We should act more like professionals and less like merchants.

April 29, 2019 § 6 Comments

Dear Colleagues:

Interpreters are constantly fighting to be recognized as a profession, to be respected by their clients, and to be treated and remunerated as providers of a specialized service that requires a strong academic background. Although most interpreters strive to be viewed as fellow professionals of physicians, engineers, attorneys and accountants, many colleagues, including freelance interpreters, behave more like a tradesperson than a professional.

Because of poor legislation, pervasive ignorance, and a myth that any bilingual can interpret, the idea that professional interpreting services can be provided by a commercial agency has been accepted, or at least tolerated, around the world. Professional services have been bought and sold like commodities by businesspeople foreign to interpreting, stingy government agencies, and unscrupulous interpreters willing to sell out their profession to make a quick buck.

A world where physicians provide their services through a commercial agency’s model is unimaginable. Attorneys’ Bars around the world would oppose, and destroy, any efforts to sell legal representation by agencies where a high school teenager, calling herself a project manager, were to assign lawyers to their clients on an availability basis, without considering quality or experience to decide on the attorney who gets the case. Interpreters see this happening every day and do nothing about it. Not even freelancers question this commercial model; they join these merchants and help to undermine their own profession.

I am not naïve. Multinational interpreting agencies are powerful, greedy organizations willing to fight for what they consider their “industry” to the end. They launch advertising campaigns, misinformation efforts to convince potential customers (they do not have clients) that hiring an interpreter is very difficult; that it can only be done through an agency. They spend time and money convincing freelance interpreters they are their allies; they procure them work, deal with the customer, and pay them a fare “rate” (they do not pay professional fees) after taking the portion of the paycheck they have morally earned. Interesting that agencies never disclose interpreters what they charge their customers, and force freelancers to remain silent when approached by one of the customers about their professional fees or availability.

We will not get rid of these agencies, but I know that interpreters will only be viewed as professionals when they act the part. I also know that some, few, are managed by good people.

There are many colleagues around the world who work as I do. We operate as a doctor’s office or a law office work. When contacted by a client about an assignment that will require the services of interpreters in five languages, I provide my client with the name and contact information of trusted colleagues with the experience and language combination needed for the assignment. If the potential project involves languages commonly used in my part of the world, or several interpreters in my own language combination, I even forward the inquiry to my trusted colleagues, my allies. My client takes it from there and individually negotiates the fee. I also suggest, and sometimes forward, the request to a trusted equipment/technical support provider. The client negotiates costs directly with them. It is like going to a building where many physicians have their offices, all independent, but all trusted colleagues; they suggest one of their colleagues depending on the field of specialization needed by the patient, but each doctor negotiates and sends a separate bill. These professional alliances, professional groups, are a network of professionals who know each other’s quality of work, ethical values, and language combinations. The client has to pay the professional interpreters individually, but he need not look for interpreters with the right experience, language pairs, or availability. That is all done by the interpreter who the client contacted first. That interpreter is the point of contact who suggests colleagues she will vouch for, and she is moved by no other interest but her client’s satisfaction. She will not subcontract the other interpreters, she will not charge them a commission or referral fee, she will only do what all physicians do when you go to their office and they suggest you see the dentist downstairs or the eye doctor next door.

There will be instances when you cannot help the client. There are languages you never work with. Sometimes doctors cannot recommend a colleague because they have no proctologist in the building. That does not mean that the professional network they offer to their patients has no value.

My good clients love this option. They understand it is difficult to get quality in all booths. They trust me and know that I would not jeopardize my reputation by referring them to a mediocre interpreter. They know I suggest nobody services because they are cheap. They also trust my judgement and experience a lot more than they trust a young monolingual person with no practical or theoretical knowledge of the profession, who calls himself “project manager” and has met none of the interpreters he will line up for a job. Clients know that project managers abide by company rules and guidelines which include: profit at all costs. They know their professional pool is limited because they can only provide interpreters willing to work with the agency in exchange for lower fees, inadequate working conditions, and disrespectful treatment.  This professional network model operates as a virtual office where my trusted colleagues are all over the world. It has no time or space limitations.

