Recorded Renditions, Intellectual Property, Some Interpreters’ Great Contributions, and Some Unfortunate Ones.

Dear Colleagues,

When it was announced that Zoom had added a function to automatically record the interpreter’s rendition without prior notice, consent, or agreement on royalties, I originally decided not to write on this issue as it seemed in good and able hands who understand the implications, have the “know how” to address the needed changes, and can clearly communicate our professional needs to the platforms and others. My view has not changed, but I jumped in due to some remarks I have seen in social media and elsewhere. To contribute to the better understanding of the problem by many of our colleagues, I decided to encapsule the current situation in three main points: (1) What is happening; (2) What is protected; and (3) What needs to happen (and in fact is already happening).

• What is Happening. A couple of months ago Zoom introduced a new function that allows the recording of everything said during a meeting (or conference) including the interpretation of the original speech. This is done automatically, and lets the host of a recorded event go back to the video and toggle between the original sound and its interpretations into other languages. These recorded renditions remain available as a separate audio, leaving the host with the option to widely share the interpreters’ rendition without them even knowing. Notice, consent, and a royalty agreement are not needed to “benefit” from this function, leaving the interpreters, real owners of the interpretation, in a vulnerable position.
• What is protected. An interpretation is the product of an intellectual task protected by International Law as a property right. Human progress and evolution need the intellectual contribution of scientists, engineers, artists, and other individuals who create something of value. Such creations are considered intellectual property and include patents, trademarks, and copyrights, which include the work product of interpreters and translators. These rights are protected by (A) International Conventions, such as the Universal Copyright Convention, adopted in Geneva in 1952, and the Berne Convention for the Protection of Literary and Artistic Works of 1886 (amended in 1979); (B) Bilateral Agreements between sovereign nations, such as trade agreements which often include provisions, and even entire sections dedicated to the protection of Intellectual Property Rights; and (C) Domestic Legislation applicable to all activities within a country, as it is the case of Article 1, Section 8, Clause 8 of the United States Constitution which gives Congress the power to “promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” And its secondary law: The Copyright Act of 1976 (Title 17 USC). Therefore, in most countries in the world, a rendition by an interpreter is considered their property and protected as copyright.  This means that a rendition cannot be legally reproduced or shared by anybody, unless the interpreter, who owns the interpretation, agrees and consents to it; and even in this case, it can only be reproduced according to the limitations set by the interpreter (how many times, in what market, by what means, and for what compensation). The agreement to record and replay a rendition must include a compensation provision establishing amount to be paid and form of payment to the interpreter: a percentage as royalties, a lump sum before recording, or a donation of the royalties by the interpreter when they consider it appropriate (charity work, research, education, religious, etc.)
• What needs to happen. It is clear that Zoom (and perhaps other platforms when catching up) incorporated this function to its platform to make it more attractive to its users and consumers. The idea was to solve a problem: How to reach those individuals watching a recorded event, after its original broadcast, who do not share the speaker’s language. Zoom learned in the past that the platform was more competitive when it reached a worldwide audience, regardless of language limitations. They tried to remove the language barrier by launching their original interpretation function. Later, the listened to their customer’s needs and to the interpreters’ expert feedback and improved the functionality several times. No doubt the results pleased them. They noticed how their competitors also made those changes to remain viable in the market. Unless Zoom acted out of character, or there is an anomaly I am not aware of, it is obvious to me that they never considered breaking the intellectual property laws. They meant no harm to their clients or to the interpreter community.

From the interpreters’ perspective the solution does not seem complicated. A toggle button permitting activate and deactivate the recording function would bring them in compliance with the law, but changes to a platform are not cheap and they require of more than a simple patch in the software. Everything I have heard to this point is encouraging. Some of the most serious professional associations that protect service quality and working conditions of conference interpreters, and some very able, capable, and knowledgeable colleagues have initiated an ongoing dialogue with the platform, and if the past is any indication of the future, in time this problem will be resolved.

What to do meanwhile? The answer is simple, we must continue to include in our contracts the same recording provision we have inserted for years, even when our concerns had to do with being recorded in the booth. Those who have never included such protection clause, and I must confess I find it amazing that interpreters agree to sign contracts lacking any agreement on recording their rendition, start now; insert a clause that clearly states that no recording shall be possible without all interpreters’ consent in writing, detailing all negotiated conditions, including the payment of royalties. There are model contracts you can use as a starting point, and I suggest you talk to an attorney. As for negotiating with the client or event organizer, read and learn about intellectual property, and use AIIC’s memorandum concerning the use of recordings of interpretations at conferences of 2016. It will give you plenty of arguments to negotiate with your clients. Litigation is expensive and lengthy, and should be kept as a last option, but these negotiations and a good contract will also act as a deterrent.

As a practical matter, I also suggest you do what I do: Take advantage of the dry run session to bring up the subject with all present; briefly explain what you need (that no recordings be shared without your consent and compensation) the risk of breaking Intellectual Property Law, and the message you are part of their team, and are trying to protect them by pointing out these scenarios before it is too late. Then, on the day of the event, let the host know that at the beginning, as they are explaining how to use the simultaneous interpretation function, you will post a message to all those attending, reminding them that sharing the recording of an interpretation violates the law, even if the platform technically lets you do it. It has always worked for me.

