:

Throughout the years I have written about educating the client, I have shared with all of you my ideas as to how we can make an assignment a total success and leave the client with the unshakable idea that interpreter fees are not an expense but an investment.

Not long ago, a colleague suggested that I write about those relatively common occasions when you work for a client for the first time, he has worked with other interpreters before, and the interpreter who was in that booth before you, the only other interpreter that your client ever met, was the pits.

Obviously, we all know how the story ends if everything goes as planned: The client will love our work and will never go back to mediocrity.  Unfortunately, in many cases this requires of an extraordinary effort and a lot of patience on our part.

The first thing we need to determine is whether or not the former interpreter was really bad, or it is just one of those cases where the client did not get along with our colleague.

I would begin by asking many questions about the interpreter’s performance.  I would find the right questions for the specific client so that, without getting him to feel uncomfortable, the following question marks get an answer: Was he professional? Was he honest? Did he know how to interpret? Was he good at problem solving and communication?  Then, I would ask around. Talk to the client’s staff; seek their opinion. Ideally, if the equipment company is the same one they had in the past, ask the technicians. They always know what is going on.

If you do all of this, and your conclusion is that the interpreter was not a bad professional, and that the only problem was a conflict of personalities with the client, then you will have to do very little as far as educating the client on how to furnish materials, finding the right location for the booth, discussing speaker’s etiquette, and so on. In this situation your challenge will be to either adjust to the particular tastes and demands of the client (to me this is not the best scenario) or, if possible, find common ground with the client, get him to trust you, and develop a professional relationship based on honesty and mutual respect.

On the other hand, if you conclude that the last interpreter was incompetent, the first thing you will need to figure out is why he was bad.  It is only then that you can start the client’s education.

Interpreters are bad or mediocre for many reasons, but some of the most common ones are: (1) They work for an agency that despises quality and is only concerned with profitability; (2) They lack talent or knowledge about the profession; (3) They worked under bad conditions, such as poor quality equipment or alone in the booth; and (4) They were afraid.

If the prior interpreter worked for one of those agencies we all know, and you are now working with the client through another agency, the education must emphasize the fact that not all agencies provide a mediocre service, which usually includes mid-level to low-level interpreters. That you, and all top-notch professionals would never work for such a business, because you only keep professional relationships with reputable interpreting agencies who take pride on the service they provide, including very well-paid top interpreters with significant experience.  If you happen to be working with a direct client, then take advantage of this opportunity to sing the praises of eliminating the middleman. Go into detail on the way you prepare for an assignment, how you choose your team of interpreters, and make sure that the client knows where every cent of the money he is paying you goes. Only then you will be able to prove him what we all know: interpreters make a higher fee when working directly with the client, and the client spends less because the intermediary’s commission is eliminated.

If you determine that the interpreter who was there before you, was an individual who did not have enough experience, preparation, or frankly, he did not have what it takes to be a real professional interpreter, explain this to your client and take this opportunity to educate him on the qualities that are needed to work in the booth. Show him all the years of experience and preparation that have allowed you to work at your present level, share with him the complexities of the interpreting task; convince him of how an ignorant individual could never do the job correctly; and finally, tell him that interpreting is like singing or dancing: It is an aptitude a person is born with and it needs to be developed and improved. Try to convey the fact that there is something else, difficult to put into words, that interpreters are born with.

When you conclude that the previous interpreters had to work under bad conditions, you must explain to the client the importance of having the appropriate environment for an impeccable rendition. Explain how the interpreter cannot do his job if, due to the poor quality of the interpreting equipment, he cannot hear what the speaker said. Convince him of placing the booth where the interpreters can see and hear everything that will be going on. Make sure that the client understands that there are many ways to save money during a conference: a different caterer or at least a menu less ostentatious; a different ground transportation service; a less expensive band for the dance; but never a lesser quality interpreting and sound equipment; never a lesser quality, cheaper interpreter team, because this is the only expense that will make or break a conference.  A conference with the best food, at the most magnificent venue, with a sound and interpreting equipment that does not work, will be a failure. The audience will not be able to hear or understand the speaker they paid for and came to see. They will come back to a second conference when the food was prepared by the second best chef in town, or the event took place in the second nicest convention center, but they will never be back to a second conference when they could not understand what the main speaker said during the first one because the equipment did not work, or the interpreter was exhausted from working alone in the booth.  The client needs to hear this to be able to understand the importance of your working conditions.

Finally, when your conclusion is that the interpreter did a mediocre job because he was afraid, then you have to explain this to the client, and educate him on the benefits of having experienced interpreters in the booth: Professionals who have been through it all, and know how to prevent an incident or solve a problem. Tell the client how these interpreters exude confidence and will never have a panic attack on the job. Make it clear to your client that interpreting for a famous individual or on a difficult subject is intimidating, and only self-confident professionals can assure the success of an event of such magnitude.

In many ways, getting to the assignment after the client has gone through a bad experience will help your cause. You will find a more receptive individual, and you will have a point of reference; something to quote as an example of the things that should not happen. I now invite you to share your comments and suggestions about other ways to take advantage of this type of situation when you come to the job as a second choice because the first one did not work out.

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