Interpreters who want to grow and expand to a larger scale should do it, but they should do it as law firms do. Incorporate as a professional corporation or a limited liability corporation, not a commercial enterprise like agencies do. These solutions will let you work as formal partners or shareholders and protect from liability without giving up your professional identity. We need not look or operate like an agency. They are not us.

They want to commoditize our profession and turn it into an industry. They are outsiders with a different set and scale of values. We are professionals. We should act as such. I know many of you are already doing what I described. I also know many colleagues will dismiss these ideas and even defend the agency commercial model. I am aware professional associations are guided by board members who own agencies, and as we have seen, even board members refuse to recuse themselves from voting in association matters when there is a conflict of interest between interpreters and agencies. Finally, I know some interpreters are not ready to freelance, they fear they cannot get clients outside the agency world, or they are content with little money. There, stay with the agencies, that is what you like and deserve.  I now invite you to share your thoughts on this critical issue for our recognition as professional service providers.

What we learned as interpreters in 2018.

December 27, 2018 § 16 Comments

Dear Colleagues,

Now that 2018 is ending and we are working towards a fruitful and meaningful 2019, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, this year was packed with learning opportunities. In 2018 I worked with magnificent interpreters and many of my dearest colleagues.

Our profession had positive developments this year: The Spanish Division of the American Translators Association held a very successful conference in Miami, Florida, where those of us in attendance could see many friends and colleagues doing great things for our professions. It was an eye-opener to experience first hand how a professional conference organized by one of the divisions of the American Translators Association, working together with the Association of Translators and Interpreters of Florida (ATIF) and Florida International University (FIU), put together a conference we can unequivocally call professional, full of content, at an excellent venue, and attended by true professional interpreters and translators who could freely exchange opinions, attend workshops and presentations, and enjoy an environment free of predatory agencies, product pushers, and colleagues chasing after newcomers to convince them to work for insultingly low fees. Unlike the better-known ATA conference, this event truly felt like a professional conference, not a trade show. In fact, I invite all those Spanish language interpreters and translators who are ATA members, and think that the Fall conference is way too expensive, to attend this conference instead. In my opinion, if you have to decide between the ATA conference and the Spanish Division conference, it is a no-brainer: pick the smaller, more professional Spanish Division event.

Once again, the interpreting profession continues to advance in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-packed conference in Pachuca; and the every-year bigger and more successful court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City once again. The International Association of Professional Translators and Interpreters (IAPTI) took its world congress to Valencia, Spain for its best attended conference in history. Workshops and presentations were first-class, and as it is traditional with IAPTI, colleagues attending the conference had the opportunity to interact with their peers from around the world. The largest U.S. contingent attending a IAPTI conference to date, enjoyed the benefits of interacting with colleagues who literally live all over the world. They noticed the difference between attending a conference in the United States with interpreters and translators from many countries, all of them living in the U.S., and IAPTI where all of them live in their respective countries. The benefit you gain from talking to a Polish interpreter who lives in Poland enriches your personal knowledge of the profession more than speaking with a Polish interpreter who lives in New York City. Besides the characteristic IAPTI’s philosophy and agency-free conference, I was happy to see a well-balanced program full of Interpreting workshops and presentations. Finally, like every five years, the Asociación Española de Traductores, Intérpretes y Correctores (Spanish Association of Translators, Interpreters and Editors, ASETRAD) held its conference in Zaragoza, Spain. This congress was by far the best all-Spanish language conference of the year, and just as I do every five years, I invite all my Spanish speaking colleagues to save the time and money to attend the next gathering five years from now. I was involved in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars. It was a pleasure to spend time with all of you in 2018.

This past year saw big changes in healthcare interpreting in the United States with a major struggle between the two leading certification programs. Fortunately, what looked like the beginning of a big conflict, ultimately subsided, and better-informed interpreters are now deciding what to do with their professional future. The year brought positive developments to the largest court interpreter association in the United States. After a major set back at the end of 2017 when two pillars of the court interpreting profession resigned from the Board of Directors, NAJIT went back to capable, experienced professionals, electing a new Board that fits tradition and expectations. Unlike 12 months ago, the association goes into 2019 with a group of experienced and respected Board members and a promising future.