I cannot end this posting without mentioning that despite all great letters and conversations our professional associations and some of our distinguished colleagues have held with Zoom, directly and on social media, there are some unfortunate comments and postings by others that hurt our efforts because they perpetuate the stereotype that we are not really professionals. I am referring to some comments on line about the “damage to us as interpreters” the “burden it creates” or the threats to “bring a class action lawsuit” against Zoom.

I say to all of you, even though these platform changes can impact all interpreters who use Zoom as a tool, it is really conference interpreters who could see a quantifiable effect in their professional practice. Court interpreters’ rendition is part of a public record, and healthcare, school meetings, client-attorney virtual meetings, and other community interpreting services, could have a confidentiality/privilege problem, an unrelated issue to recording an interpretation in a conference, but their interpretation do not face the problem these posting deals with.

Professional communications, as the ones required in this case, should focus on the task and show the perspective of all involved. Complaining about how a recording will hurt you, and asking the platform to solve your problems and protect you because of “poor me” do not help one beat. Fighting words directed to the platform because now you “have to write a contract to protect you” do a disservice to the profession; Talking about class action lawsuits without knowing what is required, how complex, expensive and lengthy they are is just another way to show you are not acting like a professional well-informed in the business world. In conclusion, I am fine, I believe there has been progress that will eventually solve this issue, and the involvement of those participating in the dialogue has been very good.

The scary things deposition interpreters post on social media.

Dear colleagues:

There are at least two very disturbing things happening on interpreters’ social media: colleagues posting information and images of distance interpreting conference assignments they do (we will discuss this issue separately at a later time) and interpreters complaining or editorializing depositions they interpreted.

It is common to see social media posts by legal interpreters complaining about the things attorneys do in a deposition. Comments like: “I wish attorneys spoke plainly so deponents understand the question;” or “attorneys object to everything because they know their case is a loser;” or “attorneys object in depositions to preserve grounds for an appeal,” are not just unprofessional, they are wrong, and they show the interpreter commenting does not observe the ethical duties of confidentiality and client-attorney privilege, does not act as an officer of the court, and they show this interpreter knows little about depositions, an essential skill to work as a legal interpreter providing this service. I am concerned about this trend because it puts all legal interpreters in a bad spot. Legal interpreters must be trustworthy, and no attorney in their right mind will retain the services of an interpreter who gives play-by-play accounts or opinions of what happens at a deposition and posts them on social media for everyone to see. Hiring such an interpreter would be attorney malpractice.

Attorneys asking the questions in a deposition represents the opposing party, and they are there to find a factual basis to advance their clients’ interests. Depositions are part of the discovery in a civil case through fact-finding and impeaching. Helping the deponent would be malpractice.

Attorneys who object to what is said at the deposition are doing their job and fulfilling one of the attorneys’ duties: to vigorously represent their client. Attorneys do not object to preserve grounds for an appeal; they do it to preserve a record in order to file motions to exclude testimony or other evidence from the trial. Objections to questions not raised at a deposition are treated as waived and lawyers cannot raise them later at trial. To appeal there needs to be a court decision or determination, and depositions take place before there is a trial. When an objection is made during the deposition, judges have not ruled on any evidence or testimony presented during the deposition. Posting comments such as the ones I included above will show the interpreter ignores the purpose of a deposition. This will hurt the profession and directly harm this interpreter who will never move on up to the high-profile cases, and the most prestigious law firms worldwide.

Before accepting an assignment to interpret in a deposition, do your homework, learn the law, find out the parties’ role, and understand depositions are not court hearings, and court interpreting does not qualify as deposition interpreting experience. After taking the assignment, abstain from posting comments or opinions on social media. Even positive comments may violate confidentiality of client-attorney privilege rules. Limit your postings to general topics and stay away from the specific case. Ninety-nine percent of the time, interpreters at a deposition are not there working for the foreign-language speaking deponent or their attorney. They are retained and paid by the attorney asking the questions. Before we interpret, it is a good idea to find out who hired us, directly or indirectly through an agency, before we badmouth a lawyer. I now ask you to share your thoughts on this issue.  

Lack of understanding, common sense = constitutional conflict in court?

Dear colleagues:

I recently learned that some federal district courts got involved in the way federal prosecutors pick their interpreters for hearings. I have practiced in federal court for many years, and the decision on who will interpret for the office of the United States Attorney has always been left to the prosecutors who know the case better than anybody else. This means they, and their prosecutorial team of paralegals, investigators, detectives, and law enforcement agents, know the language complexities of a particular case, and therefore, better equipped to decide who they need for that interpreting assignment.

I do not dispute that some districts, because of a lack of federally certified court interpreters, or out of plain ignorance, have never tried a case where the assistant U.S. attorneys (AUSA) have their own interpreters for a trial. Some districts are so small, the AUSA office does not even have a staff interpreter. Some districts are so remote, that even the court tries cases with unqualified court interpreters (usually certified or accredited at the state level) because it is next to impossible to get somebody to the courthouse. Evidentiary hearings and trials require that an interpreter be physically present at the hearing. Remote interpreting is not a viable option for these proceedings.

That some have always followed this practice does not make it right, and courts in districts in urban centers where federally certified court interpreters are available have no reason to inject themselves in what should be an internal process of the Department of Justice. Let me elaborate:

The American legal system, and all legitimate legal systems in the world, are based on an independent judiciary free to decide with no pressures or fear of retaliation. The United States Constitution recognizes and enshrines this principle through the separation of powers. The Executive Branch of the federal government originates from Article 2. The Judicial Branch stems from Article 3.

