January 9, 2015 § 41 Comments
Interpreting is a very difficult profession. It deals with the widest variety of themes and subject matters, and it completely depends on the human brain. All professional interpreters have made mistakes at one time or another, and we will make some more before our careers are over. Fortunately, good interpreters know how to recognize a mistake, and have the professional honesty needed to own their mistakes and correct them. We all know how to correct a blooper from the booth, with a physician, or on the record in court cases. This is enough in most cases, and we have professional liability insurance for those bigger errors we can make while practicing our profession. Most goof-ups do not go beyond a correction, an apology, and a good dose of embarrassment. Unfortunately, every once in a while an interpreter makes a mistake that can literally impact the entire world. I know that there are many more examples of these catastrophic interpreting mistakes, and I am even aware of many more than the ones I have included in this post. To decide what to include, and to drive home the point that none of us are safe from making an error of this magnitude (and that for that reason we must be alert at all times) I considered the relevance of the mistake, and the variety of interpreters who made them. These are the biggest interpreting mistakes in history that made my list:
In 2006, according to the interpreter’s rendition, the president of Iran, Mahmoud Ahmadinejad called for Israel to be “wiped off the map”. It was learned later that what he actually said was “the regime occupying Jerusalem must vanish from the page of time”. Regardless of your opinion about this statement, it is clear that its reach was different from what the interpreter understood. In a region of the world as delicate as the Middle East a mistake of this magnitude can have huge implications.
To continue with more presidents, in 1976 U.S. president Jimmy Carter spoke to a Polish-speaking audience and opened his remarks by saying: “I left the United States this morning”. The interpreter’s rendition was: “When I abandoned the United States”. Those present laughed at the obvious mistake, but things got more complicated later during the speech when the president said that: “…I have come to learn your opinions and understand your desires for the future…” The rendition by the same interpreter was: “I desire the Poles carnally…” and then the interpreter went on to criticize the Polish constitution. Of course these mistakes should never happen at that level, but sometimes they do.
This reminds us of the famous blooper during Nikita Khrushchev’s speech at the Polish Embassy in Moscow when he was interpreted as saying, in reference to the United States and the Western World at the highest point of the Cold War: “We will bury you”. Now we all know that what he really said was: “We will outlast you”, and we all know of the consequences that this poor rendition generated during such a tense time in history.
In July 1945 after the United States issued the Potsdam Declaration demanding the surrender of Japan in World War 2, Japanese Prime Minister Kantaro Suzuki called a press conference and in a statement he said: “No comment. We are still thinking about it”. Unfortunately, the interpreter’s rendition was: “We are ignoring it in contempt”. We all know what happened next.
In 1980 Willie Ramírez, an 18-year old, was admitted to a Florida hospital in a comatose state. At the time of admission, an interpreter made a mistake and translated the Spanish term “intoxicado” which means poisoned or having an allergic reaction as: “intoxicated”. Willie, who was suffering from an intercerebral hemorrhage was only treated for an intentional drug overdose. As a result, he was left quadriplegic.
St. Jerome, the patron saint of translators, studied Hebrew so he could translate the Old Testament into Latin. His translation contained a famous mistake, When Moses comes back from Mount Sinai his head has “radiance”, in Hebrew: “karan”; but because Hebrew is written without vowels, St. Jerome read: “keren” which means “horned”. Because of this mistake we have many paintings and sculptures of Moses with horns.
Finally, we all remember Thamsanqa Jantjie, the Sign Language interpreter at the Nelson Mandela funeral. He made meaningless Sign Language motions during the ceremony for unknown reasons. He has since been committed to a psychiatric hospital for schizophrenia.
The lesson is clear. As professional interpreters we have to protect our profession from paraprofessionals, “wanna-be interpreters”, ignorant clients, and unscrupulous agencies, but we also have to watch what we do and say. Nobody is above error, so our only choice is to continue to practice and study, to honestly decline those assignments that we are not ready for, and to look after our colleagues in the booth, the courtroom, the negotiations table, or any other venue where we may be providing our services. I now invite you to share with the rest of us other interpreting mistakes, big or small, yours or a colleague’s, in the spirit of helping our colleagues so that we all learn from each other’s mistakes.
