When clients do not provide information in advance.

February 10, 2020 § 4 Comments

Dear Colleagues,

We are expected to accurately interpret all subjects from one language into another, often to an audience that knows the topic, sometimes to people who have devoted their lives to that subject. We meet these expectations and deliver the rendition by performing many complex tasks, among them extensive preparation, including research and study of the topics to be presented during the conference, lecture, workshop, business negotiation, press conference, court hearing, diplomatic summit, etc.

We are professionally trained to research a subject, understand it, prepare glossaries, and study it, but this is not enough. Knowledge in any subject is infinite and it must be narrowed down to the specific themes to be presented or discussed at the event we were hired to interpret. Speakers have different styles and many have done their own research, written books or papers that will be presented, or at least alluded to, often for the first time, during the dissertation.

Due to these facts, the only way we can deliver the best quality service is by studying the presenters’ materials ahead of time.  This means our client must provide this information: documents, videos, audio recordings, for us to prepare, and we need to get them as far in advance as possible.

Documents are very important because that will be the main portion of the lecture; it often includes power point presentations we must review for several reasons: We need to make sure we understand the contents of every slide, that we find the best equivalent terms in the target language; we must pay attention to the information each slide contains because we need to tell the presenter how long the slide needs to stay on the screen before moving on to the next one, to give the audience time to listen to the interpretation and then see the contents of the slide (words, figures, charts, images, quotes, etc.) This is time consuming and it could take interpreters several days to go through the power point presentation.

Videos are difficult to interpret. Sometimes the sound is not very good, or words get lost behind the sounds of very loud music or noise; the speakers on the video may talk too fast, have a heavy accent, use regional expressions, tell a joke or share a sports story. Many speakers choose movie or TV show clips with nothing to do with the conference, because they were chosen as icebreakers or to drive a point across. There are videos of songs also. Interpreters need to study these videos; some must be watched many times. They have to assess the jokes, idiomatic expressions, cultural differences, and sports analogies, and then decide what to do: find a similar joke in the target language, use an equivalent sports story on a sport the audience will relate to, find the best idiomatic expression on the other language to convey the same message using the same register. Sometimes the best solution is to recommend the speaker not to use the video, particularly when there are cultural concerns.  Then, on the day of the event, interpreters need to make sure the video’s volume and quality of sound is the right one for both: the room and the booth.

Audio recordings could be an interpreter’s nightmare, especially in court interpreting where the quality of the sound is less than desirable because many of these audio recordings come from wiretaps, hidden microphones, concealed body microphones, and so on. These recordings are plagued with obscenities, slang, low register speech, and powerful background noises. Interpreters devote endless hours to listening and sometimes decoding what was said. This time-consuming task must be performed ahead of the event so the interpreter knows the recording’s contents and determines what words to use during the rendition. After reviewing the recording an interpreter can suggest to the client to use a transcript of the audio recording, with a written translation into the target language, and either project it on the screen at the same time the audience listens to the recording and the interpreters simultaneous rendition, or to distribute paper transcripts and translations for the audience to follow along the recording.

These arguments should be sufficient for all clients to provide these materials to the interpreting team ahead of time; many knowledgeable, experienced clients do so and the results are evident: a great interpretation. Others are more reluctant, and there are some who unfortunately neglect the interpreters or clearly decide not to provide an iota of information before the event.

Interpreters need to convey to the client the reason they have to see the materials before the assignment; they have to explain that interpreting is a fiduciary profession, that we are bound by a strict duty of confidentiality, and make them see we have no interest in the information past the day of the interpretation. When the client is concerned about intellectual property rights or national security, Interpreters can offer flexibility to the client, and for an additional fee, they can agree to review said materials at the client’s place of business, but always ahead of the event.

All interpreting services contracts must include a provision stating that the client assumes the obligation to provide all requested and needed materials to the interpreters as early as possible, and always before the event.

Even with such a clause, sometimes, interpreters get no materials, get part of them, or they get all materials, but a video or a slide were added at the last minute and the interpreting team learns of this change at the venue, right before the start of the event, or even worse: during the rendition when the slide is shown on the screen or the video is played.