With administration of justice in a criminal case, all individuals in the United States have the rights and protections established by the Constitution and secondary legislation; mainly, the right to a public and fair trial by their peers, starting with a presumption of innocence, charging the Executive Branch of government, through the United States Department of Justice, with the burden of proof, beyond reasonable doubt, in an orderly regulated process, presided by and controlled by the Judicial Branch of government. To put it simply: Because the government cannot be judge and party, it is an agency from outside the Judicial Branch, in this case the Justice Department, who prosecutes the case on behalf of the U.S. government, including the citizens that the government must protect from the bad guys.

We can see that having the burden of proof is no small task. Federal prosecutors must investigate de facts, test and evaluate the evidence found, and prepare a case that will persuade the jury and judge of an individuals’ guilt beyond reasonable doubt. If successful, the Justice Department will meet its duty to protect society. This is no easy task; it also means that individuals will lose their assets, their freedom, and even their life.  A prosecutorial team must have the best team available to fulfill its function, and that is extremely difficult.

Federal prosecutors must call witnesses to testify in the trial. When these witnesses do not speak English, their testimony must be interpreted into English to benefit the defendant, the defense attorneys, the judge, and the jury. It is only then, after the rendition of the interpretation, that the defendant will have exercised his constitutional right to confront the witness or accuser. It only after the rendition that a judge or jury can assess the credibility of the witness. It is this time they will decide if they believe all, part, or nothing of the witness’ statement.

But most of the work is done before the witness steps in the courtroom and takes the stand. Prosecutors and their teams test, evaluate, and prepare their witnesses before a trial. Questions are asked many times, in many ways; adjustments are made. Not to influence testimony, but to present the truth clearly to the trier of fact (judge or jury). Usually the testimony of the witnesses for the prosecution is very complex, specialized, scientific. Dense concepts and sophisticated terminology must be interpreted into English during the trial; cultural concepts must be clarified before the final rendition (many expert witnesses come from abroad just for the trial); legal systems compared so the accurate term in the target language is rendered by the interpreter. Leaving loose ends is not an option: The prosecution must prove, and the standard could not be any higher: beyond reasonable doubt. Prosecutors and their teams, assisted by the interpreters, go over the testimony with every witness as many times as needed. These interpreters must research, study, practice, develop a common glossary for each testimony. The witness gets used to that team of interpreters and the interpreters get used to the witness.

The interpreters for the prosecution know the case, they are familiar with names, dates, places, and other key information that must be interpreted with accuracy. From gang slang, to amounts of drugs, to family relationships. It all needs to be well-understood so the interpretation heard in trial is accurate, pristine, and truthful.

Confidentiality is essential to our justice system. It lets the parties tell the truth to their attorneys so they can represent, in a criminal case, a defendant or society with full knowledge of the facts. Confidentiality is also very important when it comes to the lawyers’ strategy. Prosecutors and defense attorneys develop a strategy to win a case. The interpreters for the prosecution know the strategy and facts, and they are covered by the veil of secrecy. Using a court appointed interpreter to interpret for the prosecution generates a conflict of interest. You cannot be judge and party simultaneously. Even the most professional, trustworthy interpreters should never be placed in such situation. The sole appearance of conflict is enough to cast a shadow on the proceedings. Client-attorney privilege only exists when there is an expectation of privacy. How could this be argued when the same interpreter hears all confidential details?

The independence of the prosecutorial interpreters is so important, that even their payment differs from that court appointed, public defender, and Criminal Justice Act (CJA) attorney interpreters receive.  I am not referring to staff interpreters, I am talking about independent contractors retained to work in a case. While interpreters for the court, public defender, and CJA attorneys are paid through the judicial system (Judicial Branch of government) interpreters for the prosecution are paid by the United States Department of Justice (Executive Branch). The funds come from different budgets to assure independence, absence of conflict of interests, and separation of powers. The Office of the United States Attorney pays better that the courts, and unlike the latter, fees are negotiable between the parties (interpreters and AUSAs). This can also be relevant if you think that most more experienced, better trained interpreters would rather work for the prosecution, leaving a smaller pool of top-level interpreters to work for the courts, and increasing the risk of an inaccurate rendition of a prosecutorial witness’ complex testimony during the trial.

The widely, and constitutionally backed, practice of having a separate interpreter team for the prosecution in federal cases must continue as long as we have separation of powers, and a system where one party has the burden of proof. There is no rational justification for this practice by the executive branch of government, to be changed by court staff, from a different branch. Such decisions are being made in courthouses where none of the issues above were given any thought, where prosecutors did not reflect on the implications of such changes, and a decision was unilaterally made, perhaps due to a lack of understanding that lead to this policy deprived of common sense. If the decision at these district courts was made unilaterally, we have a separation of powers issue; if it was decided for monetary reasons, remember that interpreter fees are paid from two budgets (executive and judiciary); if it was decided to avoid comparisons between experienced prosecutorial interpreters, and perhaps less qualified court appointed ones, it was motivated by unethical reasons and it shows a disappointing level of professionalism; and if this was a joint decision by the courts and AUSAs in some districts, they must address the conflict of interest and at the least the appearance of conflict.