The year that ends in a few days saw the growth of our profession in the field of Remote Simultaneous Interpreting (RSI). I had the opportunity to work several assignments remotely, and both, technology and work conditions were as they should be. I also heard from many colleagues who continue to struggle and endure abuse from some agencies who push video remote interpreting (VRI) in less than favorable conditions.

Not everything was good. 2018 took from us some of our dear friends and colleagues. I cannot reflect on the year that ends without remembering three dear and admired colleagues who passed away: Juan José Peña, a pioneer in the American Southwest, mostly in New Mexico. For years, Juan José was a trainer and examiner for the New Mexico State Court Interpreter Certification program; he was the first staff interpreter at the federal court in Albuquerque, and he selflessly helped new interpreters in New Mexico and elsewhere. Carlos Wesley, a powerful and gentle presence in the Washington D.C. metro area for many years, and an examiner for the federal court interpreter certification exam. Esther Navarro-Hall, a kind, selfless, talented colleague who impacted our profession and the lives of many interpreters worldwide as a professor at MIIS, regular trainer all over the globe, habitual presenter at professional conferences, Chair of the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States, and humanitarian, promoting help and assistance to those impacted by natural disasters everywhere. Our lives and profession are better because of them.

Unfortunately 2018 will forever be remembered as a low point in the history of the profession in the United States. It was its darkest hour. I am referring to the inexcusable fiasco that impacted hundreds of interpreters, and continues to do so, because of the ineptitude of government officials, their selected contractors, and the cover up, misinformation, and lack of response that followed for many months: The 2017 oral federal court interpreter certification examination. We go into the new year with many unanswered questions, with no accountability, and with uncertainty for many who took the test, and patiently await to this day for an examination date more than a year after taking the exam. 2018 will be known as the year when ineptitude destroyed the credibility and reputation of the until then most trusted interpreter exam in any discipline in the United States.

The biggest shift in American foreign policy in decades and its impact on our profession continued in 2018. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration and trade policy. It proved very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services were at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic, international trade and private sectors.

If not for the federal court interpreter certification exam disaster, the biggest stain of 2018 would be the conspiracy by most multinational and domestic interpreting agencies to do whatever necessary to overturn a California Supreme Court decision that protects independent interpreters by giving them certain rights that greedy agencies oppose, as compliance with the court decision would diminish their ever-growing margins. These agencies are actively pursuing the overturn of the decision by lobbying for legislation against interpreters. Apparently these efforts are led by a lobbyist who, ignoring any conflict of interest, and with the blessing of the largest interpreter and translator association in the United States (either by action, omission, or both) is trying to get Congress to exclude interpreters from the groups protected by the California Supreme Court decision.

Said conspiracy took us trough a research path that showed us how some of the Board members of this “translators and interpreters” association actively support agencies’ efforts, including a Board member who stated he would not even excuse himself from a vote in cases of conflict of interest. Statement that we will surely revisit come election time.

Throughout the world, colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. More European countries are now facing outsourcing of interpreting services for the first time.

Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards creating questionable certification programs, and offering pseudo-conferences and webinars to recruit interpreters for exploitation while hiding behind some big-name presenters, many of whom have agreed to participate in these events without knowledge of these ulterior motives.

Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2018 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.

As you can see, dear friends and colleagues, much changed and much stayed the same. I choose to focus on the good things while I guard against the bad ones. I now invite you to share with the rest of us your learned lessons (good and bad) of 2018.

I wish a Happy and Productive New Year to all my friends and colleagues!

Are professional associations actively working against their members?

October 24, 2018 § 7 Comments

Dear colleagues:

Several government decisions in the United States and elsewhere have impacted our profession recently, and they all have something in common: They have protected interpreters and translators from some one-sided practices enacted by multinational language providers, copied by smaller interpreting and translation agencies, and adopted by some government bureaucracies to appear as if they are meeting their legal obligations to society.

Some of the most notorious and talked about decisions include the National Labor Relations Board (NLRB) order to the U.S. government services contractor SOS International (SOSi) to reclassify its interpreters working in United States state courts as employees in March 2018, bestowing interpreters and translators who worked for this agency as independent contractors with all protections defined by the National Labor Relations Act, including benefits reserved to full-time workers. In April 2018 some Lionbridge contractors who provided their services as software testers at Microsoft, settled a case they had before the NLRB.