July 21, 2014 § 11 Comments
Unfortunately, because of the type of work we do, all of us had to deal with uncomfortable situations at some point during our careers. To a higher or lesser degree, all of us have fielded questions like “Why do you do this work?” “How much money is “spent” (code word for “wasted”) paying for this service geared to those who do not speak the language of the land?” “How do you feel about helping these people who are not willing to assimilate to the local culture”? “Are they really that dumb that they cannot learn the language?” etcetera. Other interpreters have sat there, listening to comments such as: “If they don’t speak the language they should go back to their country,” “They want to speak their language because they like badmouthing the rest of us,” and some others that I rather exclude from this post because they are offensive and spelling them out contributes nothing to this article.
Of course, those of us who have been more than once around the block have lived through these situations more than our younger colleagues, and for the most part, we have come to understand that those making the remarks are the ones with the problem. In other words, we do not have time for this nonsense, so we just ignore them. This has been my strategy for years and it has worked fairly well.
Unfortunately, an incident happened a few weeks ago. I understand that when we think of bigotry and interpreting, we immediately picture a courtroom, a police station, a government agency, a public school, or a county hospital. You think of court, community, and healthcare interpreters as the ones dealing with these issues all the time. That may be so, but other interpreters (conference, military, media, etc.) have faced their share of this evil when practicing their profession. On this particular case, I was doing some escort interpreting for a foreign dignitary who was visiting the United States from a Spanish-speaking country. This was an important visitor, but he was not a head of state or celebrity; you see, bigotry tends to hide away when the potential target is surrounded by the media and some bodyguards. In this case I was providing my services to a very important foreign government officer who traveled alone. This individual was very sophisticated, formally educated, well-traveled, and very important back in his home country.
After a very successful visit, and once he took care of his business in the United States, we headed to the airport for the check in process. This was the last part of my job. After escorting this person for several days in different cities, after business meetings, formal events, flights, hotels, and other activities, all I had to do now was to take the dignitary to the airport, help him with boarding passes, connecting flights, immigration and customs, and send him off. I have done this thousands of times, all of them uneventful. We arrived to this domestic airport in the American south, and we proceeded to the airline ticket counter. The airport was pretty empty and we walked straight to the counter where we found a middle-aged Caucasian male wearing the airline’s uniform. I handed the passport and other required documents, identified myself as an interpreter, and told him what we needed. He looked at me and then he turned sideways in order to exclude me from the conversation and he addressed the visitor directly. This person, a guest in our country, looked at me and told me that he did not understand. I interpreted what the airline clerk had asked him, and once again told the clerk that the visitor did not understand him because he did not speak English. I explained to him what my role was, and asked him to ask his questions as usual. He looked at me once again, and this time he completely turned so that I was fully excluded from the conversation. He continued to address the visitor in English. The visitor looked for my help and this clerk did not let him. He told him that he “had to listen to the questions and answer them himself.” The guest told him in broken English that he was sorry but he did not understand the questions because he did not know English. The clerk smiled and asked him with a smirk: “You don’t understand English and you live in the twenty first century amigo?” I continued to interpret all this time, and when I saw that this clerk was going to give the visitor a very hard time, I asked the dignitary to step away from the counter and have a seat. I told him that I was going to take care of this situation. The visitor honored my request and went to a chair that was at a good distance from the counter so that the guest would not have to hear what I was about to say. As this was happening, the clerk yelled at him: “hey, ‘amigo’ you cannot leave, I am talking to you.” Once the visitor left, I addressed the clerk directly and once again explained to him the circumstances, including my role as the escort interpreter. He first looked at me for several seconds, then he laughed, and finally he told me that at his airport (remember this was a domestic airport with no international flights) they spoke English because “it was located in the United States.” He told me that he was going to ignore me because his job was to make sure that “this guy” would be able to get around once he was alone. He even told me that he was considering denying him a boarding pass because he was not going to find his way at the hub where he was supposed to take his international flight. He also told me that it made him mad that “…this country was letting in people who didn’t even care to learn English before coming to the United States…” At this point he told me that he needed the guest by the counter alone or he would deny the boarding pass. He then walked away and left. I looked around to confirm what I already knew: there was nobody else from the airline in sight.
