Effective depositions require team interpreting.

August 8, 2018 § 9 Comments

Dear colleagues:

I was recently part of a two-interpreter team that interpreted for 2 depositions. They each took a full day; they were complicated because of the subject; they were difficult because of the deponents; they were important because of their crucial part in the litigation process; they were stressful because of the financial impact the outcome of the case will have once it is decided in court or settled by the parties; and they were exhausting even for two interpreters.

As I was rendering this service, I remembered the many times I have heard colleagues say that depositions can be interpreted solo because they are interpreted consecutively. Honestly, I do not know how this could be possible without compromising the flow of the testimony, the timing of the questions, or the quality of the rendition.

I rarely interpret depositions, but the two or three times a year I am asked to do it, it is always as part of a team of two experienced legal interpreters directly hired by one of the law firms I work with. I know the fact that many agencies contact interpreters for these assignments and ask them to interpret solo. It is clear they follow this practice not because they believe depositions are simple enough to be interpreted by one interpreter, but because they are putting money before quality. Many attorneys, who do not know better, buy into this idea, and by accepting this practice, they contribute to the perpetuation of the idea that consecutive interpreting in a deposition setting does not require team interpreting.

Before the actual deposition, like in any assignment, my partner and I had to study all materials relevant to the case, we had to travel to another state the day before these depositions, check into a hotel, get to the venue the following morning (in a different time zone) early enough to assess the place and determine where we would sit during the sessions, and set up our iPad and other materials at the boardroom table where the deposition was to take place.

The depositions were complicated because of the technical matters discussed, the many dates, places, names, etcetera. They were also difficult because of the deponents’ reluctance to answer the questions. Both deponents spoke Spanish, but they were from different countries, different gender, they had a different background, and conflicting interests regarding the outcome of the case.

Because the attorneys and interpreters were from out of town, the Law Firm was interested in finishing the matter in two days. This meant long hours with short breaks.

Even though we prepared for the assignment, and we were flooded with many documents, there were certain technical terms, types of software, and other concepts not in the package. We had to research on the run by going online and looking up concepts and products. This can only happen when you have two interpreters working as a team where one interprets (active) while the other one (passive or supporting) does the research and passes on the information found to his or her colleague.

I do not see how this could happen when working alone. The interpreter would have to request a break to research what is needed. This would bring at least four unwanted consequences: (1) The deposition would take longer, generating additional costs when held out of town; (2) It would break the rhythm of the dialogue between attorney and deponent, causing attorneys to lose their train of thought; (3) It would cut the flow of an answer by interrupting the way the deponent is describing or telling something, or in another scenario, it would give a deponent time to think an answer eliminating the effect intended by the attorney asking the questions; and (4) The interpreter’s rendition could be compromised because on top of the complex and exhausting task of interpreting everything alone, he or she would now undertake another tiring task: research in a hurry because you are holding up the deposition. To compensate, attorneys would shorten the breaks and the interpreter would have to work more than originally expected with less time to rest.

On both days, we shortened our active interpreter shifts towards the end of the day so we could maintain the quality level of the interpretation. On both days the passive, supporting interpreter, had to research during the sessions; and as always, when you work as a team, we both consulted with each other when needed (doubts about a term, a number, a regional or technical expression) by simply exchanging notes without interrupting the deposition. I will not even mention the impromptu “saves” during a coughing attack or a bathroom emergency.

Depositions happen in civil cases where there is often a lot of money on the line. My experience is that attorneys who do this work are very receptive to the advantages of having the interpreting service provided by a team. They get the importance of a smooth deposition, and they understand the costs saved by avoiding prolonged sessions because of continuous interpreter breaks. As experienced attorneys, they know the difference between a fresh interpreter and an exhausted one. They are aware of how difficult our work is, and they trust our professional advice. For this reason, they will go for a team of interpreters instead of a solo. I would say to those of you who claim this is impossible because the agencies will not go for it: Talk directly to the law office. Do not wait for an agency to find you for a deposition. Go out there and find your attorney clients yourselves. It has worked for me. I now ask you to comment, and I would like to hear what you do when you are unfortunately interpreting a deposition by yourself and you need time to research something where attorneys are working under time constraints because of financial considerations or due to their professional agendas or the availability of the deponents.

Diplomatic Interpreting: Misunderstood and little known.