Despite the effects of the decision above, it was the landmark ruling on April 2018 by the California Supreme Court in the Dynamex case that shook the status quo like nothing before. California’s highest court ruled that the delivery service provider Dynamex misclassified its workers as independent contractors when they should be protected and treated as employees. Here, the Supreme Court of California adopted the “ABC test” to determine if a contractor is an independent worker instead of an employee. This decision’s repercussions extended to all individuals providing services as independent contractors, including interpreters and translators, when the company is in control of the performance of such service contractually or de facto; to those contractors who perform a service that falls within the usual services regularly provided by the company; and to those contractors who cannot be regularly selling their services to other clients, because they are constantly engaged by the company, leaving them no time to work somewhere else.

There are many interpreters and translators, myself included, who do not want to be employees anywhere; There are many interpreters and translators, myself included, whose professional practice will not be affected by these or other rulings similar to the ones mentioned above; however, many colleagues would benefit from such decisions. These are usually the colleagues who these entities take advantage of. We are talking about colleagues who, for many reasons, cannot ditch the exploiter and have to roll with the punches, accepting work under deplorable conditions such as rock-bottom fees, solo interpreting assignments, interpretations on a pay-per-minute basis, and other abuses practiced by these agencies never stopped by the authorities before.

As expected, many agencies who practice this business model got extremely nervous: This could be the beginning of the end to their lucrative unchallenged practices. They would not allow this to happen.

On August 8, 2018 the Association of Language Companies (ALC) met in Washington, D.C. to conspire about a way to keep independent interpreters and translators from gaining these legal protections and to maintain the up-until-now comfortable uneven field they enjoy. As a first step, they lobbied the United States Congress to change the law and make it impossible for these interpreters and translators to benefit from the administrative and judicial resolutions that protected them. The event was organized by ALC’s lobbyist: The Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). During the meeting, ALC delegates argued that “…the added cost of providing full benefits to every single contractor would likely put many (agencies) in danger of going out of business…” They manifested that “…the implications for the “industry” could be devastating…” There are two more ALC summits already scheduled for the first half of 2019.  For more details on the Dynamex ruling and my interpretation of the ways it benefits all independent interpreters and translators, even those who do not deal with these multinational or abusive agencies, please read my blog entry of August 29, 2018.

We can see that a confrontation of ideas and how we view our profession contrasted by the way these entities perceive us as industry laborers may be inevitable. I do not blame the agencies for defending their golden eggs goose. I understand their decision to lobby Congress to protect their interests; unlike professional interpreters and translators, their loyalty is to their shareholders and partners, not to the quality of the service or the profession. We also need to defend our interests, and we will.

To do it, we all know that we face a David and Goliath battle against the ALC and others. They have the finances to fight us in court and Congress. There are no surprises here and we must plan accordingly.

Unfortunately, on top of the known obstacles we need to overcome, potentially, there is an added problem, something that most colleagues are unaware of, something that looks wrong: Some of the professional associations of interpreters and translators, including the largest, use and pay for the services of the same lobbyist ALC is using to undermine the interests of many of their own members: our colleagues.

The American Translators Association (ATA) is represented, in its lobbying efforts, by the Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). Let me explain: ATA membership fees are used to pay for the services of JNCL-NCLIS simultaneously this lobbyist is advancing ALC’s cause to kill those government decisions that favor many independent interpreters and translators. ATA is not the only professional association with a lobbyist in Washington, D.C., but it is the largest one, and it is the one with Board members up for election this week at the general meeting in New Orleans. This post is not motivated by any ill feelings towards ATA or any other professional association, but by my desire to have more transparent governance and accountability in our associations to protect our profession from those who try to dehumanize it and turn it into a laborer’s service.

