Legal terminology and the good court interpreter.
January 27, 2017 § 10 Comments
For several months I have noticed a proliferation of blog posts, language agency advertisements, webinars, and conference presentations where the interpreter’s knowledge of legal terminology is emphasized. Seminars, on-line and in-person, focus on the importance of legal terminology and are usually packed with lists of words and phrases found in statutes and regulations. Bilingual glossaries are given away as perks to those who paid to attend the talk, and power point presentations are full of sections of the law that were literally cut and pasted from the statute.
Attendees to this “terminology workshops” are told to memorize the new words and expressions just because “…that is what the Act says” or “this is the term found in the bilingual legal dictionary”, and their questions are often answered with the reading of more sections of the law, without giving any logical reason or explanation as to the why it has to be the way the instructor said so. There are many blog posts, language agency websites, webinars, and conference presentations where current and accurate terminology is shared, but there is absolutely no context. This is dangerous and it is wrong.
Sometimes we read that a populist government, a well-known linguist, or a prestigious language institution issue statements advocating for legal terminology that is more accessible to the common individual. This is also extremely dangerous, irresponsible, and very wrong.
Legal terminology is what it is for a reason: It deals with social values higher than accessibility; it deals with legal accuracy and legal certainty, two values that are needed in any society to keep individuals safe. Free to pursue their lives as they please by creating legal transactions, forming legal bonds, and asserting their legal rights, which are necessary to reach their goals and be happy. To protect this higher values, a legal system needs to be complex and sophisticated. We need the proper terminology to put these concepts, which we call legal precepts, in writing for all to see and observe. It is a fact that many times they will differ from conventional language, not because legislators, attorneys and judges wanted to, but because they had to. This is why we have lawyers in our society.
Memorizing legal terminology like a parrot is easy, it only requires of memory and patience. Knowing the “why” and “how” of a legal term, and understanding its different meanings and applications according to context is a different story: it requires a deep knowledge of legal philosophy, substantive and adjective law, and the development of an analytical capacity that allows the individual, who has the background mentioned above, to decipher hidden meanings, legislators’ intent, and applicability to the specific set of facts (there is a term in Spanish to describe this essential skill: “criterio jurídico”) It is only then that we are in a position to truly know the meaning of a term that makes it applicable to our particular set of facts. We need to have context to know when and how to use legal terminology. Everything else is confusing, vague, and potentially damaging to the client.
In Mexican legal Spanish, the term for bankruptcy is different depending on the type of proceedings. The legal term “bankruptcy”, used in the American legal system does not give us enough information to decide the appropriate terminology. We would need to have context to determine if we are facing a Chapter 7 bankruptcy, in which case the correct legal term would be “quiebra”, or a Chapter 11 bankruptcy, as this would be translated or interpreted as “suspensión de pagos”. Without getting into Bankruptcy Law, I have to tell you that these are two very different legal figures and proceedings with very distinct consequences.
Black’s Law Dictionary defines legal interpretation as: “The art or process of discovering and ascertaining the meaning…” (Black’s Law Dictionary Centennial Edition 6th. Edition p.817)
To be able to properly interpret a hearing or sight translate a legal document, court interpreters must know legal terminology on both languages, but to provide a professional accurate rendition, the interpreter must understand the legal concepts and court proceedings being interpreted, and put everything that is happening at the hearing in context, so the choice of legal terms and concepts in the target language is correct.
It is essential that those teaching legal terminology are skilled in this area so they can answer questions with accuracy, and it is important that they explain the “why” and “how” of the legal terms and concepts that they are teaching. It is also very important that those paying for a webinar, workshop, or glossary, demand this knowledge from their instructors. Everything else is dangerous and unethical. Please do not get me wrong, I am not calling for all court interpreters to have a law degree (although having one is a tremendous advantage). All I am asking is that you stop and think of all the possibilities before you utter a legal term in court, and that when you pay for a continuing education course, workshop, talk, or webinar on legal terminology, you make sure the instructor does have the required legal knowledge and skill to teach the subject correctly.
I hope that the next time you see an agency advertising that their interpreters know the appropriate legal terminology, you go a little deeper to find out if they are offering interpreters who truly know how select the applicable legal term or concept, of they are simply advertising bilingual parrots for hire. I now invite you to share with the rest of us your ideas regarding this crucial aspect of court and legal interpreting.
Please let the interpreter do the interpreting!
January 20, 2015 § 6 Comments
We are in award season again!