Our legal system has been around for 250 years. It has organically adjusted its parts to observe the fundamental democratic principles, starting with an independent judiciary, a separation of powers, and the rights and protections to the individual and society. In today’s world where many things that were, are no longer, let’s hope this is not changed by the capricious decision of a few. I invite you to share your thoughts on this issue.

Is it true that interpreters must abstain from public commentary?

Dear Colleagues:

I have recently read many comments about the court interpreter in California who decided to talk to the media after she provided her services to the defendant in a high profile criminal case. To my surprise, must comments promptly endorsed the position that a court interpreter cannot make any public comment. Such extreme “black and white opinion” is quite concerning.

Before expressing such a sweeping opinion, interpreters should reflect on the purpose of their professional service, the reasons for the rule or legislation, and what the consequences of failing to observe it really are. Let’s see:

The main topic concerning this analysis is confidentiality. The nature of the duty of confidentiality is based on two things: the subject matter or area of interpretation, and a scale of values.

Different subject matters or fields of interpreting will be governed by different legislation, interests, and goals. If the interpreter’s professional practice involves intellectual property, diplomacy, or national security, there will be many limitations and restrictions as to the things the interpreter can share with others. Most of these duties will come from legislation, not canons of ethics of regulations. Many others will derive from contractual obligations regarding commercial brands, patents and copyrights.

The scale of values is also important: The more important the value, the stricter the responsibility.

Revealing the content of diplomatic negotiations could have implications of war and peace, and the interpreter could even go to prison, or at least lose his job and reputation.

Revealing medical information can disrupt a patient’s health or treatment, impact insurance coverage, kill a patient’s future employment opportunities, and generate legal problems for hospitals, physicians and interpreters.

When we provide diplomatic or military interpreting services at certain level, we are required to undergo a security clearance process and we take a legally binding oath to secrecy. Breaching this legal obligation will bring catastrophic consequences to the interpreter.

The California case gives us the opportunity to revisit a court interpreter’s duty of confidentiality, so we can see how sweeping statements like those made by some of our colleagues last week, most of them in good faith, are not so categorically right.

First, we need to understand what is protected by the duty of confidentiality, and who imposes the restrictions on the court interpreter.

Interpreters exist because there must be equal access to the administration of justice, regardless of the language the court or the parties to a controversy speak. Here we must make a distinction:

(1) The court interpreter as a communication tool to the litigant.
When a plaintiff, defendant or victim cannot actively participate in their legal case because of a language barrier, the court interpreter acts as the ears and voice of the foreign language speaker in communications with the court, his attorneys, and the opposite party. Interpreters render a complete, accurate interpretation of everything that is said during the hearing, and interpret to the court and parties everything the foreign language speaker says. These interpreters handle three types of information: public record, confidential information, and privileged communications.

These are the interpreters hired by the court, paid from the courthouse budget, and selected from a roster kept by the clerk’s office.

When a plaintiff or defendant want to be represented by a private attorney, but they cannot communicate with their attorneys because of a language barrier, those privately retained attorneys can also hire professionals court interpreters in private practice to help them communicate with their foreign speaking client, their client’s relatives, and with those witnesses who do not speak the language of the attorneys. In this case it is the attorney who selects the interpreters from prior experiences or referrals from others; and it is the attorney, not the court, who pays the interpreters’ fees (very likely from the plaintiff or defendant’s assets). This interpreters handle three types of information: public record, confidential information, and privileged communications.

As we can see, in both cases, interpreters work with information that is public record. This means that everybody has access to what was said or done. For example: As a rule, court hearings are open to the public. Anybody can go to the courthouse and sit in the courtroom during a trial. At the State-level, many jurisdictions broadcast their proceedings in public and even commercial TV. All legal arguments, court rulings, and witness statements are heard by all interested individuals.

Both, court appointed and privately retained interpreters are privy to confidential information not because of who the interpreters are as individuals, buy because of what they do for living. This information is sensitive in nature and if disclosed, it could adversely impact third party innocent individuals. For these reasons, interpreters are usually barred from sharing this information. Details surrounding a case that come to the knowledge of the parties, but are irrelevant to the outcome of the controversy are kept from the public. Names of business partners, financial information, paternity, personal health information, sealed court cases, juvenile court records, are just some of the examples that fall under this category.

While working with an attorney, all interpreters learn what is called privileged information. This is crucial, intimate information about the subject matter of the controversy that lawyers need to know to represent their clients and defend their interests. This information is treated differently because it is only when a person knows that statements made to their attorney in confidence cannot be disclosed to anyone, not even the judge or jury in the case, that clients can truly open up to their attorneys and share all details of a case. Those acting as agents of the attorney, such as paralegals, investigators, and interpreters, are covered by the client-attorney privilege, and nobody, not even a judge can compel them to disclose said privileged information.

(2) The court interpreter as auxiliary agent to the administration of justice.
The court system has a vested interest on the perception that the administration of justice within its jurisdiction is equally fair to all citizens, even those who do not speak the language of the court. For this reason, courts have set policy to clarify this principle, and reassure all potential litigants of the impartiality of the court, even in those cases when a foreigner is party to a controversy, especially in criminal cases where life or liberty are at stake.

