Interpreters: Your clients, and your clients’ clients.

June 4, 2018 § 7 Comments

Dear colleagues:

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.

In tough times: Raise your fees!

May 14, 2018 § 6 Comments

Dear colleagues:

Globalization has created a world market where we all compete, regardless of our location. Although this has raised professional fees for some colleagues in places with small economies, it has hurt most interpreters to a different degree, depending on whether they stuck to their local economy and clients, or they went to the international market and taking advantage of new technology acquired clients they would have never even considered before globalization. In a market like the United States, with very high speed internet, thousands of airports and flights to every corner of the planet, and a very reliable infrastructure, many of us felt no downturn in our business; in fact, we benefited from the change.

Unfortunately, and without getting into politics, some recent U.S. government decisions, and later changes to the way we did business and conducted our international relations, have created a state of uncertainty, and sometimes resentment, which have affected our profession.

Some of the conferences and international events we had interpreted for many years have been cancelled; others have been moved to other countries due to the uncertainty on the admission of visitors to the United States, as the organizers avoided the risk of investing on a project that a significant segment of attendees could not attend because of their country of origin. For the same reason, many international programs at universities, non-for-profit organizations, and government agencies have been considerably downsized or postponed. The situation for community interpreters is not any better, because less foreigners in the country means less litigation and less foreign investment, which impacts court and legal interpreters; and when foreigners visit the United States less frequently, they use hospital and medical services at a lower rate. This hurts healthcare interpreters.

Faced with this reality, it was time for me to decide how I was to continue to enjoy the same income level despite the new reality we are living; and turn this poison into medicine and even generate more income than before.

Many freelancers get scared when they find themselves in this position, and their first impulse is to lower their fees to keep the clients they have, and to advertise their services at a lower fee than before. They operate under the false idea that money is the main motivator in a client decision making process.

Fortunately, my professional experience has showed me that quality trumps price in everything a client values. That is why people spend more money on a better doctor, a safer airline, and a renowned university. All have cheaper alternatives, but with the things people value the most, there is always a thought that crosses their mind: “It is more expensive but, if not for this, what is money for?” At that point I decided to raise my professional fees.

With this in mind, I carefully studied my client portfolio and classified my clients according to their business value, considering the income they produce me, how frequently they require of my services, the affinity of the type of work I do for them to my personal interests, and the prestige a certain client brings to you in the professional world. I considered a separate category for difficult clients, but to my surprise these were very few, and I needed them for my plan to work.

I immediately realized there were clients on that list I wanted to keep no matter what, and there were others that I would lose regardless of my best efforts. They were in a category where my work was not one of those services that they value the most.

I approached my clients according to how badly I wanted to keep them. If I really wanted them, I would explain this change in person when possible, or by phone or Skype if they were abroad or if their schedule could not fit me within a reasonable period of time. Next, I decided to contact the rest by e-mail on a carefully worded communication that was clear, not too long, and that ended with an open invitation to discuss this raise in more depth in person or by phone if they wanted to do so.

It would be a conciliatory email. No ultimatums, or “take it, or leave it” type of notice. I was out to make friends, not to fight with my clients. I knew that I had two things working in my favor: They already knew my work, and I already knew how they like their interpreting.

For my strategy to succeed, I needed to present my proposal to somebody with the authority to decide. Talking to somebody down the totem pole would be a waste of my time. I decided that I would only talk or write to owners of small companies or agencies, and to senior management in larger corporations, organizations, and government agencies. (There is a video on this subject on my YouTube Channel).

I drafted a talking points memo to be used with my “A” list clients when I told them I was raising my fees. The points I would make to the client had nothing to do with globalization, current American politics, or the uncertain future interpreters were facing in the United States. I recapped the successes we had in the past, and I listed some of the professional things I do for them that are not always found in other interpreting services, but I was not heavy about it. I figured that if they had agreed to talk in person or by phone, it was because they already considered me an asset to their company. It was all about the quality of my professional service and the time and effort I would devote to the success of their conferences, projects, and other events.

I lost some clients, none from the “A” list, all those who stayed with me are now happily paying the new higher fees as they are now getting a more personalized service, and because of this new practice, I have acquired new clients, who were in part, referred by my old clients who stayed with me despite the raise. We now have a better working relationship because they know more about what I do, and their internal decision making process to continue working with me made them realize my true value for their organization.

The lesson learned, dear friends and colleagues, is to face adversity with a cool mind, refuse to give in to fears and peer pressure, and with confidence and self-assurance face the problem and win. It is always better to make more money when appreciated, and an added benefit is that instead of contributing to an even bigger depression of our market, you will do your part to pull it out of the shadows of uncertainty. I now invite you to share with the rest of us what you are doing to win as a professional interpreter in this new reality of globalization and political uncertainty.

The “must attend” conferences of 2017.

January 5, 2017 § 7 Comments

Dear Colleagues:

2016 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price.  The question is: How do we adapt to reality, keep up with technology, and improve our service?  The answer is complex and it includes many different issues that have to be addressed.  Today, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.

It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology.  In other words, we need to be better interpreters.  We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.

I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very competitive world of interpreting.  Fortunately there are many professional conferences all year long and all over the world.  Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries.  Unfortunately there are so many attractive conferences and we have to pick and choose where to go.   I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there.  I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.

Because this is impossible, I decided to share with all of you the 2017 conferences that I am determined to attend:

The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Buenos Aires, Argentina (April 22-23).  I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless.  It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you.  Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence.  This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue.  You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. Extra added bonus: Beautiful Buenos Aires! I am personally delighted that IAPTI decided to take its conference to Latin America where so many colleagues need these events.