July 18, 2018 § 13 Comments

Dear colleagues:

During the last month we have seen plenty of diplomatic activity around the world, most of which involved the president of the United States. First, president Trump met with North Korea’s leader Kim Jong Un in Singapore; next, he met with several heads of state in Europe during the NATO meetings, and after his visit to the United Kingdom where he needed no interpreter, he met Russian president Vladimir Putin in Helsinki.

Through current 24-hour news coverage around the world, these encounters and press conferences have put diplomatic interpreters on the spotlight in an unprecedented way. Diplomats and politicians have always known the role of the diplomatic interpreter in these events, but journalists, social media users, and TV viewers are just discovering the importance and complexity of this essential function needed in all diplomatic exchanges when the parties share no common language.

The interpreting profession is growing all over the world, but most of its expansion is coming from the legal, healthcare, and community service fields; therefore, diplomatic interpreting is also new to many interpreters who never had an opportunity to do it.

Many of our colleagues seized the opportunity to highlight the difference between translating and interpreting by constantly bombarding all social media with entries correcting the term used by journalists and lay people, and making it crystal clear that (at least in languages with different words to describe interpreting and translating) those accompanying the presidents were interpreters, not translators. Many of their social media comments showed they knew little about diplomatic interpreting. Look at these remarks found on social media and interpreter forums and chatrooms: “…the interpreters working the summit hopefully demanded team interpreting…Did they consider that North Korean is a different dialect when assigning Trump’s interpreter?…Did they tell interpreters that Kim Jong Un has a Swiss accent?…Kim Jong Un speaks English, but they needed an interpreter to clean up Trump’s remarks…interpreter better watch diplomacy if president does not…Who would want to interpret for Trump?…I bet these interpreters will write a book after the summit…; or this one: “…Why would a woman interpret for Putin and Trump?…

Diplomatic interpreting is a very specialized field. It requires the same skills needed to interpret in other fields, plus other technical, cultural, ethical and diplomatic knowledge and abilities, and self-confidence, courage, stress control, and refraining from showing personal emotions and opinions. It includes a broad range of elements and factors that make communication possible at presidential level, ministries, international organizations, and international military organizations.

Besides all modes of interpretation used in all other settings, diplomatic interpreting requires impeccable consecutive interpreting that goes beyond memory, note taking and visualization; it also needs of the interpreter’s insights, observations, impressions and readings derived from discreet but careful eye contact with the source and target, which must incorporate body language, gestures, and intonations to convey the most accurate rendition, this while walking on eggshells  in a world where nuances are extremely important. Often working with no equipment, diplomatic interpreters must project their voice so they can be heard by the target.

Diplomatic interpreters must possess an excellent simultaneous delivery with the right decalage and comprehension of the issues discussed to provide the right meaning in those topics being addressed at the meeting or conference. They work in the booth like all conference interpreters, but they also constantly interpret simultaneously performing chuchotage escort interpreting for the head of state. This requires additional skills not always needed in the booth, such as extreme concentration to isolate the voice of the source during a state dinner while many others are speaking. Interpreters must master this discipline so their voice can be heard by their target with clarity, while taking care of their voice so they can continue to work as interpreters. “The ability to express ideas clearly, and above all great familiarity with the different cultures is a must…good voice projection and especially modulation are assets which seem to acquire even more weight… because whispered interpretation is commonly required…” (Maria Rosaria Buri. “Interpreting in diplomatic settings”. https://aiic.net/page/7349/interpreting-in-diplomatic-settings/lang/1)

Both, consecutive and escort diplomatic interpreting are rendered at an unprecedented level of stress and pressure.

Sometimes, the job goes to somebody not qualified to be a diplomatic interpreter and the consequences can be ugly. This was the case during Mexican president Felipe Calderón’s visit to the White House in 2010 when he addressed president Barack Obama about pending immigration policy and legislation in the United States. In Spanish, Calderon’s comments were straightforward and clear as he spoke to the common values and principles that united the United States and Mexico. A halting and grammatically incoherent English rendition by the Mexican interpreter followed. The interpretation was so difficult to understand that the American delegation ignored the rendition and used a written translation instead. The Mexican delegation blamed its own translation, and from that point on, president Calderón spoke in English until another interpreter joined his team in Ottawa where his trip continued after Washington, D.C. The Mexican government indicated that the interpreter had come with the presidential delegation, but apparently this individual did not regularly interpret for Calderón. (NBC News. Copyright 2010 Associated Press. (http://www.nbcnews.com/id/37238436/ns/world_news-americas/t/calderon-visit-marred-poor-translation/)