Because of time constraints and due to the lack of infrastructure at this airport, I decided to tweet the basics of the incident with the airline hashtag. I immediately got an answer, and in a matter of minutes (maybe seconds) a different airline clerk met me at the counter. This individual took care of the visitor addressing him directly through the interpreter and the rest of the process was completed without incident.
After the visitor left, I decided to follow-up on this incident and I filed a formal complaint against this individual. I did it so that others do not have to go through what we did, and to raise the awareness of the airline. Professionally, I was satisfied with my performance: I took care of the problem, the visitor left as planned, and he noticed very little of what happened, thus avoiding an uncomfortable situation for this person who was a guest in the United States. This episode reminded me that despite the way things may be in the big cities, there are still plenty of places in the United States, and elsewhere, where we as interpreters must be on our toes and be assertive to do our job even when we face adverse circumstances. This time it was an escort interpreter assignment, but these situations are prone to happen in the courtroom, at the hospital, the public school, the government agency, and everywhere unsophisticated individuals are found. Always remember: bigotry could be around the corner, so be ready to act. I invite you to share with us some stories of your interactions with bigots who have directed their hate to you or to your client.
October 14, 2013 § 18 Comments
Court interpreting can be exciting, interesting, and well remunerated, at times it can be challenging and even frustrating. It is all part of the job and I accept it as it comes; however, the thing I cannot accept is the noise, poor sound system, bad manners of many attorneys who just won’t stop talking, and the lack of understanding, by many officers of the court, of our need to hear what is being said.
There is a very simple rule: you cannot interpret what you don’t understand and what you can’t hear. It is that simple. Yet, many courthouses have turned into some of the worst possible environments to work. Many times this happens because of ignorance and lack of will to help improve the court services (which include interpretation for those who do not speak the language used in the courtroom) and on other occasions the courts just turn a blind eye to the problem even though they perfectly know that it is essential for the interpreter to hear what the parties are saying during the hearing.
Among these nightmarish environments to work as an interpreter, we have the attorneys who never stop talking in the courtroom; it seems that they have never thought of taking their conversations to the hallway. I couldn’t tell you how many times I have overheard conversations about dates from hell, complaints about bosses, stories about spoiled children, and opinions about judges, all while I sat in a courtroom waiting for my case to be called.
Of course I couldn’t leave out of this piece the cheap, old, poorly-kept, and obsolete sound systems that are waiting for all of us at many courthouses. These artifacts have outlived their useful life and instead of an asset, they constitute an obstacle to our work. It is very frustrating to try to do your job while the receiver keeps skipping forty percent of your rendition, or when the batteries are so low that you are not sure they will last the entire hearing. I would like to meet the person who thought that changing batteries, plugging and unplugging equipment, and running around looking for a better transmitter was part of interpreting; and if we are on the “mood” for meeting some of these “pillars of the court interpreting profession,” I would love to meet those who first dared to ask the interpreter to CLEAN THE EQUIPMENT after using it! I have never done it and I sure hope you haven’t either.
We must include all those attorneys who move away from the microphones as they speak, and we couldn’t forget the lawyers who talk so low that nobody can hear them. Somehow they don’t understand that the interpreter sits behind them (or to the side) and this makes it very difficult to hear them because their voice is projecting the opposite way: towards the judge, witness or jury. This group’s main characteristic is that after being reminded to speak into the microphone or to speak louder, they do it for about two minutes and then they go back to the old ways. I guess some of them are just following the lead of that judge who turns away from the microphone when she speaks, or the one who talks so softly that it’s easier to hear when a pin drops in the courtroom even though she is speaking.