The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Washington, D.C. (May 19-21) I am determined to be in Washington, D.C. in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world.  This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States.  It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences. Extra added bonus: As the capital of the United States, Washington, D.C. offers interpreters and translators the opportunity to physically see where it all happens: the government institutions and agencies, monuments, museums, and the federal court system: History and the law!

International Federation of Translators (FIT) XXI World Congress in Brisbane, Australia (August 3-5) This is an excellent event to attend for several reasons: It is an international meeting of professionals who actually live all over the world. There are other big events where interpreters and translators from many countries get together, but most of them live in the United States or the United Kingdom; at the FIT World Congress most of the professionals attending the event will be coming from their respective countries, bringing along different perspectives, points of view, and first-hand information on the status of the profession somewhere different from the country where you live. Extra added bonus: Despite the long trip for most of us, the central theme of the congress is “Disruption and Diversification”. Enough said: This are issues that affect all of us and should be near and dear to the heart of all professional interpreters and translators.

XXI Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 25-26) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from an unprecedented success during their XX Congress, the 2017 edition will surely have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language.  Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds a purchase some books, listen to some or the most renowned authors in the world, or just window shop in between sessions.

I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above.  Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition.  That advantage might be what you learned at one of these conferences, or whom you met while at the convention.  Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2017.

Our work requires trust and a little respect.

March 7, 2016 § 6 Comments

Dear Colleagues:

In this era of high speed communications and world trade the function of the interpreter is of unquestionable importance.  There cannot be a globalized society without mutual understanding, and all efforts to understand another culture begin with the transmission of a proposal or an idea by means of the language they speak.

The interpreter is defined as a person who converts a thought or expression in a source language into an expression with a comparable meaning in a target language, conveying all semantic elements as well as the tone and register, and every intention and feeling of the message that the source language speaker is directing to the target language recipients. Basically, it is the action of transmitting ideas between two groups of people who are physically (or virtually) present, but do not understand one half of what is being said in the room.

The question that immediately comes to mind is: Why do these individuals, who have something important to communicate to the other group, believe the conveyed information, and base their decisions in what this interpreter said in their native language? What on earth makes them believe what the interpreter uttered, especially in the many instances when they had never seen this person before? In fact, when interpreting from the booth, the recipients of the interpreting services never get to see the interpreter.  The answer is complex, but it is also very simple: Because they trust the interpreter.

During their life, most humans will have many experiences with providers of goods and services. They will make decisions, some big and others small, based on their expectations as to the quality of some of those goods and services.  In some cases, because of the nature of the service and the characteristics of those who deliver it, they will select the provider based on trust. This is what happens when a person hires a physician, a lawyer or an architect. We put our lives in the hands of surgeons and airplane pilots because we trust that they will perform as expected. We trust that a civil engineer will build us a house that is safe for our family. We trust that an accountant will take care of our fiscal obligations according to the law.  We trust these individuals and their services because they practice a profession. They are professionals who have studied and demonstrated that they can deliver the service, perform the task.

On the other hand, we pick individuals or businesses for other services, or to get some goods, based on an expected result.  That is why when we go to a restaurant we hope that the food is as good as we heard it was, or when we go to the store we hope that the clothes we are going to purchase will fit, last, be comfortable.  We select the providers of these goods and services expecting a desired result: a fast car, an honest housekeeper, and so on.  These goods and services are commercial, they do not fall in the category of professional occupations.  People can join these industries and with skill and perseverance, not necessarily with a formal education or a scientific skill, get to the top of their trade.  A very capable individual can become the best laborer in any giver industry.  Of course there has to be some trust for these businesses to succeed, but this is on the realm of “trust but verify”. That is why we are not shocked when we see a homeowner by the side of the technician throughout the time he is at the house fixing the refrigerator, but we would never even think of joining the surgeon by the operating table while he performs a liver transplant. The second activity is a professional service and it requires absolute trust.

Interpreters fall into the first category. We are professionals providing a sophisticated, complex, and unique professional service.  Like the airplane pilot, we are a trusted professionals and people trust us to the point of letting us be the source of all information and exchanges when dealing with someone who speaks a different language they do not understand.

I have always believed this to be one of the most important characteristics of our craft. Ours is one of very few fiduciary occupations. It is for this reason that I reacted the way I did when I recently faced a situation where they questioned these essential characteristics of our profession.

I consider myself very fortunate because after many years of hard work, I have developed a portfolio of very good clients who value my work and show it on the way they treat me and remunerate my services.  It is not very common to see me accepting an assignment from an unknown source, but sometimes, because the gig seems interesting, or because I have nothing better to do, (provided that my minimum requirements are met), I accept one of these assignments.

Not long ago, I was sitting at my desk working on the blog when I received an email for an assignment that looked interesting.  It got my attention, so I checked my schedule to see if I was open on the date of the event and I was. I must say that the email came from a well-known agency, but with the exception of a job here and there many years ago, I had never really collaborated with them on an assignment.

I responded to the email providing the information they requested: my willingness to take the assignment, my availability on that date, and my fee.  The person from the agency got back to me very quickly to let me know that it all looked great, but they would need me to go lower on my fee. I immediately answered with a resounding: No!

At that point, I thought that this was the end of the story; that just like so many other times in the past, they were going to apply me the silent treatment.

