Remote interpreting in complex depositions.
March 18, 2021 § 5 Comments
By now we all know of the challenges interpreters face in remote depositions, but when the deposition to be interpreted remotely involves high profile individuals, a large sum of money, and difficult legal and jurisdictional issues, additional considerations need to be addressed. I was recently involved in one of these cases.
I was part of a team of interpreters retained to interpret the deposition of a well-known individual involved in a very important multi-billion-dollar litigation with an army of attorneys virtually attending the event from three continents. A job of this nature presents very specific issues that can be grouped into three categories:
Issues with the deponent.
There are certain factors to consider when deponents are celebrities in the world of politics, sports, business or entertainment; things that would not be an issue when the person to be deposed is an ordinary citizen of the world. Tight schedules, avoidance of media coverage, deponent’s convenience, and star power have to be discussed and resolved before the interpreter commits to a date and time. Here, the complexity was exacerbated because the attorneys involved in the case were in three continents, with some physically participating in-person from the same city the deponent would appear. On top of multiple professional agendas and all factors above, time difference had to be addressed. At the end it was decided the deposition would take place at a time of the day when the deponent would be rested and alert. Because of the status of this individual, it was agreed to block ten straight workdays for the deposition. The event itself was expected to last one day, but there was no way to pin it down to a specific date. A ballpark date was all the parties could agree to. This had to be scheduled twice. The deponent could not appear during the originally scheduled ten-day period, so the event was rescheduled for another ten straight workdays two months later.
The second factor to remember is these deponents are difficult to interpret because they are very resourceful. It is expected that regular deponents be smart individuals with a sharp mind, and a sophisticated varied vocabulary; after all they are usually company executives or government officials. Celebrity, high-profile deponents have the above, plus years of experience with previous litigations, giving impromptu speeches, and they have the “star factor.” It is not uncommon to find attorneys who cannot get over the fact they are deposing their childhood heroes, role models, or favorite athletes or stars. This complicates things for the interpreter when deponents answer a question with a long, winded speech full of half-truths, equivocal affirmations, and little substance.
Issues with the interpreters’ client.
There were many attorneys involved in this activity, but only a team of lawyers from one firm required interpreting services. Some of these attorneys were physically present at the site of the deposition, most were virtually attending it from their home country. Because the deposition was scheduled to be taken in the deponent’s first language, and most attorneys shared that language with this person, even if they were not all from the same country, most interpreting details were overlooked until we raised them. The fact some attorneys are the gold-standard in their profession, they are known around the world, and they command a hefty fee, does not mean they know more about remote interpreting than a modest solo practitioner representing the victims of a traffic injury. We soon realized the attorneys had not even considered that the interpretation would be rendered simultaneously by three interpreters sitting at their own respective studios thousands of miles away. We explained how this works, and gave them the reasons why this could not be done over the phone with a long-distance conference call. This does not differ from the conversation interpreters have with their clients everyday all over the world, so why am I singling it out as an issue specific to high-profile depositions? I am mentioning it, because after we listened to our client’s concerns, and the comments and objections from the other attorneys that were not our clients (remember: we were working for one of three law firms) based on the multi-billion-dollar nature of the controversy, we could have easily recommended the most expensive RSI platform. We did not.
We did not ask for one of the dedicated, more costly platforms because it was unnecessary. This was a bilingual event with no relay. We saw what was the platform all law firms had in common, we agreed to communicate among ourselves through a separate platform like WhatsApp or Facetime, and we selected Zoom for this assignment. We had to request headphones and good microphones for all those involved, and everybody complied. The only other wrinkle we encountered concerned the lack of familiarity with the way interpreters work when providing distance interpreting. The client expected the interpreters would have their video cameras on during the deposition until we explained that in-person simultaneous interpreters work from a booth where nobody sees them, and when simultaneously interpreting remotely, the off video is the equivalent to the in-person booth. There were no issues or complaints after we gave the explanation.
Issues with the interpreters’ preparation, availability, and compensation.
Because of the complexities in a proceeding that started over a decade earlier and has been through different countries’ jurisdiction no less than three times; the amount of study materials; the needed research on the deponent’s career, personal life, and speech style; all terminology research and development of glossaries; possibility of last-minute cancellations; and number of days needed to be set aside for this deposition, even though the event itself would not last longer than one day, it was decided that all interpreters would be paid for full interpreting days on all booked dates, regardless of cancellations, postponements, or days of actual interpreting. There was no bargaining or hesitancy by the client. They immediately agreed to these terms because they perceived them as fair. Another critical issue was the availability of study materials early in the case; fortunately, the client provided all materials, and a list of internet links to more information early in the assignment, and they did it without us having to request it. Because the interpreter team has worked similar cases for a long time, coordination, assignment of tasks, and collaboration was not an issue this time, and it underlines the importance of working complex assignments with trusted, compatible, capable colleagues.
I know many of you are now facing these high-profile, complex assignments with RSI. I hope this experience and suggested pointers are useful and valuable to your professional practice. I now invite you to share your own experiences and suggestions when dealing with complex or high-profile remote depositions.
Effective depositions require team interpreting.
August 8, 2018 § 10 Comments
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.