Are we protecting our profession? Part 2.

April 5, 2016 § 12 Comments

Dear Colleagues:

On the first part of this entry we discussed the role that professional associations should play on the face of antitrust legislation and its adverse effect on our profession.  Today we will explore another crucial aspect of the profession that has been under siege for several years; and if some external forces have their way, it could set the profession back to the Stone Age.  I am referring to the very popular tendency to minimize the importance of interpreter and translator professional licenses, certifications or patents and the acceptance, and in some cases even blessing, of lesser quality paraprofessionals as the preferred providers of services by many government entities and multinational interpreting and translation corporations who make the decision to hire these individuals, who are unfit to practice the profession, based to the extremely low fee that they command.

It took interpreters and translators many decades of constant struggle to get to the point that their accreditations became widely known and accepted as the standard of quality among those providing the service.  Finally, holding an American Translators Association certification, or proof of many years of experience,  gave the real professional translator the needed tool to argue that she should get the job over the individual whose only credentials were the translation of his parents’ birth certificates and a couple of elementary school reports.  The days when a real professional interpreter would lose an assignment to a person whose only linguistic experience was that he had lived in two different countries during his life, became less common when true professionals started to demand top assignments with their interpreter degrees, or their court, or healthcare certifications in hand.  There was a lot to be done, but interpreters and translators were on their way to educate more prospective clients and government officials every day.  People began to notice the difference on the quality of the service rendered by a real certified interpreter or translator.

But, since nothing can come to the interpreting and translation world without drama and tragedy, technological developments such as CAT tools and telephone/VR interpreting came to be. This should have been a welcome development that benefited interpreters and translators; however, this new technology, combined with a global economy where big corporations seek profit by bastardizing a real profession and turning it into an assembly line, and changing its name from profession to “industry”, injected a new player to our eternal drama:  the opportunist, also known as the “new talent scout” whose sole function was to undermine established professions, like ours, and replace quality professionals with cheap novice paraprofessionals who see this individuals as their ticket out of the flipping burgers world.

Compounding the problem in the United States, there was a new administration in the White House, whose attorney general was determined to compel the state-level agencies who were recipients of federal funds, to provide access to their services for everybody, regardless of the language they spoke. This in itself sounds very good and fair, and in fact it was not just the right thing to do by the administration, it was long due as this mandate had been part of the law since the mid-sixties when Title VI of the Civil Rights Act was enacted.  In fact, to an interpreter or translator who did not know the reality of the American system this would look like a pot of gold. All of a sudden millions of people who needed interpreting and translation services were going to get them! Unfortunately, reality and a short-sighted government opted for the easy way out, a path that was doomed from the beginning. Let me explain: This instantaneous demand for many more interpreters and translators exceeded by far the supply of professionals in the United States, and to meet the mandate, the states decided to enable just about any almost-bilingual individual, to provide translation and interpreting services, instead of promoting more college programs and encouraging American citizens and permanent residents to prepare themselves, and become true professional interpreter and translators, who would have access to professionally remunerated work due to the implementation of this legislation.

When the opportunists, also known as the “new talent scouts” realized what was going on, they immediately saw the possibility for huge profits by providing the required services with tons of these paraprofessionals, who they immediately hired at rock bottom fees.  Moreover, they saw the possibility of making their margins even bigger by using machine translation and retaining humans as proofreaders, and by providing interpreting services by telephone, and lately by video remote interpreting or VRI in some cases, while hiring these new “type” of “interpreters” by the minute (or if they are lucky by the hour).

Government officials liked the solution, but they still had one more obstacle that was keeping them from going all the way with these multinational corporations operated by the opportunists, also known as the “new talent scouts”, who by now were active in social media, writing their own blogs, and organizing their own conferences to build themselves up like interpreting and translation “self-proclaimed gurus”. That obstacle was the certification.

The certification, that extremely difficult and elusive project that took real interpreters and translators several generations to create, and then make known and widely respected, was by now a requirement in the law.  It was obvious that the new paraprofessionals would never pass a certification exam, so the government officials and their “associates” had to think fast, and cheap.

The solution they came up with was the creation of a “second class” tier of people who they call “language facilitators”, “justice-system interpreters”, and many other labels, avoiding this way the uncomfortable, and perhaps illegal alternative of referring to them as translators or interpreters, who, in lieu of a real certification, would be “accredited”, “registered” and many similar names.  Now they argue that these individuals can provide the professional service as long as the content is not too difficult or the event is not very important!

Finally, to end the vicious circle, some of our opportunistic “friends”, also known as the “new talent scouts”, realized that with government officials willing to do whatever possible to go around the true mandate of Title VI, which would require them to use certified, experienced, professionally trained interpreters and translators, they could get another piece of the pie by pulling a rabbit out of a hat, and creating a mutant creature they would call: “community interpreter certification”.