Finally, my “favorite”: In some lower courts there is no place for the interpreter to sit in the courtroom. Interpreters are supposed to sit “wherever” as long as they are not “bothering” anybody else with their work. Often times, the interpreter ends up in the back of a courtroom, behind an easel or a screen, or sitting among the audience. How can anybody expect you to hear anything under these circumstances?
Of course, it is important to educate the courts. It is necessary to explain that we have to be able to hear what is being said by the judge and the parties over our own voice. All of this is crucial. We have been “educating” the bench and bar for many years.
Unfortunately, after years of “educating” judges and lawyers, many colleagues and administrators still believe that the solution is to continue. To do the same over and over again until they all finally get it. I disagree.
I think somebody has to say out loud that we have been “educating” them for a long time and it is time for the courts to set the appropriate conditions for us to do our work. It is time to stop solely “educating” and to start demanding that court administrators and chief judges do their job. We are officers of the court and an essential part to the system. We are not an inconvenience; we are an important step in the administration of justice.
It is true that most federal courthouses now have appropriate equipment, a place for the interpreter, and a noise level adequate for us to do our job, but there is much to be done at the state and lower levels. It is time for the state judges to start controlling their courtrooms so that people who “need” to talk exit the courtroom, those who need to be heard use the microphones, and those who are in the courtroom to interpret have a place where they can sit, use their computers or tablets, and more importantly, listen to what is being said during a hearing. We are not mind-readers. We are court interpreters. Always remember: you can’t interpret what you can’t hear.
I would love to hear your thoughts and experiences with this essential issue turned into a nightmare by many courts.
June 25, 2013 § 20 Comments
The “ten worst” series is back again. This time I will talk about those actions, omissions, and attitudes of other interpreters that not only annoy us, which they do, but that also affect our professional performance and the image we project to the client and the professional community. Obviously, and very sadly, a “ten worst” list is not enough to include all the things we see and hear out there when we are in the booth, the courtroom, the hospital, the battlefield, or anywhere else that interpreters are doing their job. As always, I am writing this with a therapeutic perspective, trying to add some possible solutions to these problems while at the same time creating empathy and inviting a good healthy laugh when relating to these horror stories. Because of the length of this posting, I have decided to publish it in two parts. This is part one. Part two will be posted next week.
Here we go:
- “Well, that’s what I charged because that is all they wanted to pay and I didn’t want to lose the client.” Nothing really bothers me more than an interpreter that doesn’t know how to charge for his or her services. This is a business where we provide a professional service and those in the field who don’t understand it and don’t want to understand it are not only working towards a life of misery for themselves and their loved ones; they are hurting us all. The only reason why some of your clients are always trying to get you to work for less than you deserve is because of this group of interpreters who are willing to do anything for practically nothing. This practice influences your local market because there is a cheap alternative competing against you who is ready to take your client away even if they will make very little money. Let me be really clear, I am not saying that we should constantly overprice what we do, although there is nothing wrong with charging any amount a client is willing to pay: it is a contractual relationship, the meeting of the minds. A quick solution would be to sell your services better than those individuals who charge below the market so the client sees the added value you bring to the job. Long term solution: Educate your market. Make sure all potential clients know the difference between a good interpreter and a person who will charge little and deliver even less. These paraprofessionals will always exist; in most instances just ignore them. They are not in your league. I don’t know about you all, but I am in the business of working little and making a lot of money. I am not interested in working for peanuts every single day. I can think of many other things I can do with my time.
- To snatch the microphone away from you or not to let go of the microphone. It is very annoying and very distracting to work with somebody who is just watching the clock and the moment the big hand gets to half past or to the top of the hour they grab the microphone or turn off your output on the console. Some of them even stick their wrist between your eyes so you can see that it is time for them to interpret totally disregarding the rendition. They just cannot wait until the natural pause happens and the switch can be seamless. And then you have those in love with their voice and their rendition who never let go. They simply turn their head away or avoid your stare and continue talking. Of course I know that I will get paid regardless of who did most of the work, but I am also aware of the fatigue factor and I do not want the audience to suffer through a diminished rendition just because of the ego of my colleague in the booth. In these two scenarios a quick, but many times useless, solution would be to wait for the next break and talk it over with your partner, or in the event that you already know that this will happen because you have worked together in the past, politely and professionally set the “rules of the game” even before you start interpreting. The long term solution to these very disturbing working conditions would be to refuse to work with that colleague in the future and to explain to the client your reasons for the refusal.