To my surprise, the agency contacted me again on the following morning; this time it was a different person, a supervisor I was told, who wrote to me and stated that she had googled me, that they had asked around, and that after their little research, they had agreed to my fee, and if I was interested, they would love to have me as part of their team for the assignment. I said that I would do it, but that I needed to discuss payment terms with them before going any further. I explained that I have an invoice system that I use, and that I needed them to honor my invoice like the rest of my clients.  It was explained to me that the company’s policy was to use their payment system and invoice forms. I again emphasized the fact that I would only take the job if they agreed to a simple invoice by email process with no other hurdles. I explained that I sell my time and the hours or minutes I was going to spend working on their forms would not be paid by anybody.  The agency representative answered that my conditions were agreeable, and all I had to do was to email them an invoice after the assignment. I agreed and that was the end of the negotiations, which by the way, I have in writing.

Several weeks went by until one day I received an email with the materials for the assignment. Everything was fine to that point, but as I kept on reading until the end of the message, I discovered that they had sent me some forms to fill out, indicating the time I started and finished interpreting. On top of that, they requested that I call the agency at the moment I arrive to the venue, and that their client’s representative sign the form “certifying” that the assignment had indeed started and ended at the times written by me on their form.

I had never been asked to do anything like this before. I felt insulted and got very upset.  They were checking on me, just like they would on the Maytag Man, to make sure I had worked, and my word was not good enough for this folks; they needed me to prove that I was at the event, so they told me to call them; and my credibility was so poor that they needed another individual to vouch for me.

I took a deep breath, actually, I took several, and afterwards I thought of the absurdity of this policy. It was clear to me that they had this rules in place because they did not trust me, and did not trust any of my colleagues. The thing I could not understand is: If they have their doubts about the time I show up for the assignment and about whether or not I actually rendered an interpretation, how is it possible that they let me interpret from a foreign language that nobody in the room understands but me and my booth mate.  They got it all backwards. I felt disrespected by this “interpreting” agency, and I felt that they had insulted my profession.

After a few minutes I wrote them back, indicating that I was not used to be under the surveillance of anybody, that I was a professional who sells his time, skill, and knowledge by providing a professional service, and that I have always expected to be treated with decency, respect, and as a professional. I added that I could not agree to their corporate policy, and for that reason, I was declining the assignment.  It was not long before the person from the agency wrote back, and her email was very telling. It read as follows: “…We regret that (you have) declined the assignment. We agreed to pay you above our usual rate, but unfortunately, we cannot waive the other requirements. This is our policy and it is very similar to that of many others in the industry…”

That is the problem, dear friends and colleagues, these agencies expect to deal with us as merchants, not professionals. Key terms such as “rates” (like a merchant) instead of “fees” (like a professional), give us an idea of who they are looking for in the “industry”. To take one of the words this agency used on their final email: “Unfortunately”, interpreting is not an industry, it is a profession. We cannot work under mistrust, nor for a client (who they would probably call “customer”) who comes to our environment with the same hopes and expectations that you have when you enter the drycleaners.  I deal with clients who trust me to do my work just like I trust the dentist who drills holes in my teeth.  We are a profession. Industries deal with their service providers as laborers, I will stick to those businesses who deal with me as a professional.  I now invite you to share your comments or similar experiences when an agency or a direct client has viewed you as a factory worker and not as a professional.

Things to look for in an interpreting contract.

December 8, 2015 § 4 Comments

Dear Colleagues:

There has been a lot of discussion about interpreting services contracts in the past weeks.  The SOSi immigration court interpreter contract was a trending topic all over the social media.  Many colleagues debated, attacked, and defended parts of the contract like I never saw before.  This circumstance, together with other events in the professional world that involve contract negotiation (and the contents of the agreement itself) such as all federal contracts that were up for renewal at the beginning of the new U.S. federal government’s fiscal year, several irregularities with some state government contracts that appeared prior to their new fiscal year in August, and just the wording of quite a few contracts drafted by interpreting services agencies, large and small, made me think long and hard about the importance of negotiating an agreement and reviewing the letter of the proposed contract before committing myself to anything by the power of my signature.

Signing a contract is a very important act that can impact our professional career and reputation for a long time. It is not, as some colleagues may think now and then, a simple ceremonial thing that needs to be done in order to get the big assignment or the prestigious event. A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. (Black’s Law Dictionary). As Samuel Williston puts it, “A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty…” (A treatise on the Law of Contracts §1, at 1-2. Walter H.E. Jaeger ed., 3d ed. 1957)

I suggest that we should all reflect on the meaning and magnitude of the concept above, and apply ourselves to the negotiating of the terms and conditions that will govern our professional services with a client, and that we review in detail the final document that the client (whether it is a direct client or an agency) tenders for our signature before we undertake any obligations.  In fact, I recommend that before signing any agreement, you give your attorney a chance to review the terms of the contract to see if there are any “unwanted” harmful terms. Even if you do not have an attorney who regularly works with you, I encourage you to get one. It is that important, and in most countries it is tax-deductible as part of the cost of doing business.  Just think for a moment: the other party had a lawyer draft the contract, that attorney is being paid by the party who has an interest in the delivery of the professional service that is different from yours, and many times it is the opposite.  Although ethical and professional, the job of the counterpart’s attorney is to protect his client’s interests, not yours.  Just like you would never enter a car race on foot while the others are driving a car, you should never sign a contract unless, and until, you are familiar with all of its contents because all of your questions have been answered to your satisfaction, and all your concerns have been put to rest.  Remember: You are an interpreter and you provide a professional service.

There are different types of contract that you will encounter during your professional life; government agencies will always have their standard contract, some large agencies, corporations and organizations will have their own contracts as well.  Smaller agencies and direct clients will likely accept your version of a contract or will adapt their own document to your demands and suggestions. Finally, some of your regular clients may not use written contracts. They will negotiate assignments with you more informally. That is fine, but remember, the document is not the contract; the contract is the meeting of the minds, the agreement of the parties. In other words, even in these cases you have a contract.