The principle is very simple: What do you do when you have a group of people who cannot pass the interpreter certification exam? You develop another program with an exam easy enough for anybody to pass, and you propose it to the authorities as a legitimate certification for court cases before administrative judges, for client-attorney interviews, and for simple medical events. Do you see the pattern? Once again we have the not-so serious event and the not-so difficult content rationale to justify the use of mediocre individuals, who have only one advantage over the real professional, experienced, certified interpreters and translators: They will work for peanuts; because whatever they get paid will be better than the money they were making before they got “discovered” by the talent agent.  Never mind the fact that administrative law hearings are as complex as Article Three court hearings as I have indicated on a previous entry to this blog a few months ago.

The situation turned for the worse when the implementation of Title VI at the state-level civil courts in the United States was narrowly interpreted by many of their administrative offices, as meaning that only interpreters supplied through the judiciary could provide services in civil matters. This actually killed the main source of income to many entrepreneurial interpreters who had opted out of the bureaucratic, low-paying criminal court assignments, and had developed their own client-base, charging for their services according to supply and demand. Oftentimes, because of the complexity of civil litigation, and because of their type of clients, these interpreters fared much better than their counterparts who stayed on the criminal court bandwagon.  Title VI guarantees equal access to all government funded services, including the administration of justice, but it does not make it illegal for litigants who want to, and can afford it, to hire private interpreters.  In my opinion, this is a classic example of a situation where professional associations needed to protect their individual members, and the profession, by advocating for the availability of private interpreters to be retained for civil litigation.  Unfortunately, instead of taking action, our biggest professional association in the United States not just sat on the sidelines, but welcomed the new “civil court-provided interpreter system”, and remained silent when some states decided to meet the requirements of Title VI by hiring big “interpreting services” agencies (who view our profession as an industry) to program the interpreters for civil cases.

To summarize the situation, we now have an environment fostered by the government authorities, and exploited by the multinational interpreting and translation corporations, plus some small “local talent” that was able to learn fast how to do this thing, where certifications and education do not matter anymore, where assignments are going to questionable paraprofessionals, many of whom have never been able to pass a certification exam, who are working under terrible conditions, in exchange for a miserable fee.  The first logical reaction of any interpreter or translator should be one of outrage, disgust, frustration. The second reaction should be to talk to its professional association and ask it to represent its members and protect them from these nefarious tendencies, thus saving the integrity of the profession.

Attorney and medical associations are vigilant and protective of their members and profession. They do not allow, under any circumstance that paraprofessionals practice law or medicine. In fact, attorney associations set the standards of practice in their profession. No agency or its equivalent is allowed to set the tone.  They have lobbied for, and achieved legal protection: In the United States it is a crime to practice law without a license, and this applies to all court proceedings, including administrative courts.

Unfortunately, this is not the case with some of the bigger translator and interpreter associations.  They keep silent when the government creates these groups of paraprofessionals to “meet” the requirements of Title VI. They invite those who are turning translators into proof readers to their conferences to recruit more of the young talent before they learn to separate good from evil; Instead of protesting, criticizing and denouncing the birth of that Frankenstein’s monster called “community interpreting certification”, they celebrate the lowering of the bar and open wide their organizations’ doors for these paraprofessionals.

Moreover, they welcome as their members many of these multinational corporations, “self-proclaimed” gurus, and opportunists, also known as the “new talent scouts”. Maybe they do so because they do not know of all these terrible things that are happening to the profession. Maybe they let them in because they share their view of interpreting and translation not as the professions they always were, but as industries where the proofreader (formerly known as translator) and the part-time telephone operator (formerly known as interpreter) will happily hold hands at the assembly line and praise the virtues of the big “language” corporations. The question is, what are professional associations for? I now invite you to share your comments about this reality we are living pretty much around the world, and to offer your solutions to the role that a professional association should play in the world of interpreting and translating.

Are we protecting our profession? Part 1.