Those who are chosen to work as diplomatic interpreters must have broad knowledge and keep up to date with world political, social, and economic affairs. Keeping abreast of international developments and the issues at stake is essential for interpreters working in any language mediation setting.  Diplomatic interpreters must be familiar with dress codes, etiquette, demeanor, the correct form to address dignitaries, tact, and savoir-faire, the principles of being discreet and of not censoring. However, sometimes they must use harsh language when the source does so. In December 1983 then vice president George H.W. Bush went on a secret mission to El Salvador in a civil war. Stephanie Van Reigersberg, when head of the interpreting division of the Office of Language Services of the U.S. Department of State was assigned to accompany him. Bush was there to deliver a warning to a group of military commanders about the government’s death squads. Secret Service agents recommended the vice president call off the meeting, but he refused. “Basically, he cursed them out” Van Reigersberg said. “…having a woman interpreter using that kind of language really got their attention”. After the meeting, she realized that she had been so concentrated on her work she had lost any sense of danger until Bush remarked: “…well, I almost got us both killed, didn’t I?”

Each country has its own internal policy and criteria to select and appoint diplomatic interpreters; for security reasons, most nations choose staff interpreters vetted and cleared as ethical, professional individuals worthy of their nation’s trust. Some others select independent contractors then subjected to rigorous background checks and assigned a security clearance level, with only those with the highest level being assigned for top diplomatic interpretations. Finally, many countries have a mixed system where staff interpreters are used for the most common and widely spoken languages, while independent contractors with top security clearance are retained to interpret in less common languages. In the United States, interpreting for White House and State Department officials is provided by the Office of Language Services (part of the U.S. Department of State). The Office’s “…diplomatic and conference interpreters (are on its) staff, and conference interpreters (are on its) contractor rosters…” (https://www.state.gov/m/a/ols/c57124.htm). Often, the diplomatic interpreter accompanying the head of state is the highest interpreter in their home country. Dr. Yun Hyang Lee, who interpreted for president Donald Trump during the meetings with North Korean leader Kim Jong Un, is the current head of the interpreting division of the Office of Language Services of the U.S. Department of State (Time. Eli Meixler, Mahita Gajanan. June 13, 2018)

A diplomatic interpreter is not just selected from an interpreters’ association directory on line. They are trusted, vetted, and tested professionals recognized for their skill and field of expertise. Thoroughness is essential in this work, it is never a matter of finding an equivalent or substituting a word; the interpreter must understand the thought expressed and its underlying meaning to interpret. Interpreters must know the specialized jargon and background information. You cannot interpret what you cannot understand. It is crucial that interpreters have all needed knowledge for each assignment. Sometimes they are privy to the same briefing the president gets; often, because of the delicate matters to discuss, information is subject to secrecy and interpreters only get it at the right moment, but always with time to be prepared for the job. Words are so important in diplomatic interpreting that sometimes they can set the mood for a negotiation: During a U.S.-Soviet summit in Washington, D.C. in December 1987, president Reagan welcomed his cold war rival Gorbachev to the White House to discuss peace. During the official welcoming ceremony, Reagan stated that: “…today marks a visit that is perhaps more momentous than many…because it represents a coming together not of allies, but of adversaries…” The U.S. interpreter on that occasion was Dimitry Zarechnak, and the Soviet interpreter was the legendary Pavel Palazhchenko. When it came the time to interpret the speech, Zarechnak told National Public Radio (NPR) in 2001 he was “…agonizing over the word adversaries” because the Russian word for “adversaries” protivniki, sounds similar to a word that means “disgusting”: protivniy. “…In English, you can have a noble adversary. In Russian it sounds terrible…” he added. Instead of repeating the word “adversaries”, Zarechnak used a Russian word for “competitors” which Gorbachev liked. This same word was used by president Trump this week when he was asked if president Putin was his enemy and he replied that “…I have always said he is (my) competitor…” (National Public Radio NPR (https://www.npr.org/2018/06/11/611734103/the-pressure-of-being-an-interpreter-at-a-high-stakes-summit)

Occasionally, interpreters are indirect recipients of a tense internal relationship within a government structure. This can affect their work and their preparation.  During the Nixon administration, president Richard Nixon and Henry Kissinger distrusted the State Department and had a less than friendly relationship with secretary of state William Rogers, sometimes they kept the U.S. interpreters out of the meetings for fear they would brief Rogers. This meant that sometimes the interpreters would assist in meetings between the secretary of state and foreign leaders on topics about which the White House had kept the interpreters in the dark. (Harry Obst. “White House Interpreter: The Art of Interpretation”. ISBN-13:978-1452006154).