I always review all contract conditions, even when dealing with the government, and when I dislike a certain term, or I consider necessary to add some conditions, I propose the changes. You will be surprised to learn that more often than not, the counterpart agrees to the amendments to their standard contract. By the same token, I am also flexible and open minded about the counterpart’s proposals and suggestions. I always consider them and give them a lot of thought. On many occasions I agree to the changes, provided they do not leave me unprotected and the potential risk is something I can live with.  Finally, in the case of a regular client who never signs any documents with me, I always put all essential terms of the verbal contract in writing and send them to the client by email as a memorandum of understanding, stating very clearly that by receiving the email and not taking any action within the first 24 hours, the client is consenting to the terms and conditions included on the email. This way essentials such as type of event, dates and location, scope of services and fee are always included, as well as reimbursement of expenses, travel costs and fees, late payment penalties, cancellation policy, and standard working conditions according to the type of assignment (equipment, booths, team interpreting, materials and glossaries, etc.)

As we see above, contracts can come on different presentations and they originate for different reasons depending on the client who drafted the contract; but, regardless of the type of contract, there are always certain things we should look for in an interpreter contract. I will share with all of you some of those items I look for in all contracts, and I hope this helps you as much as it helps me; however, I would like to make it very clear that my suggestion is that you always go to an attorney before signing any contract. The following are just suggestions that have worked for me, but in no way they are intended to constitute legal advice of any kind. All situations are different and I do not know your particular situation, so please understand that this is not legal advice. Only your lawyer can give you that kind of professional help.

These are the things I look for in a professional contract:

First. The scope of the service. I always look for the specifics: What the client is actually retaining me for. It is very important because some clients have the idea that once you are hired, you are theirs during the assignment to do anything that they consider part of the service. They are wrong. You agreed to perform a certain service and you are only getting paid for that service. Nothing else. Be careful about services description that may “include” translation services, being responsible for giving out and collecting interpreting equipment, other peripheral interpreting services not previously discussed such as dinners, press conferences, book signings, etc.

Second. I always pay attention to the wording because it tells me a lot about the client. I look for “telling” words such as interpretation industry (instead of profession) and in the case of an agency, how they refer to their end client: If they refer to them in the contract as “the customer” instead of “the client”, we will have a very difficult relationship because it is clear that my profession is an industrial commercial activity to them. I always discuss these issues when present in the contract, educate the client about the profession, and usually they agree to change the contract’s terminology (at least for my assignments if not for the rest of my colleagues)

Third. The grounds for termination of the contract. This is a crucial item because an early termination could impact your income for at least a few days or weeks. The reasons to terminate a contract early have to be fair, and they should include both parties. I have found many contracts where only the client can do an early termination. That is wrong, unfair, and highly suspicious. The grounds should apply to both parties, and in long-term contracts, they should include the lack of payment or late payment of your fee as a cause for early termination.

Fourth.  The famous confidentiality clause that although redundant since we are professionals and as such are legally and ethically bound to this duty of confidentiality, it should be included for the peace of mind of the client and his attorneys; however, the same provision should always include that the confidentiality will be observed with the exceptions of law. Yes, the law allows you to break this duty of confidentiality, even in the client-attorney privilege case, when there are certain facts that justify the lifting of this duty. For example, if you have to file a lawsuit against your client for lack of payment, or when your client sues you and you need to defend yourself. In those cases (and others) the law allows you to break the duty, limited to what may be necessary, to defend yourself or to exercise legal action.

Fifth. I look for cases where the client contractually limits his liability, and when I find it I do not like it and demand that it be changed. Although many legislations permit that an individual’s liability be reduced or limited by agreement of the parties, it is ridiculous for the other party to suggest, and for you to agree, to be exposed to all kinds of damages in case of a lawsuit, while the agency and the end client just sit and observe how you lose your business (in one of the best possible outcomes) or all of your assets and life-long savings (as a very good possibility). This is a no-no. Everybody should have the same exposure and respond for the damages caused according to their contribution to the loss. This is a very good reason why the parties should always request a copy of the other parties’ liability insurance certificate.

Sixth. There are some provisions that raise many red flags as they denote a clear intent to tilt the balance in favor of one of the parties (and that party is not usually you). Any provision that makes it illegal for the interpreter to talk to the media about the terms and conditions of the contract, unless we are dealing with information protected by the duty of confidentiality or the client-attorney privilege, and all clauses that force you to “consent” to resolve any controversies through arbitration instead of going to court are a huge warning sign.  You see, businesses prefer arbitration because it is less expensive, but mainly, because they get to “pick” the arbitrator. Unless you know several arbitrators that you trust, which is unlikely, they will always get to suggest the arbitrator. This individual will know them, it is very likely that he has presided over other arbitrations with the same party, and he will probably, be inclined to keep the client (your counterpart) happy for business reasons into the future.  Of course this last part cannot be demonstrated and I have no basis to claim that this is what happens during arbitration. The question is: Are you willing to take the chance? I personally would not do it. I would seek justice in the court system. Yes, it will take longer, but impartiality is more common in the courtroom, and if you win, the losing party may have to pay your attorney’s fees.

Seventh.  All terms and conditions must be in writing and they must be part of the written document. Even those terms and conditions contained in an appendix to the main contract should be referenced to and identified within the body of the contract by a number or a letter. Make sure that all attachments are signed by all parties, and dated with the same date as the main contract.  Most legislations abide by the parol evidence rule which clearly states that all agreements previous or contemporary to the signing of the contract must be in writing and appear as part of the physical agreement. Those that do not follow this rule will not be considered as part of the contract.  Be very careful with all those promises and concessions on the side.  They are not part of the contract unless they are in writing and in the document itself.