March 29, 2016 § 49 Comments

Dear Colleagues:

Every now and then something happens in our profession that makes me wonder if we are truly doing what is best for all of us: individually and collectively as interpreters and translators.  In fact, this happened recently when I learned, like many of you, that the American Translators Association had revisited the antitrust legislation issue and had reviewed its policy.  As expected, ATA followed its traditional pattern of protecting the “interests” of the association over the interests of its individual members or the profession, and adopted a policy that clearly observes antitrust legislation as is, without questioning it.   It is not clear to me how the association arrived to this resolution to endorse everything the government wants, and is included in the legislation and case law, without first seeking a legal opinion from attorneys who disagree with the current antitrust laws or their interpretation by the government.  As I understand it, the mission of a professional association is to advance and protect the interests of its members and the profession they practice.  This can only be accomplished by assessing the current legislation as to its impact on those who it is supposed to protect.  I am convinced that a well-publicized campaign to get public comments from the membership, and seeking a legal opinion as to how to interpret the current legislation in the light most favorable to the interests of the individual interpreters and translators, which could have included proposed amendments to the antitrust legislation would have been fruitful and very successful.  Of course, it would have rocked the status quo where big multinational businesses, sponsors or members of the association, benefit from the current interpretation of the law and the association’s corporate policy, that leaves the individual members on an uneven field where they cannot talk about the insulting and sometimes degrading fees, or rates as these huge corporations refer to them, that are offered for their interpreting and translation services.

We all want to comply with the law, and nobody is suggesting that we break any legislation. On the contrary, we should always observe the law of the land, as these rules and regulations exist to protect the weaker members of society from the actions of those who are in a position to take advantage of them.  This does not mean that we should not question a legal precept when we believe that it is not advancing justice or protecting the weak.

Antitrust legislation was born in the United States in the latter part of the 19th. century when the legislator, first at the state level, and later at the federal Congress, saw the need to protect consumers from big business that at the time was acting as big conglomerates with “excessive” economic power according to the opinion of a majority of the citizens of the United States. The goal of the legislation was to regulate the conduct of business corporations by promoting a fair competition for the benefit of the consumer. Legislation such as the Interstate Commerce Act of 1887, the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914 became the law of the land.  They were followed by more recent laws like the Robinson-Patman Act of 1936 and the Celler-Kefauver Act of 1950. Ohio Senator John Sherman clearly explained the rationale behind this policy when he said that: “…If we will not endure a king as a political power, we should not endure a king over production, transportation, and sale of any of the necessaries of life…” (Speech delivered in the U.S. Senate on March 21, 1890) The U.S. Supreme Court agreed with this spirit of the legislation when it referred to the Sherman Act as a “charter of freedom, designed to protect free enterprise in America” (Appalachian Coals, Inc. v. United States, 288 U.S. ({{{5}}} 1933) 344 [359]) Antitrust legislation goes against the freedom of speech protected by the First Amendment of the Constitution, but it is tailored under strict scrutiny to limit this right only as it protects the consumer from the voracious unscrupulous merchant. We have many examples of these businesses throughout the more than one hundred years of antitrust laws in the country: The mining industry, the automobile industry, and even the telephone industry are some of the examples that come to mind. In all of these cases we can clearly see the benefits of restricting commercial and industrial activities to avoid monopolies.  We do not dispute that, but the fact is that the world has changed and we now face a very different economic reality than the one faced by the antitrust legislator of the 19th. century.

Technological advances and the rapid growth of globalization have created a world with uneven realities and circumstances in many fields, including interpreting and translating. When applied today, the rules conceived to protect the weak from the powerful, provide shelter to multinationals like Capita, SOSi, and LionBridge who take advantage, with the blessing of some of our professional associations, of the legal ban to talk about fees and working conditions of professional interpreters and translators who are forced to negotiate with commercial, not professional, entities who take advantage of any circumstance they can use in their favor.

But it does not need to be that way, a careful reading of the law shows us that discussing fees and work circumstances is legal, as long as there is no agreement to fix a fee.  The problem is that, to avoid any possible discomfort, some professional associations adopt internal rules and policies where all mention of fees has been proscribed.  It is clear that there is a need for litigation, it is the courts, not the executive branch, who should decide if these 19th. century rules designed to protect the little guy from big business should apply to individuals who make a living from the practice of a professional service, not an industrial or commercial activity (despite the efforts by many to convince us of this model) who are constantly oppressed and taken advantage of by the big business of multinational interpreting and translation corporations.

Who is the little guy who needs the protection of the law under these circumstances? Professional service providers should not fix their fees for services offered to their individual clients: the consumers in this scenario; but there is a big difference between offering services to a neighbor or a store down the street where I live, and having to accept rock bottom fees from publicly traded entities who have a presence in fifty countries.  The court system needs to decide these cases, and if the decision is adverse, the legislation has to be changed. Not all legislation is good or fair; in fact, there are plenty of examples where we can see how the law created or enabled an unjust situation. Let us remember that not long ago the United States had legislation that favor slavery, or deprived women from the right to vote.  This is where professional associations are expected to act to protect their individual members and above all: the profession.