Some say that these interpreters participate in making history. This is both: a privilege because they get to be eyewitness to some events that will be in the history books of tomorrow; and a burden because it means more stress and pressure which translate in tremendous responsibility. Interpreters like the ones who accompanied president Franklin D. Roosevelt to Yalta, or like Irene Bruno from the Office of Language Services of the U.S. Department of State who interpreted for president Barack Obama during his visit to Havana in March of 2016.

Diplomatic interpreters are constantly studying and fine tuning their craft. They have great flexibility. On October 23, 2000, Madeleine Albright, U.S. secretary of State under president Bill Clinton, met former North Korean leader Kim Jong Il. Albright had the services of U.S. Department of State Senior Korean interpreter Tong Kim. Albright’s mission was to persuade the regime to abandon its long-range missile program. To prepare, Tong Kim learned arms control jargon, reviewed top-secret briefs, and read a dozen books on nuclear bombs. Kim later stated that he “…kept…reading every article in newspapers and academic journals…” He says that when he began interpreting he “spoke like a South Korean, and they did not seem to appreciate it…” so he perfected a North Korean accent and dialect: “I picked up their language, their intonation, their dialect…and that gives them some trust…” (National Public Radio NPR (https://www.npr.org/2018/06/11/611734103/the-pressure-of-being-an-interpreter-at-a-high-stakes-summit)

Due to the nature of the task, these interpreters often work alone and for many hours. Although team interpreting may be feasible for the conference work in the booth (usually a press conference where the second interpreter may not need to have the same level of security clearance, even though they usually do) long consecutive and chuchotage are generally performed by the same interpreter throughout the encounter. This requires that diplomatic interpreters have great stamina and good health. An important point because it takes many years of practice and study to reach this professional level, therefore many diplomatic interpreters are not very young.  Add the stress factor, generally present in these events because of the importance of the issues being negotiated, the bilinguals in the room who may think they have a better way to say something, and the constant feeling that if something goes wrong, interpreters could be blamed, even if the mishap was not entirely their fault.

Diplomatic interpreters develop an important working relationship with their source. This relationship takes many shapes and forms; sometimes the source is quite detached, and other times they rely on the interpreter for more than interpreting. We are their cultural advisors and sometimes their local history and geography consultants. For example, Harry Obst, who interpreted for seven U.S. presidents during his career, and was the head of the U.S. Department of State Office of Language Services, recalls how President Lyndon Johnson, who ascended to the presidency suddenly when president John Kennedy was killed, was eager to tap interpreters’ wisdom: “…Johnson would caucus with me before the meeting, and he would say, ‘Look, do you know this person? What is he like? Is he devious? Is he straightforward? It is best to raise a subject straight on or fish around it a bit?’” (Harry Obst. “White House Interpreter: The Art of Interpretation”. ISBN-13:978-1452006154). During the Trump-Putin meeting in Helsinki we could see the different relationship that each president has with his interpreter, while president Trump’s interpreter, Marina Gross from the Office of Language Services of the U.S. Department of State, sat on the chair already positioned for her a few feet to the right of the president, president Putin’s interpreter walked on stage, grabbed his chair and put it next to Putin, just a few inches away.

Sometimes diplomatic interpreters working under such pressure make a mistake; they are humans. During a discussion on an open skies proposal between the 41 president of the United states, George H.W. Bush, and Soviet leader Mikhail Gorbachev in 1990, Soviet interpreter Igor Korchilov said the word “verifying” in English, instead of the correct term “verified”. Everybody in the White House Cabinet Room looked at him, including Gorbachev who quickly said: “No, no. I never said that…” On an interview with National Public Radio (NPR) in the United States, Korchilov remarked: “…To this day, I still feel extremely embarrassed…” On his memoir, Korchilov wrote: “…At the moment I wished the earth could swallow me up…” He then addressed president Bush to apologize, and the American president replied: “…Relax, the good news is that you didn’t start World War III…” He then apologized to Gorbachev who said something all interpreters need to remember: “…Oh, don’t worry, Igor. Only those who do nothing make no mistakes…” (Korchilov Igor, “Translating History: 30 Years on the Front Lines of Diplomacy with a Top Russian Interpreter).

Igor Korchilov made a mistake, but he was a great interpreter who worked as Gorbachev’s interpreter from 1987 to 1990.