This is the time of the year when most arts and sports associations honor the best in their profession during the past year. We just recently watched the Golden Globe Awards to the best in the movie and television industry according to the Hollywood foreign press; a few weeks earlier we saw on TV how a young American college football athlete received the Heisman Trophy, and in the days and weeks to come we will witness this year editions of the Academy Awards, Emmys, Grammys, and many others. It is true that most of these ceremonies are held in the United States, and for that reason, they are primarily in English. For people like me, the American audience, enjoying one of these shows only requires that we turn the TV on and watch the program. This is not the case everywhere in the world. There are many sports and movie fans all over the world who want to be a part of the whole award experience. The broadcasting companies in their respective countries know that; they understand that this is good business for their sponsors back home, so they carry the ceremony, in most cases live, even if it means a broadcast in the middle of the night.
The English speaking audience does not think about all the “little” things that a foreign non-English network has to do in order to provide its audience with the same experience we enjoy in the United States, Canada, the United Kingdom, and other countries where most of the people watching the broadcast will speak the same language that will be primarily spoken during the program: English.
As interpreters, even if we watch from an English speaking country, we know that there is a language/cultural barrier between those participating in the show and the audience watching at home. We know that an awards ceremony like the ones described above, can only be successful worldwide because of the work of the interpreters. We understand that without that magical bridge that interpreters build with their words there cannot be an Oscar Ceremony. Many of us have worked countless events where interpreters have to interpret live from a radio or television studio or booth. Even those colleagues who have never interpreted an award ceremony for a television audience have rendered similar services when interpreting live a televised political debate, or a live press conference that is being broadcasted all over the world. We all know that the interpreter plays an essential role in all of these situations.
Due to the complexity of this type of event, I was very surprised when a few days ago I turned on my TV to watch the ceremony of the Ballon d’Or on American TV. For those of you who are not very familiar with sports, the Ballon d’Or is the highest award that a football player (soccer player for my friends and colleagues in the U.S.) can receive from FIFA (the international organization that regulates football everywhere in the planet)
Because I was at home in Chicago, and because most Americans do not really follow soccer (football for the rest of the world) the only way to catch the ceremony live was on Spanish language TV. Unlike English speakers, Spanish speakers in the United States are as passionate about football as people everywhere else, so games and special events are always broadcasted by one of the Spanish language networks that we have in the U.S.
This time, the broadcast of the ceremony was on the Spanish language channel of Fox Sports, and to my dismay, instead of having interpreters in the studio, like most networks do, the channel used two of their bilingual presenters/commentators to convey what was happening in Switzerland where the ceremony was taking place. Because football is truly an international sport, there were many different languages spoken by the participants in the awards ceremony: English, Spanish, Portuguese, French, Italian, Japanese, German, and others that at this time I cannot recall. The feed of the ceremony had the original audio, but it was at the lowest possible volume. We could see how the original broadcast had interpreters for all those who needed them in the auditorium and for all those who were watching on TV (I suppose) all over the world. Unfortunately, in the United States we did not get the benefit of the professional interpretation; instead, we got one of the sports presenters’ rendition, not terrible, but incomplete, and in the third person, coupled with constant and extremely annoying interruptions by the second presenter (who probably speaks less English than his colleague) with comments and statistics that got on the way of the speeches. In other words, they deprived us of the well-planned and rehearsed event that the rest of the world watched, and instead, we had to settle for (1) incomplete renditions, a total lack of localization and cultural interpreting to put concepts in context (because it is not enough to know the language to convey the message in a proper manner to a specific and culturally diverse audience) and (2) comments and “explanations” totally irrelevant to the events we were watching on the screen. I am sure this sports presenter knows his football, but a lack of understanding of what is being said in that precise moment always renders the most accurate comment annoying when the audience can see that it has nothing to do with the things happening on stage.
Now, I know that the two sports commentators had the best intentions; I even think that it was hard for them to do the broadcast, and I have no doubt they tried their best. The problem is, dear friends and colleagues, that the network, a very wealthy one, either decided to save some money by using their own “talent” instead of retaining the services of two professional interpreters, or they think so little of the message that their audience should be able to understand during an event of this importance, that they see no difference between the job their sports commentators did and the rendition by professional interpreters. I think that in a globalized market where people see and hear what happens everywhere in a matter of seconds, broadcasting corporations need to be more careful and understand that the job of a presenter is very different from the job of the interpreter. Moreover, the audience knows. They can tell the difference between an event with a real professional interpreter who is interpreting a press conference, a political debate, or a boxing match, and these sad situations where the people charged with the responsibility to convey what is being said are not equipped to deliver the results. All we are asking the broadcasters is to let the interpreter do the interpreting. Nothing more.
I invite you to share with the rest of us other situations where you have witnessed a bad rendition on a radio or TV broadcast, and to tell us about the current situation in your local market. We want to underline the mistakes, but we also want to recognize those local companies who are doing the right thing and retaining you to do these live interpreting assignments.