Eight.  Travel expenses must be included in the contract. The document should clearly state what expenses are reimbursable: airfare, hotel, ground transportation, Per Diem, photocopies, etc. It should also spell the fees payable to the interpreter on traveling days.  Remember, you provide a personal professional service. You cannot provide your services to two clients at the same time, so on the days that you travel to and from the assignment location, you are not working for any client. Unless you like to lose money, you should clearly negotiate and include in the contract your travel fee. There is a cost of doing business, but you should never lose money for accepting an assignment. Maybe one half of your regular fee should be a fair compensation for your travel days. Make sure that reimbursement of expenses for travel days are for total expenses. You can charge a lower fee, but you cannot fly, sleep or eat for less money just because it is a travel day.

Ninth.   The cancellation policy will always be in the contract. I would never sign an agreement that does not deal with this issue.  This policy needs to be negotiated taking into account the time between the cancellation and the cancelled event.  The fact that your client just found out of a cancellation that was decided two weeks ago is no excuse to lower your cancellation fee. It is your client’s obligation and duty of due diligence to be on top of everything the end client is considering, pondering, thinking, and doing.  A last-minute cancellation should require a full fee and reimbursement of all monies disbursed to that point.  Remember, it is not your fault that the client lost the event. That is his risk, not yours.

Tenth.  A good contract should cover payments in detail: amounts, timetables, and penalties in case of late payment.  Just as you had to show up to interpret on the set date, and not 30 days later, the client has the obligation to pay you on the day agreed to, and if he does not, then you must be compensated by virtue of a penalty clause that provides for compensation in case of any delays.  This is extremely important with smaller agencies who sometimes come to the interpreter crying poverty and asking for more time to pay you because their client has not paid them yet.  Although some of you may be tempted to give the small business owner a break, I am not. Do not lose sight of reality: This individual is your client. He is not your partner. Only partners share the risks of doing business. He is not sharing his pay with you. You should not share in the risk. He pays you or else… Where he gets the money from is not your problem.  You should also look for unacceptable provisions, usually inserted by larger agencies, about penalizing you by retaining part of your (already earned) fee.  They often include deductions based on what they consider your “performance” and deduct part of the money you already made. This is unacceptable and illegal.  Nobody should agree to give up part of his fee based on the assessment of others, much less when there are no safeguards in the contract such as notice of the intent to deduct part of the fee, and a mechanism to have a hearing before an impartial authority. How about letting a real judge deal with this issue? Agencies should never get that power from the contract- signing interpreter.

There are many more points to be included and reviewed by the parties, but I believe that at least these basic elements put me on a leveled field with the client as equal parties to a contract. I now ask you to please share any pointers or comments you may have on this very important professional issue.

Video Remote Interpreting: Agencies do not see what I see.

November 9, 2015 § 9 Comments

Dear Colleagues:

Video remote interpreting, or VRI as it is widely known, is one of those topics that are difficult to discuss because some multinational agencies have turned it into an emotionally charged subject.  Those of you who know me personally, and the friends and colleagues who read the blog, know that I have always been a pro-technology individual, that as an interpreter I embrace technological changes and the benefits that come with modernization; and as a person who loves to study history, I recognize that technology has come to the interpreting profession, including VRI, and it is not going anywhere.

In the past, I have written about the benefits of working remotely by video, about how this change is helping us, the interpreters, to work more and better assignments that we could not do before because of the limitations of time and space. I have also told many of you, and I repeat it right here, right now, that even with its deficiencies and set-backs, VRI technology is getting better every day.  I have no doubt in my mind that the day when we don’t worry about VRI technology more than we presently worry about conventional technology in the traditional booth is just around the corner.

To this point everything looks good and promising. It is when you begin to factor in all the other sideshows that generally accompany VRI interpreting that we see the dark side of this issue.

There are some good and honest agencies all over the world; we interpreters know who they are and wish to continue our mutually beneficial collaboration with them; however, during the last two or three years we have been bombarded by these multinational interpreting agencies, and some others not quite as big, who have undertaken the task of proselytizing all the interpreters and all the students of interpretation they can find. It seems that you cannot attend a professional conference anymore without having to sit through a presentation by an executive or an administrator of one of these entities, who almost never is or was an interpreter, and listen to their interpretation of the new reality in our profession. They skillfully present an extremely one-sided view of the changes created by VRI, and launch their efforts to convince the individual interpreter to blindly accept their conclusions and conditions as the only truth.  Dear friends and colleagues, I see things very differently from my perspective as an individual independent interpreter. Let me explain:

The multinationals and the smaller agencies that from now on I will respectfully refer to as their “junior partners” want me to believe that there is this great new technology that is being provided by these huge agencies and their junior partners, that they know how it works and that for this reason they are entitled to be the ones offering this technology to the client (who they often refer to as customer because they see interpreting as an “industry” not a profession). While they are telling me this, I see that they never mention the inventors and researchers, that these individuals are not invited to the conferences and seminars because it is not in the multinationals’ best interest that we, as mere interpreters, meet them and start a direct relationship with the creative talent, thus bypassing the middleman in this equation also known as the agency.

They tell us again and again that VRI changed the old rules and that from now on interpreters better get used to the idea that they will make less money because, by eliminating the need to travel to the site of the event, it will be cheaper to deliver interpreting services. It is just a consequence of modernization. The problem is that what I see are multinational agencies and their junior partners generating all-time high profits because, despite of the savings in travel and other logistics that VRI eliminates and therefore the end-client would not be willing to pay anymore, by reducing the interpreters’ fees because the service is now rendered remotely, they now keep a bigger share of the professional fees paid by the client for interpreter services. I see that an event covered remotely will eliminate travel-related costs, but the professional service of the interpreter is exactly the same. The fact that the interpreter is working from home or from a facility near home instead of from a booth on the other side of the world is irrelevant for the rendition.  There is no logic, there is no reason, and there is no moral justification to demand that a professional interpreter work for less because of his physical location.