Great interpreters make mistakes like everyone else, they just make them on a world stage and everybody finds out, as it happened in the well-publicized case of the joint press conference of U.S. president Barack Obama and king Felipe VI of Spain at the Oval Office in 2015. At the time, Spain was facing an independence vote in Catalonia that could end up in a political and economic crisis for the kingdom. On his remarks, president Obama stated that the United States wanted a relationship with a strong and united Spain (“una España fuerte y unificada”) but the interpreter’s rendition was: “a stronger and united relationship with Spain” (“una relación [cada vez] más fuerte y unida [con España]”) (“El Mundo”. Sept. 2015. http://www.elmundo.es./enredados/2015/09/16/55f9477022601da52a8b45a0.html ) The king, who studied in Georgetown University and speaks English, immediately looked at his delegation and made sure that the Spanish press got the correct presidential statement and not the mistake. Moreover, since interpreter renditions into the foreign language (in this case Spanish) are not shown on American media where they broadcast the president’s remarks in English, nobody noticed the mistake on the American media, but it was big news all over Spain. Once again, this interpreter had faced tougher situations many times.

I hope this gives you all a better idea of what diplomatic interpreters do, who they are, and how they work. I leave you with a quote from David Bernet and Christian Beetz press release for their documentary “The Whisperers”:

“They appear in the shadow of the mighty…the interpreters. They have been around forever or, at least, ever since different languages and cultures have met. The discretion that goes with their job makes interpreters very inconspicuous people. But behind the cloak of professional neutrality, one can discover a cast of fascinating characters who dedicate themselves to their craft with the utmost passion” (David Bernet and Christian Beetz press release for their documentary “The Whisperers” http://www.gebrueder-beetz.de/en/productions/the-whisperers-2#uebersicht)

Federal court interpreter exam candidates’ emotional distress continues.

July 10, 2018 § 13 Comments

Dear colleagues:

On June 30 those who took the federal court interpreter exam in the United States last year, and have not received their test results to this date, found an email from the Administrative Office of the United States Courts (FCICE@ao.uscourts.gov) in their inbox.

Once again, and after all this time, the email was to “provide an update” on the status of the scores. The email explained how all exams have either been scored and equated, or invalidated. The email then goes into a very detailed explanation of the scoring and review of the exams, but it only addresses the news that candidates care about towards the end of the communication by stating that “…no dates have yet been set for the 2018 re-administration of the oral phase of the… examination…” and it then drops the bomb when it indicates that “…dates will most likely not be determined until after November 2018…” and it gives an “assurance” to those who have been victimized by the credibility of the AO since they took the exam last year, that regardless of when the exam is re-administered, “…it will be administered in time… to qualify for the 2019 administration of the oral phase…”

Once again, the email tells nothing to the candidates, and once again it lacks an apology, by now long due to all of our colleagues who have endured this nightmare for so long. The email does nothing to comfort the candidates. Instead of informing them of their scores, it gives them an unusual explanation about the way these scores will be delivered. First, they will receive an email informing them that their score has been snail-mailed through the U.S. Mail. Can you imagine how much longer those candidates who live outside the United States must wait for the letter to get to their mailbox?

The email speaks of the “re-administration” of the test, but it says nothing about the entity in charge of the task. At this point is not known if there will be a new contractor or if the AO itself will administer the exam.

It concerns me to see how the government does not get it. Once again, they distract the candidates from the fact that nothing relevant has changed since the last time they received a letter from the AO, with a lengthy explanation on how the exams have been scored, equated, and reviewed.

The validity of the exam and the integrity and skill of the raters are the only things never questioned by anybody, yet, they continue to dominate the communication to the candidates. What everybody questions is not the exam nor the examiner; the answers everybody is waiting for concern the decision-making process that resulted in contracting paradigm and the accountability of those who made such decision; the readiness of Paradigm to administer an exam like the federal court interpreter certification test, when there was nothing in their background to suggest they could perform the task; and finally, the way the AO has handled the situation after the exam, from its secrecy and lack of transparency, to the delays, to a full report on what they are now doing to hire a capable contractor and to make sure that another fiasco of this enormity never happens again.

The candidates got another email, and from that, they got:

No apology from the AO for all damages caused to the candidates who took the exam.

NO admission of any wrongdoing or even responsibility for retaining Paradigm and for acting the way they have after the exam was administered.

No word on who will be the new retained contractor, or what they will do to re-administer the test. It is very important to know who the new contractor is because candidates will want to know that the selected corporation can handle the administration of both: written and oral tests in 2019.