Perpetuating the present situation will not advance the profession, it will mutate it into some kind of involuntary servitude where the big guys will call the shots.  I now ask you for your comments, in the understanding that nobody is calling for violating current legislation, just to change what we have right now, and to opine about the role that a professional association should play when the profession needs to be protected from exterior forces who are trying to hijack it from the interpreters and translators.   Next week we will discuss the same topic from a different perspective: The professional associations and the battle against the professionalization of the interpreter.

Improving our knowledge, enhancing our skills in the New Year.

January 18, 2016 § 4 Comments

Dear Colleagues:

Many professional responsibilities and obligations come with a new year.  As interpreters and translators we must strive to deliver a better service than the year before, and the best way to achieve it is through practice and study.  We need to improve our personal libraries, increase our professional resources, and find a way to learn something new and brush up on our ethics, while getting the continuing education credits needed to keep our certifications, patents or licenses.

This is the time of the year when we plan some of the major events that will happen during the year; the time to block some dates on our professional appointment books to be able to attend professional conferences. Those of you who have read the blog for a long time know that every year I share with you those professional conferences that I consider “a must” due to their content, the reputation of the organizations behind them, and the networking benefits derived from attending the event. This year is no exception.

As always, I start my conference “grocery list” by writing down the characteristics that I consider essential for my professional development. This way I make sure that I will not end up at a conference that will take my money and give me little, or nothing, in exchange.

The right conference needs to offer useful and practical presentations geared to different segments of professional interpreters and translators according to their years of practice.  There is nothing more confusing to a new interpreter or translator than finding themselves in the middle of a big conference where nothing in the program appeals to them.  There have to be workshops and presentations that speak to the new blood, and help them become good and sound interpreters and translators who will enjoy their professional lives.  By the same token, we must have workshops that appeal to the experienced professional. There are hundreds of colleagues who stay away from professional conferences because all they see in the program is very basic.  They want advanced skills workshops, advanced level presentations, interesting innovative topics on interpreting, translating and languages, instead of the same old seminars that focus on the newcomers and completely ignore the already-established interpreter and translator.  Finally, a good conference has to offer presentations and workshops on technology, the business of interpreting and translation from the perspective of the professional individual, instead of the corporate view that so often permeates the conferences in the United States and so many other countries, and it must include panels and forums on how we should proactively take action, and reactively defend, from the constant attacks by some of the other players in our field: agencies, government entities, direct clients, misguided interpreters and translators, and so on.

To me, it is not a good option to attend a conference, which will cost me money, to hear the same basic stuff directed to the new interpreters and translators. We need conferences that offer advanced-level content for interpreters and translators, forums and presentations that deal with sophisticated ethical and legal situations that we face in our professions.  At the same time, the new colleagues need to be exposed to these topics on a beginner-level format, and they need to learn of the difficult ethical and legal situations they will eventually face as part of their professional practice.

I do not think that a good conference should include presentations by multilingual agencies or government speakers who, under the color of “good practices to get more business”, use these professional forums, with the organizing professional association’s blessing (because money talks), to indoctrinate new colleagues, and also veterans of feeble mind, on the right way to become a “yes man” or “yes woman” and do everything needed to please the agency or government entity in order to keep the contract or the assignment, even when this means precarious working conditions, rock-bottom fees, and humiliating practices that step by step chip away the pride and professional will of the “linguist” (as they often call them) and turn him into little more than a serf with no will of his own.  I want to make clear that I am all for hosting representatives of government offices and honest agencies who share information as to their policy and operations, but no promotion or indoctrination. There are honest businesses and government officers who are willing to follow this more suitable approach. We are all professionals, and we know that there are plenty of conferences organized by these entities, and we can attend them if we want to get that type of “insight” without having to waste presentation time during our own events listening to these detrimental forces.

I do not see the value of attending interpreter and translator associations’ conferences sponsored by those entities who are trying to convince us that we are an “industry” instead of a profession; because an industry has laborers, not professionals, and the latter demand a higher pay.  There is no need to spend your hard-earned money on conferences devoted to convince you that machines should translate and humans proofread, that interpreting services must be delivered by video using underpaid interpreters, and that if you dare to speak up against this nonsense, it means that you are opposed to the future of the profession.  I want to attend a conference where we can openly debate these modern tendencies of our professions, where we can plan how we will negotiate as equals with the owners of these technologies, and hold a dialogue with the scientists behind these new technologies, without a discredited multinational agency’s president as moderator of a panel, or a bunch of agency representatives giving us their company’s talking points again and again without answering any hard questions.

I want to be part of a conference where experienced interpreters and translators develop professional bonds and friendships with the newcomers to the professions, without having to compete against the recruiters who, disguised as compassionate veteran colleagues or experts, try to get the new interpreters and translators to drink the Kool-Aid that will make them believe that we are an industry, that modern translators proof-read machine translations, and good interpreters do VRI for a ridiculous low fee because they now “have more time to do other things since they do not need to travel like before”.