They tell us that VRI interpreting for these multinational agencies and their junior partners benefits the interpreter because she will not have to “waste” two days traveling to and from an event. Instead, she will be able to take a second assignment for those “traveling” days; therefore, she will have a higher income.  The problem is that I see a professional independent interpreter, who owns her time, deciding to work one assignment, two, or none. This is a personal decision that has nothing to do with the multinational agency or its junior partner as it does not impact the interpreter’s performance during the assignment with said entity.  There is a good chance that there may not be other assignments available for those days, and in that case, you could argue that the interpreter would actually make less money because she will not be paid the travel fee anymore. I do not include this in my judgment because it is part of the risk of being an independent professional interpreter. It has nothing to do with the multinational entity.

They tell us that healthcare and court interpreters will be better off with VRI because instead of spending hours getting ready to go to work, traveling to the assignment, and waiting for their medical appointment or court hearing to take place, they can stay home and play with their kids, do some gardening or work in their car. It is a win-win situation!  Unfortunately, what I see is an interpreter who goes to the hospital, clinic, courthouse or jail because that is his job, being forced to accept one or two hours of work paid by the minute, instead of a full day of paid work. People go to work because they need to make money. Many would love to stay with their children, plant a tree or fix the attic; unfortunately you don’t get paid for any of those things. That is what vacation is for.

These entities tell us that thanks to VRI many indigenous language interpreters are now working with hospitals and emergency rooms; they brag about this. They are helping these generally ignored and forgotten interpreters. That is not what I observe. When I look at these indigenous colleagues, I see rare and exotic language interpreters providing professional services for a very low fee. We all know that our colleagues in rare and exotic languages command a higher fee than those of us who have a more conventional language combination.

The multinational agencies and their partners tell us that they are the ones who know the market, that as interpreters, we may know how to provide the service, but it is the agency that can get the clients. What I see is that we as interpreters know many people that they do not know. We are in the trenches with those who make an event successful. These are the players that we can go to and keep the interpreter service a reality. They do not know many of them.

These agencies tell us that they are the ones who make sure that interpreters provide their services ethically and professionally. Unfortunately for those who believe this idea, I cannot see how one of their employees, somebody less experienced and with less formal education than the interpreters she “coordinates” by micromanaging and setting demeaning practices used in unskilled labor markets, can do a better job than a professional who will still be around a year from now. Most of these agency employees will not.

The multinational agencies and their junior partners often say that there are many interpreters who are very happy working for them under the existing conditions. What I see is a group of individuals who are scared to death of losing that rock-bottom income that together with their spouse’s wages makes it possible for them to survive. They are too afraid to speak up. Of course, I would not doubt that there may be some who are suffering of the Stockholm syndrome.

They tell us that they are training interpreters, that they are helping them to improve their skills. In reality, what I see is, in my opinion, no more than a bunch of laughable tests and online courses claiming to help you become an interpreter.

These multinational entities constantly say that there are not enough interpreters in the market to meet the current demand. That they are working on training more people to fulfill these need. Unfortunately, all I see is many good interpreters sitting at home without work because they refuse to work under such insulting conditions as the ones often contained in these agencies’ contracts.

Multinational entities and their junior associates tell us that it is them who know the technology; that we do not, that many interpreters are reluctant to learn how to work with VRI technology because they are afraid of the new tools. The truth is that every day more interpreters are getting tired of the middle guy who adds no value to the service and can be replaced at the blink of an eye. Interpreters, inventors and researchers can work together directly.  As far as learning the technology, do not worry. All I can say is that there are many more college degrees on this side of the table. Interpreters will learn.

These are my opinions, it is my perception of what is going on. I truly believe that we as interpreters need to develop a direct relationship with innovators to be in a position where we provide VRI services in a professional dignified way that includes the most essential part of this profession (because it is not an industry): the individual interpreter, embracing those honest agencies who understand their role in this profession and do not try to go beyond, and eliminating all those prone to abuse their position and willing to impose their personal insatiable desires over the professional services they claim to provide.  I now ask you to share your comments on this issue, and to refrain from coming in here to defend the philosophy and practices of the multinational agencies and their junior partners I refer to throughout this entry.  They have plenty of spaces where they can continue to serve the Kool-Aid. We have very limited venues to express our opinion.

Attention interpreters: Butcher or Surgeon?

October 5, 2015 § 2 Comments

Dear Colleagues:

For many years I have devoted a considerable part of my time and efforts to promote, develop, and defend the professionalization of our interpreting services. There have been many times when I have been left with no other choice but to fight against the usual forces that tend to diminish, manipulate, and erode our profession:  Greedy agencies who want to hire anybody, regardless of skill, knowledge or qualification, if this move will translate into a greater profit; Ignorant clients who cannot see the difference between speaking a foreign language, and actually interpreting to and from it; Self-serving bureaucrats who care about nothing other than their petty jobs and the opinion of their superiors within their sad organization; and mediocre “wanna-be” interpreters who constantly try to lower standards and expectations in order to fit in the ocean of cynicism and falsehood where they swim portraying themselves as professional and apt individuals, disregarding the nefarious consequences that their devastating services will undoubtedly cause those for whom they “interpret”.