- To leave the booth as soon as you take the microphone. To me it is very difficult to understand how some colleagues perceive team interpreting when they leave the booth or exit the courtroom as soon as they are not actively interpreting. I understand restroom brakes and important phone calls and e-mails; we are a team and I gladly stay alone when my partner needs to take care of one of these situations. Is it because they do not know that the supporting interpreter is as important as the one actively interpreting? I have a hard time buying this justification when they have been around for some time and have experienced first-hand the benefits of having a second interpreter sitting next to them. To me it is very simple: They erroneously understand team interpreting as “tag-team interpreting” which is what wrestlers do when they work in teams. I believe the short-term and long-term solutions I suggested for number 2 apply to this scenario as well. I have a word of caution for my new colleagues and friends who just started in this profession and may feel intimidated or uncomfortable when it is the veteran interpreter who abandons the station: Treat them as equals. You are doing the assignment because somebody thought you were good at this. Even the “big ones” have to do their job as part of the team.
- To cancel at the last minute. This is another one of those practices that hurt you as a professional who has been scheduled to work with this individual, and also hurts the image of the profession. Of course I am not talking about an emergency when a colleague has to cancel due to a health issue, a family crisis, or an accident. I am not referring either to the interpreters who cancel because after accepting the assignments they realized that it was way over their head, unless they cancel the day before instead of two months ahead of time. I am talking about those who were offered another job on the eve of your event, and those who are simply irresponsible and unreliable. This is a very serious problem that can be worse when you are also the organizer of the event or the interpreter coordinator. A quick solution could be to talk to the interpreter and see why he or she is quitting at the last minute. Sometimes the reasons can be addressed and corrected (a hotel they dislike, a flight at an inconvenient time, etc.) occasionally a good pep talk can fix it (a last-minute panic attack because of the importance of the event or the fame of the speaker at the conference) and sometimes the cancelling interpreter may agree to start the event while you get a replacement. A long term solution in this case is a no-brainer: Never work with this person again. Black-list this individual, and if necessary and if the contract allows it: sue him. It is not wrong to cancel an assignment because you got a better offer to do another job. What is wrong is to cancel at the very last minute.
- To refuse to help the new interpreters. Our job is a personal service. I am hired to interpret because the client wants me to do it; not just anybody to do it. They want me. I understand and value the fact that getting to the top takes a lot of work, many years of dedication, a devotion to what you do. I applaud those who got to the summit and use it as a marketing tool. I also love to work with them. It is a pleasure. Unfortunately, some of these great interpreters do not like to share their knowledge and experience with the new generation. I have seen, and heard, of instances where the masters of the profession ignore and mistreat the newcomers. They keep the secrets of their trade close to their chest as if afraid that once known, they could be turned against them. This very real situation creates a nightmare for those scheduling the interpreters for an event and could result on the loss of a client. As a short-term solution you can talk to the veterans and explain that you need them for the quality of the rendition, and for the same reason, you need them to teach the new interpreters how to work like a superstar, and you need them to help the often nervous newcomers to feel at home in the booth or the courtroom so they can also learn and perform. Because most veterans are wise and love the profession, the same strategy, at a larger scale, can be part of the long-term solution, together with a campaign to educate and empower the new interpreters so they feel that they also belong in the booth.
These are my first five. Next week I will post the other five. In the meantime, I invite you to share your stories, anecdotes and opinions regarding this part of our professional practice.