No date for the retake, just a hint it will probably be after November. This assures all candidates an awful holiday season full of pain and suffering.

Not a word on reimbursement of the fees paid for the exam “administered” by Paradigm, and nothing on covering travel and other expenses for those who had to travel from far away to take the Paradigm exam.

Another development in this shameful saga happened on the written federal court interpreter certification exam: Even though Paradigm’s website still links to the FCICE webpage; the link has been disabled by the AO, and their website now indicates that at this time there is no date for the “summer” written examination, but from a careful reading on the website you can conclude it will be next year.

To mend the biggest fiasco in court interpreting history, people will take both, written and oral tests on the same year, altering the spirit of the exam as originally conceived, and ending a tradition.

Dear friends and colleagues, candidates who took the exam last year and those studying this year for the written test: it looks like you will continue to suffer emotional distress and enormous tension as you are likely to spend your 2018 holiday season studying for a test you had the right to take this year.

I now invite all candidates who took the oral exam, those studying to take the written test, and those certified interpreters who feel for these colleagues, to share their stories of struggle and frustration during this very dark time for court interpreting in America.

What is the meaning of the term “Founding Fathers”?

July 2, 2018 § Leave a comment

Dear Colleagues:

This Fourth of July the United States celebrates its 241st birthday. The founding of our country motivated me to write about a term frequently used but seldom understood: “The Founding Fathers”.

Many interpreters, U.S. and foreign born, including some who use the term at work, have told me they believe they know who we are referring to when we speak of the “Founding Fathers”, but they ignore the meaning of such a phrase. They do not understand what it means. The fact is they are not alone.  Let me explain:

Since the foundation of the United States, there has been a great deal of respect for those who made it possible to have a new nation free of tyranny and monarchy, where people would be recognized as equal and govern themselves according to their own collective will.  These remarkable individuals contributed to the nation and were originally called the “fathers” of the country.

These American heroes included those who participated in the drafting and signing of the Declaration of Independence, those who signed the Articles of Confederation of 1781, and the Commander in Chief of the Continental Army.

Another equally recognized and honored group of American heroes are the “framers”. They include all delegates to the Constitutional Convention of 1787 and the authors of The Federalist Papers. Of the 55 framers, only 39 were also signers of the Constitution.

The “Fathers” are called “Founding Fathers” for the first time by President Warren G. Harding in 1916. The phrase was catchy and stayed.

After 1916 the term “Founding Fathers” has been applied to all those who contributed to the birth of the nation. The original “Fathers”, the “Framers”, and many others who fought for independence on the battle field or at Independence Hall are now called America’s “Founding Fathers”; and the list of “Founding Fathers” is constantly expanding to include all individuals, regardless of race, gender, or national origin, who contributed to the success of the Revolutionary War.

Many authors set some of the “Founding Fathers” aside from the rest and are sometimes called the “Key Founding Fathers”. It is usually these individuals that historians, speech writers, journalists, and lay people have in mind when they speak of the “Founding Fathers”. Columbia University professor, and renowned historian, Richard Morris, identified this American heroes as the “Key Founding Fathers”: John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington.

Adams, Jefferson, Madison and Washington were Presidents of the United States. Adams, Jefferson and Franklin were part of the 5-member Committee that drafted the Declaration of Independence. Hamilton, Madison, and Jay authored The Federalist Papers.  Jay, Adams, and Franklin negotiated the Treaty of Paris that ended the War of Independence; and George Washington was the Commander in Chief of the Continental Army and presided over the Constitutional Convention.  Washington, just like Hamilton, Madison, and Jay, did not sign the Declaration of Independence.

Now you know who the “Founding Fathers” are and what the term means.  Just like everything else in the United States of America, it is a group of men and women, some foreign born, with diverse ethnicity, who contributed their life’s work, and occasionally their own life, to create the country we honor today. We welcome your comments. Happy Fourth of July!

Interpreters: Your clients, and your clients’ clients.

June 4, 2018 § 7 Comments

Dear colleagues:

I get goosebumps every time I hear freelance interpreters talk about their “boss”. I am constantly surprised at the huge number of independent contractor colleagues who refer to the authorities at the agencies, hospitals and courthouses they provide interpreter services for as their bosses.

This is an abomination when used to describe the other party to a professional services contractual relationship, now exacerbated by the very dangerous ruling by the United States National Labor Relations Board (NLRB) in SOSi where it ordered this interpreting agency to reclassify its interpreters working as independent contractors as employees. SOSi is appealing the decision, and we will discuss it in depth on a future post.