This principle has motivated some courts (not all of them), in particular in the United States, to go beyond what many would consider reasonable, and impose the strictest restrictions to some of the things court interpreters can and cannot do. Based on this one-sided extremely restrictive rules, the federal courts of the United States abide by the United States District Court Code of Ethics for court interpreters, who have been sworn as officers of the court for the duration of the assignment, and interpret under contract with such court, “…to follow the Standards for Performance and Professional Responsibility for Contract Court Interpreters in the Federal Courts…” (USDC Code of Ethics. Preamble)

The Federal Code of Ethics contains some important principles needed to practice the court interpreter profession that are free of controversy, such as Rule 5: “Confidentiality. Interpreters shall protect the confidentiality of all privileged and other confidential information…”

It also covers other situations where restrictions seem unreasonable and arbitrary, like Rule 3 where it states that: “…During the course of the proceedings, interpreters shall not converse with parties, witnesses, …attorneys, or with friends and relatives of the party, except in the discharge of their official functions…”, or Rule 6: “Restriction of Public Comment. Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential…”

Dear friends and colleagues, we must remember that the above restrictions by the United States District Court Code of Ethics only apply to court interpreters who are providing their professional services when they “…are sworn in (and) they become, for the duration of the assignment, officers of the court with the specific duty and responsibility of interpreting between English and the language specified. …In their capacity as officers of the court, contract court interpreters are expected to follow the standards for performance and professional responsibility for contract court interpreters in the federal courts…”

In other words, said restrictions, as they are not the law, but a mere contractual obligation, only apply to those who are providing their services in federal court pursuant to a contract with the court. These blanket restrictions do not apply to any of us when working as interpreters in federal court if we have been retained by one of the parties.

Once we understand this limitation, and the different role interpreters play when they act as a communication tool to the litigant with his attorneys, and in those cases when they also act as an auxiliary arm to the administration of justice and are paid by their judiciary. It is obvious that legal restrictions and limitations such as client-attorney privilege and confidentiality will apply to all interpreters as they are part of the essence of the legal representation, but other limitations that go beyond that scope will not apply to privately retained interpreters as they exist to assure impartiality and transparency to the extreme. This is not necessary with private attorneys and their interpreters as they are publicly known as part of a team: plaintiff’s or defendant’s.

To the latter group of interpreters, sharing what is already public record should be no problem; and in my personal opinion, I do not believe that even court appointed interpreters should be sanctioned for sharing public information with the media. I believe that telling a reporter that a hearing was moved from 1 pm to 2 pm and saving her the trouble to go up 20 stories to read the same information on the court’s bulletin board will hardly raise suspicion of prejudice, particularity when we know that interpreting is a fiduciary profession. To me, it looks very weird when the interpreter refuses to answer such silly questions and reacts by moving away without an explanation.

As far as confidential information, please be aware that the prohibition is not absolute either. A court order can compel you to testify. Please remember that the client holds the right to said confidentiality, and as such, he or she can always give consent. When this happens, confidentiality goes away. Will these ever happen in your professional career? We do not know, but we should always be aware that it is a possibility.

Even client-attorney privilege is not absolute. There are certain exceptions in the law that allow you to pierce the veil of this sacrosanct privilege. Among other possibilities, the client, who holds the privilege, can also lift it by giving consent; you can also pierce it when defending yourself from the actions of the client who holds said privilege. Let’s say that the client sues you arguing that the interpreter did nothing in the case. Under those circumstances you can pierce the privilege to prove that the client is not telling the truth and show the work you did, as long as the privileged information you divulged is limited and tailored to the point you are trying to prove in court. Statements and information provided during a client-attorney communication that include future illegal activity is not covered by the privilege either, and you as interpreter must disclose it to the authorities.

We must remember at all times that different jurisdictions will have different policy, rules and legislation, so we must adhere to all applicable rules, as long as they apply to us, depending on the type of professional service we are going to provide.

In the case of California, please keep all of the above in mind, and understand that Rule 2.890(c)(4) states that: “…An interpreter must not make statements to any person about the merits of the case until the litigation has concluded…”

Notice how the rule does not go beyond the conclusion of the case, because the rule (erroneously in my opinion) does not make a distinction between interpreters privately retained by the parties who act as a communication tool to the litigant, and those retained by the courts who also must play the role of auxiliary agents to the administration of justice and therefore be impartial at all times. Once there are no more appeals, there is no reason for the restriction on the first type of interpreter.

Finally, a couple of thoughts: I was saddened to see how must of my colleagues immediately assume the role of a criminal court interpreter retained by the court. I am always hoping that more interpreters view themselves as independent professionals working with private attorneys. There is an abysmal difference in professional fees, and the work is about the same. I ask you to please think like a private practitioner, instead of accepting the rules without any reservation. Question the rules and try to understand why they compel you to do or abstain from doing something.

It also concerned me how so many of our court interpreter colleagues rush to “obey” anything the courts say without even checking the source of the “command”. Many people criticized and condemned the interpreter who spoke to the media because of what the “Professional Standards and Ethics for California Court Interpreters” say. Please understand that this is just a manual, not legislation, regulations, or a court decision. It is just a didactic tool for those who are trying to understand the profession. Use it as such. Observe the California Rules of Court.

I hope we all understand that professional rules include universal standard values, but they also incorporate local culture so necessary for an administration of justice that reflects the values of the community it is meant to serve. For this reason, I. Sincerely hope we all come to understand that asking for universal rules or codes is not the best legal option. A system like the one we have is an appropriate one. We just need to understand the rules better, and fight to change those we believe constitute a hurdle to our profession. I now ask you to please share your founded legal arguments on this issue that could adversely impact our profession.

Something is going on in social media that may be detrimental to the profession.