I will now disclose some facts about JNCL-NCLIS so you understand exactly who we are dealing with: Unlike most lobbyists, they are a non-for-profit organization that started servicing foreign language teachers. There was a time, however, when ATA’s leadership decided, without a real explanation to the membership, there was synergy between these teachers and ATA members who are not teachers, but interpreters and translators. ATA pays a yearly fee to JNCL-NCLIS for its services as a lobbyist. This differs from the usual per-hour fees that most lobbyists charge to their clients.  The amount of this annual payment is based on the size of ATA’s membership, because it is paid with our membership fees. The person from JNCL-NCLIS who deals with ATA is Bill Rivers, who also deals with ALC, and continuously works for the advancement of the interests of the agencies. Interests often in conflict with the interests of ATA’s individual membership (us), even though they benefit its corporate members (they).  Bill Rivers deals with ATA’s presidency, not with the Board. The Chair of this lobbyist’s Education and Pedagogy Committee (an unpaid position) is a former ATA President. JNCL-NCLIS has assisted at least one agency owner ATA Board member, along with other agencies, on another matter affecting workers’ compensation for interpreters and translators somewhere in the northwest.

There is a huge conflict of interest, and ATA should retain a different lobbyist, even if the fee is higher. No other association in the world spends the money ATA spends on its annual conference, and an independent lobbyist would be more beneficial to the membership at large than such an extravagant, expensive conference. Corporate members would lose an ally, but professional associations exist to benefit the individual, not the corporations.

Even if JNCL-NCLIS lobbyists are professional honorable people, when lobbying for ALC, they could disclose to House members and Senators they are also ATA’s lobbyists; This will convey the message that interpreters and translators endorse the same positions and business model these multinational agencies do.

Some of ATA Board members are agency owners who vote on decisions that could adversely affect individual interpreters and translators. There is nothing on the bylaws banning this practice, but it is another conflict of interest.

The bylaws need to be amended, if not to bar small agency owners from the Board, to at least keep them from voting where they may have a conflict of interest, or there may be the appearance of one. Meanwhile, all Board members who own an agency, and there are at least three at the moment, and two will remain as part of the Board after this week’s elections, must recuse themselves from participating in any debate and casting any vote where there may be, or may appear to be a conflict of interest. This all judges and corporate board members do every day all over the world.

I invite you to demand that all professional associations with lobbyists on retainer only hire lobbyists that do not represent the interests of the agencies and corporations, and bar all agency owners from voting where there is, or may be a conflict of interest. Meanwhile, I invite you all to vote this week in New Orleans for ATA candidates who oppose the current lobbyist situation and support the recusal of all Board members who own an agency in case of a potential conflict of interest.  I now ask you to share your thoughts on these crucial matters to any professional association.

Procrastinating federal judges hurt justice and interpreters.

March 4, 2014 § Leave a comment

Dear colleagues:

If you are a federally certified court interpreter in the United States you have surely provided interpretation services at the request of private attorneys, who are part of a panel kept by that district, according to the United States Criminal Justice Act, commonly referred to as the CJA (18 U.S. Code § 3006A)  These attorneys, and I will refer to them as CJAs in this posting, are private lawyers appointed by a federal district court judge, or a federal magistrate, to represent a party who cannot afford his own private attorney in cases where representation by the Office of the Public Defender is not possible because of the physical location of the defendant or due to a conflict of interest.  In other words, when there are codefendants and one is represented by the federal public defender, all others must be represented by private counsel or by a CJA panel attorney.  CJA attorneys are known to most court interpreters because they are always at the courthouse, just like the public defenders. They have a big caseload, and many of their clients do not speak English.  Because of defendants’ constitutional rights and the Civil Rights Act of 1964 these non-English speakers have the right to an interpreter that is also furnished under the same Criminal Justice Act: “…Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation…” (18 U.S. Code § 3006A) Federally certified court interpreters are asked to interpret during client-attorney office interviews, trial preparation, jail visits, and similar services requested by the CJA attorney.  After the service is performed, the interpreter must prepare and submit to the District Court a CJA invoice form that the panel attorney signs.  Once the form is submitted and verified for accuracy and completeness by the court’s financial department, it is sent to the federal district court judge or magistrate who has been assigned to that case for approval and signature.  It is only after the judge signs the form and returns it to the court’s financial department that the interpreter gets paid.  This process can take, depending on the district court, from one week to a month in average.   All interpreters know this and accept it as part of the life of a freelancer.  I should mention that this seemingly bureaucratic process is attractive to the freelance interpreter because of volume.  In fact, in districts where there are several staff certified court interpreters this may be the bulk of the freelancers work for the courts.