March 26, 2013 § 6 Comments
I know that many of you read and contributed to the first posting of this series that dealt with the bad things that judges do to court interpreters. Well, it is now time for the lawyers to be on the spotlight. Several years ago I was retained by an attorney (I had never met before) to interpret for a petitioner during the final hearing of a divorce proceeding (final orders, permanent orders, final decree hearing, depending on the place where you live) The attorney contacted me the day before and agreed to pay my urgent fee usually charged for events requested on short notice. “…It will be really quick…” he said, “…the respondent isn’t even in the country. We’ll be in and out…” So we appeared in court the following morning, the judge took the bench and the hearing began. After the attorney made his arguments to the bench, the judge asked the petitioner how long had he and his wife lived together in the United States. The petitioner answered in Spanish that his wife had never been to the United States. After a few more questions, and while the attorney was sweating bullets because of this “unexpected” development, the judge dismissed the case stating that he lacked jurisdiction over the parties as they had never lived as a married couple within his county limits. Of course, I interpreted everything to the petitioner but it was clear that he did not understand. During the judge’s oral decision that turned into a scolding to the lawyer, the attorney turned to his client and whispered in Spanish: “luego te explico” (I’ll explain later) Once the hearing ended and we were in the hallway inside the courthouse, the attorney approached me and asked for my invoice telling me: “…Give me your receipt so we can get the money from my client and you get paid. I don’t think that he will be willing to pay for anything once he understands what happened…” So the lawyer asked his client for my fee, I got paid cash right there inside the courthouse, and the attorney asked his client to go to this office with him so he could explain what had just happened and the reason why “this judge” had decided not to divorce him “yet.” Well, under any standards this is a horror story that we as interpreters sometimes have to live through; however, this is not a posting about the worst ten things that attorneys do to their clients. This is about the ten worst things they do to us interpreters, so horror stories like the one I mentioned will have to wait for their day on center stage.
Once again keep in mind that I will focus on the attorney, intentionally leaving the clerk’s worst 10, witness’ worst 10, and so forth for future articles. I am writing this with a therapeutic perspective, trying to add some possible solutions to these problems while at the same time creating empathy and inviting a good healthy laugh when relating to these horror stories. I also want to underline that most of the attorneys I work with are real professionals I have worked with for years. Those who fit this article are not on my list of regular clients. Unlike with the judges, we as interpreters get to chose the attorneys we work with, and that is a big difference. Because of the length of this posting, I have decided to publish it in two parts. This is part one. Part two will be posted next week.
Here we go:
- “You are going to charge me all that money just for talking?” Those lawyers who do not have the slightest idea of what we do and firmly believe that because we speak two (or more) languages we are pocketing easy money. A quick solution would be to stay firm and tell him that we are not just talking, that we are interpreting, and simply say that this is what you charge, that you provide a professional service, and that you will not bargain with them. Long term solution: Talk to the attorney and explain your services in depth. Make him see the advantages of having a real professional interpreter and run by him the potential problems and complications when the service is poorly provided. With certain clients you can even adjust your fee because of the work volume they represent. If all these efforts fail, just fire the client; do not accept any work from him. Remember, a cheap client will be a bad client in all other aspects of the professional relationship. Move on.
- “Here, take these papers and explain them to my client.” There are attorneys that think of us as their servants, paralegals, co-counselors, and many other things. They seem to think that it is a waste of time for them to be around when you are going to be doing “all the talking.” A good short term solution is to ask them with great emphasis if what they mean is that they want you to sight-translate the documents and to tell their client that they will answer any questions after you finish translating. Repeat the last part to the defendant before you start translating, and refuse to answer any questions. For a long term solution you can explain what your legal and ethical boundaries and obligations are, what is exactly a sight translation, and suggest that these documents be read in advance at the detention facility or the law office (depending on each case) If hired by the court, you should ask the coordinator/supervisor to talk to the attorneys in order to avoid these situations in the future.