Interpreting is the oldest bilingual profession on earth, but its modern version is relatively new all over the world. Because of historical and empirical reasons, some fields of interpretation have developed faster than others, and for the same reasons they are better regulated, known, and respected by both individuals in the field of communication, and the population at large.  In some parts of the world interpreting services have been part of the legal process for centuries, and due to current tendencies, globalization and commercial relations among all nations, their services are among the better-known and more strictly regulated interpreting services.

In the United States, Europe, and many Latin American countries, oral adversarial legal proceedings and intense trade have produced the certified, licensed, qualified interpreter who has passed through some knowledge and skill assessment process, and complied with legal, ethical, and professional requirements. Many of them have the benefit of a formal professional education as interpreters, attorneys, or other law-related fields which allow them to learn and understand highly sophisticated concepts and the complexity of the legal process.  Because of the subject matter they have to work with, the magnitude of the consequences of those acts and proceedings they participate in as interpreters, and the legally established and sanctioned certification process to be able to work, these individuals are considered by the legislation not only professional service providers, but professionals of a specialized discipline: These interpreters practice legal interpreting.

It is important to keep in mind that not all legislation and systems are at the same developmental level, and even the most evolved ones are far from satisfactory; they do not cover all scenarios or proceedings yet, but they constitute a series of steps in the right direction, and reflect the efforts of hundreds of interpreters, legal experts, administrators, activists, and others who have fought very hard to get to the place where we find ourselves now.

In the United States, interpreting services in a legal proceeding are constitutionally required in all criminal cases, and thanks to the Civil Rights Act, they are mandated in all other proceedings where the federal government is financially involved. There are currently several states that have also incorporated this essential service into their own legislation.

The nature of the services rendered by the interpreter in a legal context are professional as they are linked to the practice of the law by attorneys, judges and other officers of the court. Attorneys cannot practice law without a license, patent, or certification that allows them to present themselves as lawyers, and provide legal services such as advice and representation to their clients.  Judges have to meet many requirements to be able to do their jobs as well.  There is no doubt that it is for this reason that legal interpreters are required to be certified. Just as the attorneys, in the United States an interpreter can be certified at the state or at the federal level.

Attorneys, judges, and their interpreters deal with matters that can impact the life, freedom, pocket, or reputation of an individual. This makes them a very special group: They are subject to rules and canons no other professionals have to observe. It is so important, that nobody can practice law without first been admitted to the bar, (http://www.americanbar.org/content/dam/aba/migrated/cpr/model-def/model_def_statutes.authcheckdam.pdf) and those who violate the law are subject to penalties that can go from a fine to the loss of freedom. It is a crime to practice law without a license (http://apps.americanbar.org/publicserv/immigration/notario/california.pdf). In the United States, with some exceptions that we are working to eliminate, court interpreters must have a certification or license to be able to provide their services in court when interpreting to or from a language that is part of that state’s certification program. Dear colleagues, this is extremely important, because it is an essential step in our road to full professionalization and recognition of the profession.

Court interpreter certification programs and legislation have a long, long way to go, but so far we have been moving in the right direction.

As an attorney, when I used to practice law, there were few things that bothered me more than to find out that a non-lawyer was practicing without a license and hurting people.  These individuals exist. They are out there, preying on the most vulnerable communities, among them, those who cannot speak the language of the country where they live. There have been many cases of “notarios” busted for practicing immigration law without a law license.  I applaud the efforts of the attorney bars and government agencies who are constantly looking for these predators.

I have not practiced law for a long time, and during all these years I have felt the same way every time I see someone who is not certified to interpret in a legal setting. Unfortunately, the response from professional associations and government authorities has not always been the same as in the case of “wanna-be attorneys”, but there has been progress.

That is why it really bothers me that some are trying to undermine this quest towards professionalization by diminishing the importance of the practice of legal interpreting and by proposing solutions that do not match the legal system philosophy nor satisfy the needs of the parties involved in a legal dispute.   Individuals moved by greed, ambition, or perhaps mere lack of knowledge of the practice of the law have suggested, and are trying to implement, the notion that “not all legal interpreting requires of a certified court interpreter”.  They have erroneously concluded that Article 1 courts do not need of the services of a certified court interpreter, and that many legal acts that involve attorneys and legal advice should be left to community interpreters who will have a different set of skills and a lack of knowledge of substantive and adjective law, including the rules of evidence.  In other words: instead of joining in our struggle to achieve excellency in all fields of legal interpreting by preparing, training, and certifying as many court interpreters as necessary, they have decided to set back our fight for professionalization by arguing that less-prepared interpreters will meet the requirements to practice in legal settings that are outside Article 3 courthouses.  They are playing a very dangerous game. Let me explain:

Currently in the United States only court proceedings before an Article 3 court are required to use the services of a certified court interpreter (if certification into that language is available) Article 3 courts are those that are part of the judicial branch or a government (federal or state). Unfortunately, as of today, Article 1 court proceedings do not require the services of a certified court interpreter (if certification into that language is available) at the federal level and in many states. Article 1 courts are those that are created not by the federal or state constitution, but by congress or a state legislature and are part of the executive branch of government (usually with a degree of independence). They are commonly known as “Administrative Courts”.  Some examples would include, at the federal level, Social Security Hearings and Immigration Courts (EOIR) and at the state level, the most common administrative courts are Worker’s Compensation Courts.  Articles 1 and 3 refer to the articles of the U.S. constitution.