Dear Colleagues:

Interpreters benefit from the use of the internet in many ways.  We can study, do research, market our services, and communicate with each other anywhere in the world by using our telephone.  Technology helps us to stay competitive in difficult markets and saves us time. Gone are the days when we had to go to a library to research a topic. We can now access the best libraries worldwide from the booth where we are working.

Social media also gave us the very popular and numerous forums, list serves, and chat rooms that all of us visit regularly.  I must confess that, even though I am very active in many social media outlets, I visit very few interpreter forums, and none of the list serves.  For me, the main reason to visit these forums is to keep up with the most recent news that impact the profession, so I can widen my knowledge and understanding of everything that is happening out there .  For the same reason, I am sometimes turned off by some of our colleagues who visit these virtual sites.  I have nothing against learning more about our language combinations, but sometimes it gets to me to see how some interpreters post basic vocabulary questions to the forum members without even bothering to do some research on their own first. I know this is popular with many, and we have discussed it in the past, so I will not dwell on this issue. Like I said, it turns me off, but it does not disgust me.

On the other hand, there is a relatively new trend going around several of the forums that I visit. A practice that has the potential to harm the profession, and end the career of those who participate or advocate this practice.

I am talking about those colleagues who post confidential, and sometimes what can be considered privileged information in the case of court interpreters. I am also referring to those who ridicule and make fun of their own clients.

Interpreting is a profession, and as such, it is governed by a series of legal, moral and ethical principles expected from all those who practice as professionals anywhere in the world. Legal, moral, and ethical rules and principles such as diligence, honesty, and confidentiality are an essential part of an interpreter’s job description. We cannot go around divulging the knowledge acquired in confidence. We are a fiduciary profession. It is not ethical for an interpreter to reveal secrete or confidential information. It is not ethical to share the client’s personal information and private life in public either.

These duties of privacy and confidentiality are even stricter in the case of a court interpreter. Let’s take the case of the United States where court interpreters are legally and ethically bound to keep their mouth shot by Articles 5 and 6 of the Federal Court Interpreter Code of Ethics:

“5: Confidentiality.  Interpreters shall protect the confidentiality of all privileged and other confidential information.”   

“6: Restriction of Public Comment.  Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.”

Moreover, when working as agents of an attorney, interpreters are also covered and bound by the stricter client-attorney privilege; a privilege held by the attorney’s client that gives him the right to refuse to disclose, and to prevent any other person from disclosing confidential communications between the client and the attorney (Black’s Law Dictionary).

Rule 1.6 of the American Bar Association (ABA) Model Rules of Professional Conduct, reads:

“Rule 1.6 Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent…”

These communications cannot be shared with the public, even with a court order, unless the client waives the privilege (there are some exceptions to the rule that do not apply to our subject matter) and the privilege extends to the attorney’s agents who are considered as action as an “extension” of the lawyer. These agents include legal secretaries, paralegals, investigators, and interpreters, among others (“United States v. Kovel,” 296 F.2d 918, 921 2^nd. Cir. 1961)

In the past weeks I have read posts and comments in at least two different forums by individuals who present themselves as court interpreters  (I do not know them by name or in person) revealing information and details of private conversations between an attorney and his client. Moreover, several people have opined about the issues presented by this individual, without the slightest concern about a conduct that is definitely violating all codes of ethics, and may be illegal. I should mention that a few colleagues warned this person and asked this individual not to do this anymore, but for the most part, the person who was doing the posting, and those commenting on the post, continued their debate like noting had happened. I was so bothered by this use of the forum that I left and never went back, so I do not know how long this debate lasted; and even though I do not know the person who posted this, apparently privileged, information, I got the impression that the privileged information was not posted with the intention to breach a legal duty, but out of ignorance and a lack of desire to learn. I should mention that this person did not give names and other details that could easily identify the holder of the privilege, but there was enough privileged information for anyone interested on learning more about the case to find out who were the parties involved.

The second post that I saw was less likely to pierce the client-attorney privilege, but in my opinion it violated the rules of ethics and professional conduct in a truly disgusting way. This was a post by another person who called himself a court interpreter, and went on to argue that his “job as a court interpreter” was not boring because he saw different and new situations every day. Nothing wrong to this point, but next, he gave some examples of the “variety” of cases he is routinely exposed to, by sharing details of some of these cases, and giving his opinion about the parties involved, in a very offensive and demeaning way. These are some of this individual’s comments: “…The… family was lying through their teeth, but… (the) officials were gullible enough to grant them asylum…” and how about this one: “…hours of telephonic interpreting for illegal immigrants… (I) had to hear and interpret a lot of BS…” or this more troubling one: “…defendant asked why he doesn’t qualify for (a legal benefit) the answer was… he had to rat about the people who paid… for his defense…”  Unlike the first case I mentioned above, this individual received many warnings and criticisms for doing what he did, and I believe that for this reason, within a week, this person went back to the same forum and now alleged that the cases were real, but that he had “…added imaginary twists, actions or actors…” that although most (not all) of the cases were not real, “…for the purpose of initiating an intelligent debate, (he) presented them as actual, real cases…” and claimed to be a victim of attacks by those who did not want any “personal opinions”.  Finally, to make things even worse, this person defended his posts by indicating that he was justified to do so, because they had been posted in a closed forum… on the internet!