In these cases, professional interpreters have two reactions coming straight from their gut simultaneously: “I will stand up and walk away. I am not interpreting this”, and “I am a professional, the client’s incompetence or negligence it’s not the audience’s fault. I’ll stay and try my best”. Both reactions are good and have value. Let me explain:

The good client will always deliver materials on time, you need not to concern about them, but there are other clients late with the materials, deliver only part of them, and sometimes forget to provide needed information altogether, but they have potential, you want to keep them, and they will improve if you try a little harder. I say give these clients a second chance.

As soon as it is evident they will not provide materials, talk to them and clarify that what they did was wrong, but, because you are a consummate professional, you will try your best and stay and interpret the event even though the final result will not be nearly as good as it would be if the materials were provided. If they fail again on a second event: drop them, you are wasting your time with them, and time is money.

Finally, if your contract calls for client to deliver all requested and needed materials and the client did not comply, when you are not interested on that client, and it was a nightmare dealing with them during the preparations for the event, I would walk out without interpreting, demand payment of my fees, explain to them they breached the professional services contract they had with you, and if they refuse to pay, sue them for your fee plus damages and your attorney’s fees.

On both cases you taught the client a lesson: To the client you want to keep, you tried to educate them and keep them on your list. To the client you never want to see again, you showed them that interpreters are professionals they cannot take advantage of.

I now ask you to please share your thoughts on this important subject.

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.

Things to look for in an interpreting contract.

December 8, 2015 § 4 Comments

Dear Colleagues:

There has been a lot of discussion about interpreting services contracts in the past weeks.  The SOSi immigration court interpreter contract was a trending topic all over the social media.  Many colleagues debated, attacked, and defended parts of the contract like I never saw before.  This circumstance, together with other events in the professional world that involve contract negotiation (and the contents of the agreement itself) such as all federal contracts that were up for renewal at the beginning of the new U.S. federal government’s fiscal year, several irregularities with some state government contracts that appeared prior to their new fiscal year in August, and just the wording of quite a few contracts drafted by interpreting services agencies, large and small, made me think long and hard about the importance of negotiating an agreement and reviewing the letter of the proposed contract before committing myself to anything by the power of my signature.

Signing a contract is a very important act that can impact our professional career and reputation for a long time. It is not, as some colleagues may think now and then, a simple ceremonial thing that needs to be done in order to get the big assignment or the prestigious event. A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. (Black’s Law Dictionary). As Samuel Williston puts it, “A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty…” (A treatise on the Law of Contracts §1, at 1-2. Walter H.E. Jaeger ed., 3d ed. 1957)

I suggest that we should all reflect on the meaning and magnitude of the concept above, and apply ourselves to the negotiating of the terms and conditions that will govern our professional services with a client, and that we review in detail the final document that the client (whether it is a direct client or an agency) tenders for our signature before we undertake any obligations.  In fact, I recommend that before signing any agreement, you give your attorney a chance to review the terms of the contract to see if there are any “unwanted” harmful terms. Even if you do not have an attorney who regularly works with you, I encourage you to get one. It is that important, and in most countries it is tax-deductible as part of the cost of doing business.  Just think for a moment: the other party had a lawyer draft the contract, that attorney is being paid by the party who has an interest in the delivery of the professional service that is different from yours, and many times it is the opposite.  Although ethical and professional, the job of the counterpart’s attorney is to protect his client’s interests, not yours.  Just like you would never enter a car race on foot while the others are driving a car, you should never sign a contract unless, and until, you are familiar with all of its contents because all of your questions have been answered to your satisfaction, and all your concerns have been put to rest.  Remember: You are an interpreter and you provide a professional service.

There are different types of contract that you will encounter during your professional life; government agencies will always have their standard contract, some large agencies, corporations and organizations will have their own contracts as well.  Smaller agencies and direct clients will likely accept your version of a contract or will adapt their own document to your demands and suggestions. Finally, some of your regular clients may not use written contracts. They will negotiate assignments with you more informally. That is fine, but remember, the document is not the contract; the contract is the meeting of the minds, the agreement of the parties. In other words, even in these cases you have a contract.