I want to go to a conference where I will have a good time and enjoy the company of my peers without having to look over my shoulder because the “industry recruiters” are constantly coming around spreading their nets to catch the new guy and the weak veteran.

Unfortunately, there will be no IAPTI international conference this year.  Because this organization delivers all of the points on my wish list, I always have to recommend it at the top of my “must-attend” conferences.  IAPTI cares so much for its members that after listening to them, it decided to move their annual conference from the fall to a different time of the year. Logistically, it was impossible to hold an international conference just a few months after the very successful event in Bordeaux this past September. The good news is that not everything is lost. Even though the international conference will have to wait until 2017, there will be several “IAPTINGS” all over the world throughout the year.  This are smaller, shorter regional high quality events that give us the opportunity to put in practice everything mentioned above.  Stay alert and look for these events; there might be one near you during 2016.

For my Spanish speaker colleagues, I truly recommend the VI Translation and Interpretation Latin American Congress (VI Congreso Latinoamericano de Traducción e Interpretación) to be held in Buenos Aires, Argentina, on April 21-24, 2016. Because of its impressive list of presenters and speakers, and from the wide variety of topics to be discussed, this congress represents a unique opportunity for all our colleagues to learn and network in a professional environment with magnificent Buenos Aires as the backdrop. I hope to see you there.

For all my judiciary interpreters and legal translators, I recommend the NAJIT 2016 Annual Conference in San Antonio, Texas on May 13-15, 2016. Although this year’s program has not been published yet, NAJIT is the largest judicial interpreter and translator organization in the United States, and perhaps in the world, and it constantly schedules topics of interest to the legal community; this is a great opportunity to network and give this event, and its current Board, a try.  I will personally attend the conference for the reasons I just mentioned, and because I have reason to believe that the organization is moving on the right direction towards the professional individual interpreter and translator and their rights.

During the fall of 2016 I will be attending the 20th. Anniversary of the OMT Translation and Interpretation International Congress San Jerónimo (XX Congreso Internacional de Traducción e Interpretación San Jerónimo 2016) in Guadalajara, Mexico on November 26-27. This is a great event every year. It is held at the same time that the FIL International Book Fair at the Expo Guadalajara, and it brings together top-notch interpreters and translators, as well as celebrities of the world of linguistics and literature from all over.  This year the congress turns 20 and for what I have heard, it promises to be the best ever! Join us in Guadalajara this November and live this unique experience.

Although these are the conferences I suggest, keep your eyes open as there may be some local conferences that you should attend in your part of the world. I will probably end up attending quite a few more during 2016.  I would also invite you to look for smaller events that may be happening near you; events like Lenguando, and other workshops and seminars somewhere in Europe, Asia and the Americas.

Finally, I invite you to share with the rest of us the main reasons that motivate you to attend a conference as well as those things that turn you off.

What to do as an interpreter when the attorney makes a serious mistake.

November 11, 2013 § 7 Comments

Dear colleagues:

In the past we have discussed professional and ethical issues in the blog, but I don’t believe we have ever tackled anything as serious as the situation I will share with you today.  This happened to me many years ago and made me think about my professional and ethical boundaries as a court interpreter.

It all started when I was hired by an attorney to interpret during a final decree of dissolution of marriage hearing. In other words, I was retained to interpret in court for a person who was getting a divorce.  I had never worked with this attorney before (or since) but I had seen him many times at different courthouses running from one courtroom to the next. He was a general practitioner who spoke Spanish, advertised on TV, and had a lot of cases.  He called me, we agreed on my fee, and we made an appointment to meet at the courthouse right outside the courtroom some thirty minutes before the hearing.  I arrived first and about ten or fifteen minutes later the attorney showed up accompanied by his client.  Again, keep in mind that the attorney spoke Spanish.  After the introductions, I asked the client the standard questions I am sure you all ask when you just met the non-English speaker:  full name (for spelling purposes because there are no grammar rules when it comes to a person’s name) country of origin (for accent, regional expressions, and general vocabulary) academic background (to assess the individual’s mastery of the target language) and general health-related questions (in case the person may have a special request due to hearing problems for example)  He answered all these questions to my satisfaction, and added that he “…had already discussed everything with (his) lawyer…(and) …everything was clear and in order…”  The attorney, who was present during the exchange, confirmed in Spanish everything his client said.  It was going to be an easy assignment.