I did not write this blog to attack anybody or to end the career of any colleagues or alleged colleagues. That is why I did not revealed any names of individuals or forums, and I tried to show just enough of the published posts to convey the idea of what is troubling me. I wrote this piece because I see what is going on in these social media outlets and it concerns me. I believe that the rules of ethics and professional conduct must be observed because we are professionals, and more importantly, because they affect others who confided on us as providers of this fiduciary service. It is not the same to betray your clients’ confidence and air private matters the way these people did, or to present the facts of a case to your colleagues in a professional forum, observing all professional and ethical rules, in order to get an opinion or to dissipate a doubt. This is done by all professionals: physicians, attorneys. accountants, and interpreters on a daily basis.

I think that the majority of those who have violated these rules did not know what they were doing, and I believe that social media forums, when used appropriately, are a valuable tool.  Perhaps we need to educate those who do not know the rules, and maybe we need to assess the moderators and the guidelines of some of these forums.  What we cannot allow is a situation that will leave us all in a bad place as a profession, and in an ugly position as individual practitioners; and I am not even mentioning the tremendous liability that those who violate these canons (and in some cases the law) are exposing themselves to. I ask you to share your comments on this topic, and to do so without any personal attacks.

Things to look for in an interpreting contract.

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.

When the interpreter thinks the attorney did something sleazy.

Dear colleagues:

I was contacted by a colleague who wanted my opinion about a professional situation that was making her life miserable. Her problem was that she had been part of a court assignment where an attorney did something she disliked. At the time she contacted me she was debating about letting it go, or reporting the situation to the judge of the case. I listened to the facts, and I immediately remembered other events where an attorney’s conduct had been questioned by other interpreters. This is her story:

An interpreter was hired to work during a deposition at a law office. While waiting for the assignment to start, she had a conversation with other individuals in the waiting room. One of the others was also a court interpreter. Finally, after a long wait, a secretary came to the waiting room and announced that the deposition had been cancelled. The interpreter went home, she got paid on time for this assignment, and she forgot about this incident.

Several months later, she was contacted by another agency that offered her a transcription/translation assignment. She agreed, and a few days later she received a CD with the audio recording. She began the transcription, and about an hour into the transcription, she concluded that she knew at least one of the voices in the recording; it was the voice of another interpreter, in fact, it was the voice of the interpreter she had been talking to, months earlier at the law office, while she waited for the deposition to start. She immediately knew that she had to stop the transcription and report this circumstance to the agency. A decision had to be made about her involvement in the transcription job. Before contacting the agency, the interpreter decided to see if the other interpreter’s voice was all over the recording or just at the beginning. She had just been working on the transcription for about an hour, so she wanted to find out. She fast-forwarded the recording, and to her surprise, she now recognized a second voice: It was her own voice! She was part of the recording the agency sent her, and the recorded conversation was the one they had at the attorney’s office on the day the deposition had been cancelled months earlier. This obviously changed everything, and the possibility of continuing on the job if the parties consented to it after a full disclosure was now gone. She knew she could not continue transcribing the recording. She immediately contacted the agency and told them what happened. The agency retrieved the recording and sent it to another transcriber. The interpreter was paid for the work done even though the agency knew that they would never use the transcription. The real problem for the interpreter was that she did not know that she had been recorded and she wondered why this had happened, what they were going to use the tape for, and what she should do about the whole situation. She did not even know if the recording was legal or not.

The recording was related to the case where she had been hired to do the cancelled deposition; she knew the attorneys involved, and she had heard that they both practice law very aggressively. She felt bad and she felt cheated. The interpreter thought that this strategy had been sleazy and perhaps illegal. Her first impulse was to contact the judge in the case and let him know that she had been recorded without her consent. Something had to be done.

Fortunately, she waited and thought it over. Without revealing any names or details of the case, she consulted an attorney and learned that in her state, as long as one of the parties to a conversation is aware of the recording, and she consents to it, the rest need not know or consent for the recording to be legal and even admissible in court. Based on this, the interpreter did not go to the judge or anybody else. She had no legal standing and no law had been broken by the attorney who ordered the recording. In fact, she realized that she could not even disclose any of these facts to anybody else because of the interpreter duty of confidentiality, which cannot be broken unless a crime was committed or may be committed unless the interpreter speaks. Going to the judge would have been the wrong thing to do because she really had nothing to report. She learned a valuable lesson after this case because she understood that in an adversarial legal system, the attorneys may do things that we dislike, but as long as they are legal, they are allowed to do them, and we should not get involved or judge the legal strategy.