I always review all contract conditions, even when dealing with the government, and when I dislike a certain term, or I consider necessary to add some conditions, I propose the changes. You will be surprised to learn that more often than not, the counterpart agrees to the amendments to their standard contract. By the same token, I am also flexible and open minded about the counterpart’s proposals and suggestions. I always consider them and give them a lot of thought. On many occasions I agree to the changes, provided they do not leave me unprotected and the potential risk is something I can live with.  Finally, in the case of a regular client who never signs any documents with me, I always put all essential terms of the verbal contract in writing and send them to the client by email as a memorandum of understanding, stating very clearly that by receiving the email and not taking any action within the first 24 hours, the client is consenting to the terms and conditions included on the email. This way essentials such as type of event, dates and location, scope of services and fee are always included, as well as reimbursement of expenses, travel costs and fees, late payment penalties, cancellation policy, and standard working conditions according to the type of assignment (equipment, booths, team interpreting, materials and glossaries, etc.)

As we see above, contracts can come on different presentations and they originate for different reasons depending on the client who drafted the contract; but, regardless of the type of contract, there are always certain things we should look for in an interpreter contract. I will share with all of you some of those items I look for in all contracts, and I hope this helps you as much as it helps me; however, I would like to make it very clear that my suggestion is that you always go to an attorney before signing any contract. The following are just suggestions that have worked for me, but in no way they are intended to constitute legal advice of any kind. All situations are different and I do not know your particular situation, so please understand that this is not legal advice. Only your lawyer can give you that kind of professional help.

These are the things I look for in a professional contract:

First. The scope of the service. I always look for the specifics: What the client is actually retaining me for. It is very important because some clients have the idea that once you are hired, you are theirs during the assignment to do anything that they consider part of the service. They are wrong. You agreed to perform a certain service and you are only getting paid for that service. Nothing else. Be careful about services description that may “include” translation services, being responsible for giving out and collecting interpreting equipment, other peripheral interpreting services not previously discussed such as dinners, press conferences, book signings, etc.

Second. I always pay attention to the wording because it tells me a lot about the client. I look for “telling” words such as interpretation industry (instead of profession) and in the case of an agency, how they refer to their end client: If they refer to them in the contract as “the customer” instead of “the client”, we will have a very difficult relationship because it is clear that my profession is an industrial commercial activity to them. I always discuss these issues when present in the contract, educate the client about the profession, and usually they agree to change the contract’s terminology (at least for my assignments if not for the rest of my colleagues)

Third. The grounds for termination of the contract. This is a crucial item because an early termination could impact your income for at least a few days or weeks. The reasons to terminate a contract early have to be fair, and they should include both parties. I have found many contracts where only the client can do an early termination. That is wrong, unfair, and highly suspicious. The grounds should apply to both parties, and in long-term contracts, they should include the lack of payment or late payment of your fee as a cause for early termination.

Fourth.  The famous confidentiality clause that although redundant since we are professionals and as such are legally and ethically bound to this duty of confidentiality, it should be included for the peace of mind of the client and his attorneys; however, the same provision should always include that the confidentiality will be observed with the exceptions of law. Yes, the law allows you to break this duty of confidentiality, even in the client-attorney privilege case, when there are certain facts that justify the lifting of this duty. For example, if you have to file a lawsuit against your client for lack of payment, or when your client sues you and you need to defend yourself. In those cases (and others) the law allows you to break the duty, limited to what may be necessary, to defend yourself or to exercise legal action.

Fifth. I look for cases where the client contractually limits his liability, and when I find it I do not like it and demand that it be changed. Although many legislations permit that an individual’s liability be reduced or limited by agreement of the parties, it is ridiculous for the other party to suggest, and for you to agree, to be exposed to all kinds of damages in case of a lawsuit, while the agency and the end client just sit and observe how you lose your business (in one of the best possible outcomes) or all of your assets and life-long savings (as a very good possibility). This is a no-no. Everybody should have the same exposure and respond for the damages caused according to their contribution to the loss. This is a very good reason why the parties should always request a copy of the other parties’ liability insurance certificate.