- “Your Honor, that is not what my client said”. It is common for the Attorney to speak the native language of the defendant. This is usually one of the main reasons a non-English speaker goes to a certain attorney. You and I know that there are many lawyers who think they speak the foreign language even when their level is way below fluency .Any attorney will tell you that it is impossible to know what a client will tell the judge, and they often say something that will hurt them, especially those who come from a different culture. Because of the attorney’s knowledge of the foreign language, he will usually learn the disastrous answer given by his client before the words are interpreted to the judge, and many times they will try to blame the poor answer on the interpretation by saying that their client didn’t say what the interpreter said, or by arguing that the question was not interpreted correctly. One time a lawyer interrupted me in open court arguing that his client had not said what I interpreted, that she was Cuban and therefore I was not qualified to understand and interpret her answers. What I did next is a good short term solution: Simply state on the record that you stand by your interpretation or rendition, and if necessary state your credentials. A more durable solution would be to make sure judges and attorneys know and understand that we are the language experts in the courtroom, that when we make a mistake we admit it and promptly correct it, and that our preparation and credentials go beyond speaking two languages. We should always interpret what the client says, even when the attorney wanted them to say something else.
- “I know I had to pay you long ago, but I cannot pay you because my client hasn’t paid me yet.” It is common for the lawyer to think that “we are in this together” and assume that it is perfectly fine to delay our payment when their client hasn’t paid them. Unfortunately for those attorneys, we have no client-provider relationship with their client. Our legal relationship was established by a written (ideally) or an oral agreement to interpret during a certain specific event at a certain rate. This legally binding agreement is not conditioned to a foreign event such as the attorney being paid by his client who happens to be a third party in this interpretation contract. To solve the problem as expeditiously as possible when you have no written agreement, talk to the attorney (he knows that his payment has nothing to do with you) and negotiate payment; maybe if you give him two weeks to pay; you can also take partial payments if you trust the lawyer, but never wait until he gets paid. Many clients never pay their attorneys when they did not get everything they thought they would get from the case. If you have a written contract, stick to it. Send it to a collections agency or take the lawyer to court if necessary. Remember, this is how you make a living and you earned the money. The long-term solution for all services in the future, especially when you do not know the Law Firm very well, has to be a written contract detailing payment, default of payment, and collection costs. In my experience all attorneys sign it when asked to do so. We have to be smart and take advantage of the legal protections that exist.
- “Sorry Judge, but we are late because the Interpreter took forever reading the plea agreement.” Some attorneys want to save themselves a trip to a detention center by informing their clients about a potential plea agreement when they see their clients in court. I have had many lawyers ask me to read a plea agreement or a presentence investigation report just minutes before a scheduled hearing. I cannot count the times that I have read these documents in holding cells and jury boxes. Then, after reading the always long and exhausting documents, most attorneys answer their client’s questions. Of course, reading these documents really means sight translating them because they are written in English. As you know, this is a difficult task and it takes time to do it right; add to that the time the attorney has to spend answering questions from the defendant and sometimes convincing his client to take the offer because that is the best possible outcome of the case. When done properly, we are talking of hours of work, and I haven’t even mentioned the time it takes for the jail to bring the defendant to the holding cell. Of course it is true that while we are working our tail off doing this sight translation, most attorneys are just sitting there doing nothing. I am sure it is extremely boring and frustrating to see how the time goes by and the time for the hearing approaches, but it does not justify blaming the delay on the interpreter who has been working hard all this time. It is the attorney’s obligation and responsibility to defend and advise his client, they know how long it takes to go over those documents, and they know that it should be done on an earlier date. Such a situation can be avoided by talking to the lawyer as soon as he requests the sight translation and telling him that the process will take time and most likely will not be over by the time the judge calls the case. Now it is the attorney who has to decide what to do: request a continuance, be pushed to the end of the docket, change the hearing to the afternoon, etc., and if he ignores the suggestion, as an officer of the court you can always answer the attorney’s complaint by stating on the record what just happened. This will cover you in case of a formal complaint or investigation by the court. The better long-term solution would be to always agree with the private attorney to do these sight translations days before a hearing, and for the court appointed attorneys and public defenders you should talk to the courthouse’s chief interpreter or administrator and ask them to require these documents to be read to the defendant ahead of the hearing date.
These are my first five. Next week I will post the other five. In the meantime, I invite you to share your stories, anecdotes and opinions regarding this frustrating but essential part of a court interpreter’s professional practice.