Our concern today is the conscious or subconscious lack of understanding of the professional services relationship derived from a contract where an independent interpreter is the service provider.

Freelance interpreters are independent professionals who provide their services for a fee. The terms of such services and fees are agreed upon by the interpreter providing the service and the individual or corporation recipient of the interpreting services in a contract. The parties to this contract are: The professional (who provides the interpretation, in other words, the interpreter) and the recipient of the professional service, called the client.

Yes, dear friends and colleagues, as freelance professional interpreters we provide our services to a counterpart called the client. Our main contractual duty is to render the interpreting services as agreed with the client, and the client’s main obligation is to pay the agreed fee in exchange for those services. The contract is called: Professional services contract.

Freelance interpreters are independent professionals free to choose the clients they want, under the terms they see fit, and for the service they picked. There is no authority figure over the freelance interpreter. All duties, responsibilities and obligations are contained in a voluntary contract (oral or written), a professional code of ethics, and the legislation governing the profession in a particular jurisdiction.  Client and interpreter are equals. There is no boss.

Bosses exist in labor relations where a part: the employee, is in a subordinate position to the other: the employer or boss, who gives directions, orders, and instructions to the subordinate who must comply with these commands during working hours, in exchange for a fixed wage. Employer and employee are not equals in this relationship. An employee cannot choose what she does. If she does not comply she will be sanctioned and even fired.

Webster states that: a client is “… a person who engages the professional advice or services of another…” Oxford tells us that a client is “…a person or organization using the services of a lawyer or other professional person or company…”

Interpreting is a profession. Interpreters perform a professional service. Interpreters, like all professional service providers, have clients.

Here we see then that we must not call a client a boss because it is inaccurate, and it immediately puts the interpreter at a disadvantage. Calling your client “boss” creates a subservient relationship in your mind that will quickly translate into an attitude and lifestyle. It paralyzes the interpreter as she or he will no longer feel capable or worthy of arguing work conditions, professional fees, or assignments.

For those of you who see judges, doctors, court and hospital administrators, and language service agencies: Eliminate that thought. It is wrong. They are your clients, and you can negotiate and refuse assignments when you consider it appropriate.  Your duties and responsibilities to do a professional top-notch job come from the contract, the legislation, and from your professionalism. You do a good job because you are a professional who wants to provide a good service because you want to keep the client, or you just want to do the right thing. You don’t do it because you have somebody breathing on your neck looking over your shoulder micromanaging everything you do. You do not need someone telling you how to dress for an assignment, or reminding you to get there on time. However, as long as you see the client as your boss, they will act as your employer.

Professional interpreters have clients and charge professional fees. They do not charge rates. A commercial product vendor or a non-professional service supplier do not have clients. They have customers. A customer buys goods or non-professional services from a business. Webster defines them as: “…one that purchases a commodity or service…” Oxford gives more details when it tells us that a customer is “…a person who buys goods or services from a shop or business…” Unlike professionals, these merchants get a rate or a price in exchange for the goods or non-professional services purchased.

Physicians and dentists are professional service providers, so they technically have clients, but for historical reasons, and due to the nature of their services, these service recipients are called patients. According to the American Medical Association’s Code of Ethics (AMA), physicians must be “…dedicated to providing competent medical care, with compassion and respect for human dignity and right.” It also considers that people with an illness must wait to see a doctor or to be treated, and that requires patience. Webster indicates that a patient is “…an individual awaiting or under medical care and treatment…”  To Oxford it is “…a person receiving or registered to receive medical treatment…”

I have observed how many freelance interpreters have a hard time separating their client from others who may participate in the process like vendors and providers. The convention center or hotel events center are not the interpreter clients, they are vendors who provided the facility so there can be a conference. Unless the interpreter hired them directly, they have no contractual relation with the interpreter. They are the interpreters’ clients’ problem. The same can be said for the technical support: booths, interpreting equipment, sound system, etc. Unless they were hired directly by the interpreters, these are also suppliers who have a contract with the interpreters’ client, not with the interpreters. They are not your problem either.

Another common mistake is to confuse the direct beneficiary of the interpretation with the interpreter’s client. Usually, they are not your client. The five hundred people in the auditorium listening to your rendition are the direct beneficiaries of your professional rendition. Without you they could not attend the event; however, they are not your clients. They are your client’s clients. As professionals we must accommodate all reasonable requests by the audience and the speakers, but they are not the ones paying your fee. They are paying your client because they are your client’s clients. For this reason if a person in the auditorium asks you to speak louder, you may consider the request, and even honor it when reasonable; but if somebody attending the conference asks you to take a recorder to the booth and record the rendition for him, you will decline, and direct him to your client (please read my blog post on what to do in this situation).