Sixth. There are some provisions that raise many red flags as they denote a clear intent to tilt the balance in favor of one of the parties (and that party is not usually you). Any provision that makes it illegal for the interpreter to talk to the media about the terms and conditions of the contract, unless we are dealing with information protected by the duty of confidentiality or the client-attorney privilege, and all clauses that force you to “consent” to resolve any controversies through arbitration instead of going to court are a huge warning sign.  You see, businesses prefer arbitration because it is less expensive, but mainly, because they get to “pick” the arbitrator. Unless you know several arbitrators that you trust, which is unlikely, they will always get to suggest the arbitrator. This individual will know them, it is very likely that he has presided over other arbitrations with the same party, and he will probably, be inclined to keep the client (your counterpart) happy for business reasons into the future.  Of course this last part cannot be demonstrated and I have no basis to claim that this is what happens during arbitration. The question is: Are you willing to take the chance? I personally would not do it. I would seek justice in the court system. Yes, it will take longer, but impartiality is more common in the courtroom, and if you win, the losing party may have to pay your attorney’s fees.

Seventh.  All terms and conditions must be in writing and they must be part of the written document. Even those terms and conditions contained in an appendix to the main contract should be referenced to and identified within the body of the contract by a number or a letter. Make sure that all attachments are signed by all parties, and dated with the same date as the main contract.  Most legislations abide by the parol evidence rule which clearly states that all agreements previous or contemporary to the signing of the contract must be in writing and appear as part of the physical agreement. Those that do not follow this rule will not be considered as part of the contract.  Be very careful with all those promises and concessions on the side.  They are not part of the contract unless they are in writing and in the document itself.

Eight.  Travel expenses must be included in the contract. The document should clearly state what expenses are reimbursable: airfare, hotel, ground transportation, Per Diem, photocopies, etc. It should also spell the fees payable to the interpreter on traveling days.  Remember, you provide a personal professional service. You cannot provide your services to two clients at the same time, so on the days that you travel to and from the assignment location, you are not working for any client. Unless you like to lose money, you should clearly negotiate and include in the contract your travel fee. There is a cost of doing business, but you should never lose money for accepting an assignment. Maybe one half of your regular fee should be a fair compensation for your travel days. Make sure that reimbursement of expenses for travel days are for total expenses. You can charge a lower fee, but you cannot fly, sleep or eat for less money just because it is a travel day.

Ninth.   The cancellation policy will always be in the contract. I would never sign an agreement that does not deal with this issue.  This policy needs to be negotiated taking into account the time between the cancellation and the cancelled event.  The fact that your client just found out of a cancellation that was decided two weeks ago is no excuse to lower your cancellation fee. It is your client’s obligation and duty of due diligence to be on top of everything the end client is considering, pondering, thinking, and doing.  A last-minute cancellation should require a full fee and reimbursement of all monies disbursed to that point.  Remember, it is not your fault that the client lost the event. That is his risk, not yours.

Tenth.  A good contract should cover payments in detail: amounts, timetables, and penalties in case of late payment.  Just as you had to show up to interpret on the set date, and not 30 days later, the client has the obligation to pay you on the day agreed to, and if he does not, then you must be compensated by virtue of a penalty clause that provides for compensation in case of any delays.  This is extremely important with smaller agencies who sometimes come to the interpreter crying poverty and asking for more time to pay you because their client has not paid them yet.  Although some of you may be tempted to give the small business owner a break, I am not. Do not lose sight of reality: This individual is your client. He is not your partner. Only partners share the risks of doing business. He is not sharing his pay with you. You should not share in the risk. He pays you or else… Where he gets the money from is not your problem.  You should also look for unacceptable provisions, usually inserted by larger agencies, about penalizing you by retaining part of your (already earned) fee.  They often include deductions based on what they consider your “performance” and deduct part of the money you already made. This is unacceptable and illegal.  Nobody should agree to give up part of his fee based on the assessment of others, much less when there are no safeguards in the contract such as notice of the intent to deduct part of the fee, and a mechanism to have a hearing before an impartial authority. How about letting a real judge deal with this issue? Agencies should never get that power from the contract- signing interpreter.