Unfortunately, there are certain cases where this simple and straight forward payment process is unconscionably delayed.  There are federal district court judges in the United States who hold back payment for incredibly long periods of time and there is no apparent reason or justification for this delay.

Dear colleagues, I am not talking about late filings or incomplete voucher forms; I am talking about withholding of invoices for no cause.  I am afraid that there may be more that one judge following this practice; there is one among them, who shall remain anonymous in this blog, who has generated comments from colleague interpreters such as: “…Oh, that judge! One time it took well over a year to get paid for a half a day interpretation…he just didn’t approve the form any sooner…”  And this one depicting the interpreter’s feeling of impotence: “…it always takes many months to get paid, but nobody dares to say anything because…well judges are appointed for life…”  Finally, an interpreter summarized it very graphically in these words: “…the judge doesn’t care. There may be other priorities, but unlike federal judges, we cannot afford to go months without payment. We have to put food on the table for our families…”   This particular judge has been on the bench for many years, by all accounts seems to have a good grasp of the law, but when it comes to other judicial skills, this judge has received poor reviews from a judicial evaluation commission such as: “…(the judge has exhibited) slowness when it comes to ruling on motions…” or:  “…lack of punctuality to convene proceedings…” and even “…(having) poor judicial temperament while on the bench…” The judge was described as: “impatient,” “a yeller from the bench,” “mean spirited,” and “angry.”

I want to make it very clear that most judges and court clerical staff do a very good job at processing invoices and making sure interpreters are paid on a timely manner.  Judges like the ones described above are the exception to the rule; but they exist and will continue on the bench.

Faced with this reality what can interpreters do to get paid on time?  First the interpreter needs to make a distinction between those cases where the interpretation services have been rendered and the judge is procrastinating, and the cases where no service has been rendered yet.

For the first scenario there are the usual remedies that we all know:  Talk to the chief staff interpreter once again, write to the clerk of the court, file a duplicate form with the court’s financial department; even talk to the judge’s clerk and explain your situation.  This may accomplish the objective in some cases, but unfortunately it will fail most of the time because the approval of the form is not being delayed by any of these people. It is the judge who created the problem.  So what is there left to do?  Well, there may be a legal answer:  The American legal system contemplates situations when the authority does not comply with its duty of doing or abstaining from doing something: The Writ of Mandamus.  This may be an option available to the interpreter. The request for a Writ of Mandamus can be filed with the Court of Appeals having jurisdiction over the procrastinating district court judge asking the higher court to order the approval or denial of the interpreter’s invoice. “…(Courts) may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law…” [28 U.S. Code §1651(a)]  Of course, before the interpreter decides to take this step, he must consider the consequences: (1) Because this blog is not giving any legal advice to anybody, the interpreter must consult with an attorney to see if a writ of mandamus is possible in that specific case; (2) The district court judge may simply deny the invoice.  The writ can order that the authority take action but not the outcome of this action.  Of course this may open other channels to the interpreter to appeal the judge’s decision on the invoice and that way get paid; and (3) The practical consequences of filing the petition including the possibility of being branded as a “troublemaker” by others, which could result in the loss of business and therefore the loss of income.

When the interpreter has not provided any interpretation services yet, that is, when interpreters are first contacted by the CJA attorney (or by the district court depending on the district) to request the interpretation services, the interpreter should always ask who is the judge in that particular case, and if it turns out to be a procrastinating judge’s case, the interpreter should refuse the assignment.  Remember, you are a freelancer. Freelancing means that sometimes you may have to wait forever to get paid on a CJA voucher, but it also means that you are free to ban all procrastinating judges if you want to.  The best way to avoid late payments is to avoid those clients who are always late.  In fact, the interpreter should explain to the CJA attorney the reason for declining the assignment and reassure him that cases from all other federal judges will be accepted as usual.  This should solve that interpreter’s problem.  It may be very difficult to fix this procrastinating judges situation for all interpreters in all cases, but at least you will get paid on time.

Finally, I remind you again that this posting is not giving any legal advice to anybody, and I ask you to share with the rest of us your experiences and solutions to this terrible problem, and please do not mention any names.

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