When it was time for the hearing all three of us went inside the courtroom.  As soon as I came in I noticed the court clerk, the court reporter, and the bailiff. I didn’t see the other party or her attorney. I asked my client about it, and he informed me that the other party was not going to appear. That she had been given notice by publication because she wasn’t at her last known address anymore, and that his client would probably be awarded sole custody of the children born to the marriage despite the fact that they were with the mother at an unknown location.  This happens often, and I wasn’t complaining. The hearing was going to be even shorter. Boy I was glad I had successfully negotiated a generous minimum fee.

Next the judge came out and took the bench. The hearing started.  After the bailiff called the caption of the case and my client and I entered our appearance on the record, the judge placed the Spanish speaker petitioner under oath and began questioning him.  To my surprise, the petitioner told the judge that he and his wife had never lived together as a married couple in the United States. In fact, he told the court that his wife had never been to the U.S.

I looked at the judge and I saw that I wasn’t the only one in the courtroom that was shocked by the answers.  The judge also learned that the petitioner had never paid child support to his children. Next the judge asked the petitioner when the last time he had known the respondent’s address was. The Spanish speaker said, and I interpreted, that although he didn’t know where his wife lived, he was pretty sure he could find out because her parents still lived at the same address they had lived at for over twenty years.

With that, the judge shook his head. Looked at the attorney for a long time, and then said: “…I hereby dismiss this petition for dissolution of marriage due to lack of jurisdiction.  For this court to be able to hear this case, at some point in time the parties had to live within the judicial district as a married couple; unless without having lived within the jurisdiction, both parties voluntarily consent to the jurisdiction of this court.  None of these circumstances happened in this case…” As if this wasn’t enough, addressing the petitioner, the judge added:  “…Sir, I have no doubt that your attorney will explain to you what just happened. He will also explain to you the following order: It is the order of the court that petitioner pay child support to his minor children according to the schedule applicable to this district. The child support payment will be retroactive to the time when petitioner ceased to live with the minors. I find that I have jurisdiction to enter this order because petitioner is a resident of the judicial district.  Good luck Sir…” The judge got up and exited the courtroom.  There was absolute silence. The Spanish speaker turned to his attorney and asked him what had just happened. He even remarked: “…I don’t think I am divorced yet…”  His attorney asked him to step outside the courtroom. We all did.

As we were leaving the courtroom, the attorney approached me and whispered to my ear in English: “…We better get your money from him right away. He won’t be a happy camper once he learns what just happened…” Once we were outside, the attorney told his client: “…Well, it didn’t go as we planned it, but we can fix it. I will explain everything when we get to my office…but first let’s pay the interpreter so he can go…”  The Spanish speaker pulled out some cash and with no hesitation he paid me right at the steps of the courthouse. This was a first for me, but I had done my job, so I took my fee, gave him a receipt, and said goodbye.  That was the last I heard about that case.  To this date, more than twenty years later, I still don’t know what happened.

Now, for me to arrive to the conclusion that I should get paid for my services was a no-brainer. I did my job.  The part of this situation that I had to debate in my head before I said my goodbyes was about the lawyer’s conduct and the damages caused to the petitioner by this apparent negligence.  This is how I made my decision: First, I didn’t know all the facts. I had no way to know if the attorney and his client knew that a dismissal was a possibility, but what they were really trying to do was to avoid a long and costly divorce proceeding. It could be expensive to look for the spouse back in their home country. This could have been a strategy. Maybe the lawyer really spaced out and didn’t consider the possibility of a lack of jurisdiction; maybe they were going to regroup at the office and try to either find the spouse and get her to consent to the jurisdiction of the court, or to file a divorce petition in their country.  Maybe the attorney was going to tell him that a child support order from this judge would be unenforceable back in his country, and that a child support ordered by a judge back home would involve a lesser amount that would be more in synch with the economy of the country of his children. Or maybe he was just going to apologize and refund the attorney’s fees.  The thing is that I didn’t know and I had no reason to think the worst.  Not many lawyers are willing to lose their license and reputation for a case that small. He was a big shot with TV ads and lots of clients.  Moreover, that was not my role. I had no legal, professional, or ethical grounds to do anything other than to take my money and leave.  There are legal channels for people who want to redress a controversy. The petitioner had to be the one to decide to do that, not me. The fact that he did not speak English did not mean that he was incapable to defend himself, and it certainly didn’t give me the right to get involved in a situation that was not my business. The judge didn’t get involved. He even said that he had no doubt that the attorney would explain everything to his client.  So you see, I defeated that impulse that many colleagues have to become super heroes, and I stayed out of it. Of course, if subpoenaed, I would have testified to what I saw and heard, but that is different. To this day I believe that I did the right thing and I would like to hear from you to see if you agree or disagree. I also invite you to share with all of us other situations where you have faced ethical or professional issues and the way you resolved them.