There are many more points to be included and reviewed by the parties, but I believe that at least these basic elements put me on a leveled field with the client as equal parties to a contract. I now ask you to please share any pointers or comments you may have on this very important professional issue.

How to Defend Your Rendition and Professional Reputation as an Interpreter.

September 4, 2014 § 12 Comments

Dear colleagues:

Good professional interpreters are usually consumed with taking care of their clients, improving their skills, managing their agenda, and marketing to new clients. This takes a lot of time and energy, and it is essential to succeed as an interpreter. Unfortunately, sometimes during their career some interpreters may experience other aspects of the profession that are less pleasant, more time-consuming, and very stressful.

Our professional tools are our brain, mouth, and a language combination. We can make mistakes, we are susceptible to questioning and second-guessing by others, and in our litigious society we are exposed to lawsuits that can leave us with no career, no resources, and a tainted reputation.

There are many circumstances that can affect our career as professional interpreters, but at this time I would like to focus on two of them:

The first one occurs when our work is subject to criticism and questioning by our peers or by others. This often happens in a legal setting. All court interpreters have faced situations when in the middle of a court hearing a judge, attorney, witness, litigant, and even a juror, have interrupted our rendition to correct what we just said. Most of the time we were right and they were wrong. On occasion, because we are not machines, and because nobody can possibly know all regional expressions, these voices do us a favor as they correct our mistake and allow justice to be served. These are the scenarios we usually face when doing our job. It sounds simple and straight to the point: Either we are right and we say so in order to keep the process moving along, or we are wrong, and in that case we correct our error. The same facts are true in a healthcare or community interpreting setting; even at the negotiating table or in the booth during a conference we sometimes make mistakes out of exhaustion, due to bad acoustics, a speaker with a heavy accent, or because we misunderstood a word or term. This is why we have team interpreting, this is why good interpreting equipment, an appropriate conference room, and breaks or recesses are important.

Unfortunately in the real world we have to deal with attorneys who are not happy because their foreign language speaking client or witness is not saying what they wanted them to say in the trial, and with doctors and nurses who want to dodge the consequences of their negligence, and with the party that lost at the business negotiating table, or with the agency that tries to justify the disaster caused by its outdated broken-down interpreting equipment. The first thing they all do is to cast a doubt over the rendition of the interpreter. It is even worse when all of this happens and you know that those who are questioning your work are clearly wrong.

The second situation I want to bring to your attention is when the same individuals mentioned above, decide to go for the jugular and to put the blame on the interpreter’s rendition; so they take you to court. They argue inadequate interpretation and you are sued for damages. How can we defend our work when our rendition is questioned and we know we are right? What can we do to protect ourselves in case somebody takes us to court for damages? There are preventive measures that we can take as interpreters to diminish the possibility of having to defend our work, our assets, and our reputation.

There are also steps we must follow in case our professional work is questioned or attacked in court.

These complex issues have to be addressed, and as true professionals we must be prepared in case this happens to us. For this reason, I will present: How to Defend Our Rendition and Professional Reputation as an Interpreter” during Lenguando Londres in London on September 13, 2014 at 2:30 pm. I invite you to attend the event on the 13 and 14 of this month and see how you will be able to interact with some of the superstars of all language-related professions, and I encourage you to attend this presentation where we will discuss these sad but possible scenarios, we will explore the different preventive measures that we should always take in order to avoid an adverse outcome, and we will talk about the path to follow once our rendition or our skill has been formally questioned in a court of law. I hope to see you in London; but even if you are not attending, I ask you to share with the rest of us your experiences on having your rendition questioned, challenged, or having a lawsuit filed against you as an interpreter.

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