On the second case I will now share with you, I was interpreting in a plea hearing many moons ago. The defendant was going to enter a plea of guilty to a federal offense. I was working for the court. I arrived to the courtroom about fifteen minutes before the hearing, which was customary at that courthouse, I let the clerk know that I was there, and I sat down to wait for my case. The defense attorney arrived about five minutes later and asked me to help him with his client. He told me that the defendant, who was in detention, was already in the holding cell, and that he needed to talk to him for a few minutes before the judge came out for the hearing. As many of you know, this happens all the time in federal court in the United States, so I agreed and off we went next door to the holding cell. The moment we arrived I realized that the defendant spoke some English and understood many things; however, he was far from being fluent, and definitely needed an interpreter for the most complex legal concepts. As soon as we greeted the defendant the attorney started this, in my opinion, self- serving speech telling his client (the defendant) how hard it was to get him the deal with the prosecution, and that this was his chance to bring the case to an end by just pleading guilty to the charge in the plea agreement. Then the attorney “asked him” but in reality told him “the agreement is almost identical to the version you already saw before when I went to see you with the other interpreter, remember?” and “…the judge is going to ask you if you were interpreted the new version by a certified interpreter and you are going to say yes because if you don’t, then the judge will continue your case for another day, maybe in a month or two, and you will have to sit in jail all that time waiting to come back in here. All of it for a document that practically says the same that the one that was interpreted to you before. Do you understand?” Of course I interpreted all of this to the defendant and he said yes. Next, the attorney told his client that “… when the judge asks you if you have any questions you need to say no, unless you have any questions, and if that is the case we will have to come back before the judge in the future, and he is going to ask you if everything was interpreted to you into Spanish and you will say yes because as you remember we went to the jail and the interpreter interpreted everything, including your questions, right?” The defendant said “yes.” The attorney continued: “…Well then, let me ask you right now: has the plea agreement been explained and interpreted to you in Spanish?” The defendant answered: “yes.” The lawyer continued: “…Has your attorney answered all of your questions with the assistance of an interpreter” The defendant: “yes.” Finally the attorney added: “…Do you have any questions at this time for the judge, for me, or for anybody else about your case, charges and plea you are about to enter?” Once again the defendant said “no.” “…Great” said the lawyer; and added: “… So you know why you are answering the way you are right?” The defendant: “Yes, so I can go to prison sooner.” Attorney: “…and, even though we didn’t interpret the latest version of the agreement, since we went over another version that was practically identical, you will tell the judge that we did right?” Defendant: “Yes, I will tell him that you explained everything to me through the interpreter, and in my mind you did, and I really believe so, and I have no more questions. I know what I am doing and I just want for all of this to be over.”

We went in front of the judge who asked the very same questions. Both, the attorney and his client answered almost with the same words as they had used in the holding cell. The judge entered the conviction and the defendant left very happy with the outcome of the hearing, on his way out he told his attorney: “…thank you very much. You are a great attorney. You know what you need to do for the benefit of your client. I will send you clients…”

Although the attorney and the defendant did not lie to the judge because they phrased everything very carefully, thus avoiding breaking the law, and despite the fact that the attorney had fought for, and vigorously defended his client’s best interest, which was to go to prison as soon as possible so he could start some treatment not offered by the jail, I left the courtroom feeling a little strange. I knew there was nothing for me to do since no laws were broken, and everything had been legal strategy between client and attorney discussed in confidence and under the protection of the client-attorney privilege, but it took me a couple of hours to get over it; you could even argue that I did not get over this case since I am still telling the story so many years later, but the truth is that yes I got over the case, and the reason why I am sharing the story with all of you now is because both the defendant and the attorney have since passed away, so there is no privilege anymore.

I would like to invite you to share similar stories or comments about things you have done or were tempted to do when in your opinion an attorney did something sleazy.

An interpreter ethics class that is useful and fun?

 Dear colleagues:

This Friday I will be presenting during the ATA Annual Conference in San Diego. This is nothing new of course. Many of you have attended my presentations in the past; however, this time I will be covering ethics for interpreters.

That’s right, I will be delivering a presentation on that arid subject that most of us need in order to (at least) keep our licenses, certifications, or registrations current.  The title of the presentation is: “The Client-Attorney Privilege and the Interpreter’s Duty to Maintain Confidentiality.”  As you can see, it is a legal interpretation topic that up until now has been little explored by our colleagues, by the Judiciary and by the Bar.  When I decided to tackle the “ethics presentation” one-ton gorilla in the room, I set some goals: First, the presentation had to be useful. I had to find a topic that interests interpreters, but more importantly, I had to look for something that would help them with their career; something that they could use time and again for the rest of their professional lives. Then, I decided to find a way to do it fun. Of course, we will not have stand-up comedy (Darn. I guess I thought of it too late to incorporate it) but we will have fun by making this session an interactive exchange where we all explore concrete situations that we face in our profession, and try to find a solution that is legal, ethical, and good for our practice (meaning: our business!)  How many of us know when we are legally bound to do or abstain from doing something because of the person we are working for? How do we know when we are covered by the client-attorney privilege and when we are not? How do we stand up to a Judge when we are ordered to do something we are legally barred from doing? These are some of the everyday scenarios legal interpreters face all the time at courthouses, law offices, jails, board meetings, hospitals, and many other settings.  The goal is that by the end of the session we will all understand the client-attorney privilege, when it affects the work of an interpreter, how it influences what we do, and what are the differences between this privilege and our ethical duty to uphold confidentiality.  I believe that the practical cases I have selected will teach us how to correct some behaviors, how to detect a potential problem, and how to look for a solution.   While we do this, I will also try to dissipate some myths about so-called privileges like the medical, religious, and others. My opinion is that this session represents a great way to get those ethics credits that you may still need, and at the same time you will learn something that will benefit your interpretation practice and business.  The session will be presented in English. I invite you to join me this Friday, October 26 in the sapphire H room at 2:00 PM, and then, after the session is over, I invite you to join me and our good friend Freek Lankhof at the InTrans Book Service stand (6 & 7 of the Exhibition Hall) from 3:30-4:00 PM for a book signing of my new court interpreter manual: “The New Professional Court Interpreter.”  I am sure you will like the book.

Please join me for a fun and useful interpreter ethics session in San Diego!