The ten worst things an attorney can do to a court interpreter. Part 2.

April 2, 2013 § 3 Comments

Dear colleagues:

Last week I posted my first five worst things an attorney can do to a court interpreter. Next, I share the rest of my list in the understanding that there are plenty more examples of these “worst things,” and inviting you to review my top ten, share your “war stories” and share your comments and solutions with the rest of us.

Here we go:

  1. Six.  “Mr. interpreter let me introduce you to my daughter, she took Spanish in high school and spent a month in Costa Rica so I want her to start interpreting my easy cases. Just show her what you do. She’ll pick up in no time.”   I was asked once to help this lawyer’s daughter because she was “really good with languages.”  Fortunately for me, I have no problem establishing my ground rules when at work so I immediately declined.  Unfortunately, I have seen many of my colleagues playing this role of mentor/teacher/parent with the lawyer’s child who just wants to get her dad to send her to a foreign country during the summer and has no intention whatsoever to become an interpreter.  The only solution is to politely explain that you are doing a job and that the lawyers are paying you a lot of money to provide your services; that you are not a teacher (even if you are) and that the “future polyglot“ daughter would not get anything from following you around, so the only thing to be accomplished would be a heftier interpretation services invoice.  I would also bring up the client-attorney privilege rules, and remind the attorney that the daughter’s presence could be a waiver of the privilege, and as such, it is the defendant who has to decide after being advised of these potential complications. A more permanent solution could include a paragraph on the written contract stating that you will not train anybody unless you bring the trainee and the defendant agrees to her presence during the interpretation.
  2. Seven.  “You know what, you charge too much, so I want you to just interpret the main parts of the hearing so I don’t have to pay you that much.”  I have been told this… more than once! You have been hired to do your job: interpret a hearing because the person does not speak English and he has the right to an interpreter. The fact is that, just as the lawyer, you are a professional and you sell your time.  You are there at the courthouse and you cannot be anywhere else. You cannot make money somewhere else because you are committed to this particular client.  You are getting paid to be there and interpret everything that is said (ideally) or everything your client tells you to interpret; but you were hired to BE THERE. Because you charge by the hour, just like the attorney, you need to be paid for the time devoted to the case, whether you are interpreting, waiting for the case to be called by the judge, taking a bathroom or lunch break during a recess, or traveling back and forth between your office and the courthouse or law office.  Maybe you should remind the attorney of this circumstance when he tells you not to interpret and you will see how quickly he changes his mind and asks you to interpret everything.  Here again, the long-term solution to this situation is to educate the attorneys and to have a written contract that states your fee, services, and what you are being paid for.
  3. Eight.  “Do not interpret that!”   This usually happens when the client complains to the court about the lawyer.  I once had a case when the defendant was before a judge to be sentenced for the commission of a crime. After the prosecutor and defense attorney spoke, the judge asked the Spanish-speaking defendant if he had anything to say. As I interpreted this words to the defendant he looked at me, then he turned to the judge and said: “solo que mi abogado es un pendejo.” (just that my lawyer is an asshole) The attorney, who spoke Spanish, and had political ambitions, stopped me immediately and told me not to interpret what the defendant had said. He then told his client in Spanish that he should not tell those things to the judge.  The dialogue looked quite strange even for those who do not spoke Spanish and the prosecutor (who I believe knew all the bad words in Spanish like many Americans do) immediately said  to the court that he wanted to hear what the defendant had said. The defense attorney said that it was privileged information, but the judge ruled that it had been said in open court while addressing him directly so he ordered me to interpret the words, which I did with pleasure, to the endless laughter of everybody in the courtroom. The attorney was mad at me for many months as if I had been the one who said it.  In this case, the outcome was ideal (well not for the defense attorney) because I let the attorneys argue the point and then waited for the judge to decide. The solution to these situations when somebody raises client-attorney privilege is always to let the lawyers argue the law and then wait for the judge’s decision. It is a legal matter and as such, we should keep our opinions to ourselves.
  4. Nine.  I need you to tell the jury that my client did not understand because he speaks a different type of Spanish”  I have been approached, and sometimes retained as an expert witness to convince a jury that a person did not understand what he was told by another interpreter because she had used a “different kind of Spanish.” Of course I testify as an expert all the time, and when I do, it is because I was retained to assess what happened and give my expert opinion about the issue in question. I have never nor will ever take a case where they ask me to testify one way or another, regardless of what really happened.  The simple, and effective solution is to turn down the case; however, most lawyers are not really asking you to lie under oath; in reality they are just asking you to see if their theory is even possible. I usually meet with the attorneys, explain my role, and make sure they understand that most Spanish-speaking people understand Spanish in general, regardless of where they were born, but that there are real idiomatic expressions, cultural practices, and words that have a different meaning depending on the part of the Spanish-speaking world where they were said.  If I notice that the claim is frivolous because of the expressions or words involved, and due to the educational background of the individual, I explain to the attorneys that my testimony would only hurt their case; on the other hand, if I see merit on the allegations, I accept the assignment and go to work. I believe this is the best practice because it grants access to your services to those who really need them while at the same time you are avoiding being part of a useless unrealistic claim.
  5. Ten.  Please collect my fee from my client.”  Very few things can get me going the way this request can. Many lawyers have trouble understanding that we are hired to interpret what they tell their client, not to act as their representative or agent during a legal fee negotiation. Many years ago an attorney handed me an invoice from his law firm without saying anything. Of course, I immediately understood what he wanted. I handed it back and told him: “You gave me this document by mistake.”  I could see him getting mad, and later I learned that he complained to other interpreters that I was not willing to “work for my own pay.”  I never worked with that attorney again, and I have never bargained, collected, or prepared a payment plan for any of the clients of the attorneys I have worked for.  Sadly, I have seen how many of our colleagues play this game and spend hours on hallways and courthouse steps waiving invoices, collecting checks, and handing receipts to those who have never been their clients. It is important to set boundaries from the beginning. We all know that part of our job as interpreters for a private attorney includes interpreting fee negotiations between client and lawyer; that is perfectly fine as we are providing our interpretation services to facilitate the communication between the parties to that professional relationship.  There is an abyss between what I just described and what some attorneys ask the interpreter to do.  Negotiating on behalf of the lawyer is not interpreting and therefore it is not covered by my fee. It is not what I do for living. As I said at the beginning of this post, my clients are attorneys who know how to work with an interpreter and they would never ask me to act as their collections agent, but just in case, you should always be ready to tell the attorney that you are glad to interpret the negotiations, but that you cannot and will not negotiate for them.