Those in favor of de-professionalization of court interpreting by lowering the requirements needed to work in a legal setting argue that certification only exists for “court interpreting” and not for “legal interpreting” and that administrative courts are less formal than Article 3 courts. For this reason, certified court interpreters should not be necessary.  They also argue that many of the services provided by an attorney are more “community interpreter-related”, making community interpreters better equipped to assist the attorney’s client, as they are more apt to provide feedback to the attorney about cultural nuances than a court interpreter who is very rigid and strict due to the formal court setting training they receive. This is scary and far from the truth.

The first argument that administrative hearings are less formal than a hearing before an Article 3 judge are nonsense. It is true that the proceedings are more relaxed and not as rigorous in an administrative courtroom, but the rules of proceeding and evidence still apply. Attorneys and judges still argue the law, and legal theories are presented with pro and con arguments by the litigants.  Because of the complexity of all of this, and because of the importance of what is being decided, all those lawyers appearing before an administrative judge have to be admitted to practice law in the jurisdiction where they are providing their services.  A law student who does not pass the state bar is as barred from practicing law in an administrative court as he or she is in any court of the judicial branch of the government.  Administrative judges are also attorneys and receive special training to be judges.  Both, attorneys and judges are professionals; we are professionals too. Only certified court interpreters should be allowed to practice in administrative hearings. The complexity and sophistication of the issues before the court require of a professional specifically trained in the legal field to interpret. Nothing less in acceptable. How can somebody interpret something he or she does not understand?

The second most common argument is that current legislation does not require of a certified court interpreter for those legal services that happen outside the courthouse.  It is true that the current law is not clear in this regard, but that does not eliminate the need for a competent specialist who is familiar with the law and procedure.  The law clearly states that all services performed by an attorney that involve legal advice or practice must be provided by an individual authorized to practice law in the given jurisdiction.  Why is the law requiring a licensed attorney to discuss the case with a client, prepare a witness, or conduct a deposition? Because of the highly sophisticated concepts and terminology that will be used during the meeting. Only a certified court interpreter who knows and understands these topics can successfully and safely assist the attorney during these activities. Performing any of the above or similar acts by an individual not admitted to practice law in the jurisdiction is considered unauthorized practice of the law, and that is a crime. For the same reasons, a certified court interpreter should be used at all times.  To the argument that certified court interpreters are not prepared to be cultural brokers or advisors to the attorney in these settings because their training has been too formal and strict, all I can say is that, without putting anybody down, it is very likely that the certified court interpreter will do a better job at bridging this gap between the attorney and his client (not the interpreter’s) because they are usually more experienced and better interpreters than most community interpreters. Moreover, they will also detect cultural hurdles in the legal context that a community interpreter will not be able to notice because of his or her lack of legal knowledge and experience.  To affirm that certified court interpreters will not know how to act and assist the attorney they are working for is plain ignorance. Certified court interpreters know the difference between working as interpreters for the courts where they have to be impartial, and working for an attorney or law office where they are part of the defense, prosecutorial, or plaintiff’s team.  Add to that the fact that they will know the reach and exceptions to the client-attorney privilege in these settings, and the community interpreter will not, or at least will not understand well enough, even if they were just enounced during his training.

There are other paralegal situations and scenarios where a community interpreter can be used without jeopardizing a legal case.  Communications about logistics, social worker appointments, payment plans with the law office, and many others. The golden rule is that when the attorney’s professional service involves a court appearance (any court) an act with potential evidentiary effects (such as a police interview, a law office interview or preparation of a witness) or any occasion where the attorney will provide legal advice or practice law (such as a legal opinion in person or over the phone, or filling up a legal form) the attorney should always be assisted by a certified court interpreter (qualified or licensed depending on applicable legislation) The potential consequences and legal liability of ignoring this rule are enormous as they could impact the life, freedom, assets, or reputation of an individual or a company. When people retain an attorney they expect to see an attorney, they also expect to find a certified court interpreter by his or her side. When you are going to have an operation you want to see a surgeon, not a butcher.

Finally, the argument that the certification is only for “court” interpreting and not for “legal” interpreting, very popular among those who want to de-professionalize court interpreting, can easily be dealt with by remembering that our profession is a work in progress. There is much that we have accomplished in the legal interpreting arena, but there is more to be achieved, among other things, the expansion of certification programs to include testing of civil and administrative procedure. But even without these changes, certified court interpreters are constantly learning and training in all these fields through the continuing education requirements that are in place at the state level, and because of the professional market needs.  Attorneys do not graduate from law school knowing all fields of practice, they graduate knowing where to find what they need so they can learn and understand it applying the legal thinking process they learned in school. It is the same thing with certified court interpreters. As far as the words “court” and “legal” it is probably a better choice to refer to these professionals as certified legal interpreters, but that is just semantics.

Dear friends and colleagues, there is a long way to go, but much has been accomplished in the legal interpreting field. Our efforts should focus on elevating the quality of the profession, not diminishing it. There will always be those who oppose our professionalization, but let them be from outside the profession, not from within. We have to work together to increase the number of interpreters with academic background until it becomes the rule and not the exception; we should continue to encourage other professionals like lawyers, physicians, scientists, and others to join our profession when apt and qualified; we need to strengthen the quality of the certification programs, ideally taking them away from the government just like the attorneys’ bars; and we must demand more and better continuing education programs.

This is the only way to professionalization, full recognition and respect that will ultimately translate into a higher quality service for those in the justice system, and will produce a better income for our colleagues. I ask you to oppose the lowering of the standards and the de-professionalization of court interpreting by sharing this information with your colleagues, attorneys, attorney bars, judges, community activists, and anyone else who may help us defend our profession. I also think that professional associations such as the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States should prepare a position paper in this very important issue. Professional associations are there to protect their members and the profession. I now ask you to share your comments and opinions regarding this crucial issue that threatens our profession at this time.

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