Dear friends and colleagues, as professional interpreters who provide our services as freelancers we have many clients we choose. We decide who we want as our client, and who we do not. We have the last word on whether we do an assignment, and when a professional relationship with a client must end. We set and negotiate the terms of our work, our pay, and out booth mates.  Employees do not get to do this because they have a boss: the employer. We do not. We practice in a world where we are equals with our counterparts in a professional contractual relationship. We do a magnificent job, we accommodate all reasonable requests of our clients’ clients, and we cooperate and support other providers and suppliers such as facility workers and technical support staff, but we do it because we are professionals and we have made a business decision to keep the client we want to keep, not because we are told to do so. Please stop referring to your client as your “boss”, and the next time a project manager tells you what to wear to an assignment, to be on time; or the next time a hotel waiter tells you not to have a cup of coffee, please stand up for your dignity and that of the profession. I now invite you to share your thoughts on this issue.

The U.S. Armed Forces and Memorial Day.

May 28, 2018 § 4 Comments

Dear Colleagues:

On the last Monday of May we observe Memorial Day all over the United States. Many friends and colleagues have asked me who do we honor and why. Others confuse Memorial Day with Veterans Day. Memorial Day is a federal holiday for remembering the people who died while serving in the country’s armed forces.  It also marks the start of the unofficial summer vacation season throughout the nation. Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.

On Memorial Day, the flag is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon.  It is then raised to full-staff for the remainder of the day. The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon, their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all.

Now that we clarified what Memorial Day is, let’s talk about the armed forces of the United States. There are five branches of American armed forces: the Army, Marine Corps, Navy, Air Force, and Coast Guard. The President of the United States is the Commander in Chief.

The United States Army is the largest branch of the armed forces and performs land-based military operations. With the other four branches of the armed forces, plus the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, is one of the seven uniformed services of the United States.

The United States Marine Corps is a branch of the armed forces responsible for providing power projection using the mobility of the Navy, to deliver rapidly, combined-arms task forces on land, at sea, and in the air.

The United States Navy is the naval warfare service branch of the American armed forces. It is the largest Navy in the world, with the world’s largest aircraft carrier fleet.

The United States Air Force is the aerial warfare service branch of the armed forces, and it is the largest and most technologically-advanced air force in the world.

The United States Coast Guard is a maritime, military, multi-mission service unique among the U.S. military branches for having a maritime law enforcement mission (with jurisdiction in both domestic and international waters) and a federal regulatory agency mission as part of its mission set. It operates under the U.S. Department of Homeland Security during peacetime, and can be transferred to the U.S. Department of the Navy by the president of the United States at any time, or by the U.S. Congress during times of war.

To complete this brief description of the United States armed forces, I would like to explain the Joint Chiefs of Staff.

The Joint Chiefs of Staff is a body of senior uniformed leaders in the United States Department of Defense who advise the president, the secretary of Defense, the Homeland Security Council, and the National Security Council on military matters. The composition of the Joint Chiefs of Staff is defined by statute and comprises the Chairman of the Joint Chiefs of Staff, the Vice Chairman, the Military Service Chiefs from the Army, Marine Corps, Navy, and Air Force; and the Chief of the National Guard Bureau, all appointed by the President following Senate confirmation. The Chairman of the Joint Chiefs of Staff is, by U.S. law, the highest-ranking and senior-most military officer in the United States armed forces and is the principal military advisor to the president, National Security Council, Homeland Security Council, and secretary of Defense.  Even though the Chairman of the Joint Chiefs of Staff outranks all other commissioned officers, he is prohibited by law from having operational command authority over the armed forces; however, the Chairman assists the President and the Secretary of Defense in exercising their command functions.

I hope you find this information useful and I hope that it may come in handy when interpreting national defense or military issues involving the United States. I now invite you to add any additional information you may consider useful and relevant to our practice as professional interpreters.

What ever happened to the written federal court interpreter exam?

May 21, 2018 § 16 Comments

Dear colleagues:

With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.

The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”

This message has remained intact for months; no updates, no explanations, no changes.

In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.

Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.

We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.

I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.

If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of  both oral and written exams, please tell the interpreter community.

This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.

We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.

Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.

It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.

It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.

Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.

Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.

Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.

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