As you know, this is only the tip of the iceberg. Please review these “ten worst” and if you are up to it, I would love to read your top ten, top five, or even top one.  This should be good…

Why not a less expensive good new interpreter?

January 23, 2013 § 5 Comments

Dear colleagues:

When I recently wrote about the difference between hiring a less expensive interpreter instead of paying for a good seasoned experienced one, some colleagues raised the scenario where a new interpreter could be good but newer to the profession. The issue was that this new colleague could be as good as an experienced interpreter minus the years in the booth. If a client can retain the services of such a professional for less money, why bother with a more expensive interpreter who would be charging more just because of the years of professional work.

It seems to me that this is a very valid point and worth of analysis. It is a well-known fact that there are many extremely good interpreters entering the market every year. I know it because I have worked with some of them. They are good, professional, reliable, and they charge less than a well established top-level interpreter. The perfect answer to a client’s need!

However, and there is always a “however,” the business of interpretation is much more than booth performance and professional attitude. It is my personal experience that the client wants a one-stop all-inclusive service that frees him to do everything else needed to have a successful event. When a client is paying top money for an experienced interpreter he or she expects a professional who knows about booth location, interpretation equipment, and much more. They want an interpreter who is able to suggest equipment, technician, protocol, and many other things. My clients hire me because of my booth performance, but they also know that they can count on me for all dealings with the rest of the interpreters, tech support, booth location, speaker orientation, and the intangibles like the best coffee shop near the convention center, the closest Ipad charging station at the airport, a good restaurant suggestion at the conference site, and tons of other things that they expect the good interpreter to know. I know that many of my colleagues have seen the sign of relief on a client’s face when you tell them that you know the technician, that you have worked with him; or when you arrive at the hotel or convention center and the local staff greets you as an old friend. They love it when you can get the extra wireless microphones, or the additional thirty minutes of conference room after they were told it was impossible to do it. Well, this is why the client is paying the experienced interpreters’ fees. If a short-sighted client wants excellent work in the booth and nothing else, a new good and inexpensive interpreter is an attractive option, but if the client was to forget about interpretation and concentrate on everything else, she or he will happily pay for the services of a one-stop high-quality seasoned well-known interpreter.

I personally believe that a good solution is a mix of several top-notch interpreters and an all-star team of newcomers. I have always loved to teach everything I know to the new generation, and I know I am not alone; many of you do the same. Therefore, my answer to those who contacted me after my previous posting is: There is a difference between great new interpreters and great experienced interpreters that goes beyond the fee we charge. Let’s build the next generation of interpreters by working together, teaching them the many nuances of the profession, and showing them that a good interpreter should never charge little money. I would love to hear your comments.

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