When clients do not provide information in advance.

February 10, 2020 § 2 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.

What we learned as Interpreters in 2019.

January 13, 2020 § 6 Comments

Dear Colleagues,

Now that 2019 ended and we are working towards a fruitful and meaningful 2020, it is time to assess what we learned during the past 12 months.  As interpreters we are constantly learning, and from talking to many of my colleagues, this year was packed with learning opportunities.  In 2020 I worked with magnificent interpreters and many of my dearest colleagues.

Our profession had positive developments this year:  For the first time our African interpreter and translator colleagues gathered for the First Africa International Translation Conference in Nairobi, Kenya. I had the fortune to attend the event. It was an eye-opener to see how many capable colleagues from all corners of Africa, and many other places in Europe, South America and the United States were committed to have an excellent program full of content. This conference was attended by true professional interpreters and translators who exchanged opinions, attended workshops and presentations, and enjoyed the beauty of Kenya and the enthusiasm of the local interpreters and translators. On a personal note, I had the privilege to be invited to lecture in front of hundreds of language, translation and interpretation students at Kenyatta University. This was an experience I will never forget. After the conference, our Kenyan colleagues organized a safari which I attended. Another unforgettable experience. In 2020 African interpreters and translators will build on top of last year’s accomplishments and hold the Second Africa International Translation Conference in Arusha, Tanzania.

Another “first” took place in Buenos Aires, Argentina, where the Argentine Association of Sign Language Interpreters (AAILS) held its first conference entitled: “1 Jornada de AAILS”. The event was attended by Argentine Sign Language interpreters from all over Argentina, and by interpreters of other languages and representatives from other translation and interpreting organizations from Argentina and abroad. I was lucky to participate in the preconference workshops and the conference itself. The presentations were educational, fun, and informative. I was pleasantly surprised by the level or participation and the energy and talent of the board members and others who collaborated to the success of the conference.

The interpreting profession in Mexico is stronger every day as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, with more presentations directed to interpreters than ever before; The Autonomous University of Hidalgo’s University Book Fair and content-packed conference in Pachuca; and the every-year more successful court interpreter workshop and conference for Mexican Sign Language (LSM) in Mexico City once again. This year’s edition added the participation of Mexico City’s prosecution agency (Procuraduría de la Ciudad de Mexico) to the impressive list of international guests, magistrates, judges, and attorneys already collaborating to the success of this project.

The Brazilian Association of Translators and Interpreters (ABRATES) gave us the biggest show of the year with its magnificent conference. Hundreds of interpreters and translators from all over the world gathered in Sao Paulo, Brazil to learn and exchange experiences on a wide variety of subjects, from academic content to business practices, to the most recent developments in technology, to networking, this was a very-well organized, unforgettable experience.

There were many conferences in the United States: the National Association of Judiciary Interpreters and Translators in the United States (NAJIT) held an attendance record-breaking conference in Nashville, Tennessee, The American Translators Association (ATA) had its every-year larger, and more expensive conference in Palm Springs, California, but the one to single out because of its content, organization and attendance, was the Midwest Association of Translators and Interpreters (MATI) conference in Chicago, Illinois. This was a most-needed conference in the Great Lakes Area where many interpreters and translators live and practice, but few quality events are offered. Those who attended the event will be back in 2020 when the conference will take place in Wisconsin, and no doubt they will invite their friends.

On a year packed with great conferences and workshops, interpreters need to know that the prestigious biannual Institute of Translation and Interpreting (ITI) conference took place in Sheffield, England, with an all-interpreter dedicated track. Some of the best-known, most capable interpreters from Europe and elsewhere shared their knowledge through very interesting, informative, and provocative presentations in an atmosphere like only interpreters can create. This, added to the well-known, high quality translation program, and a spectacular venue, made the conference a second-to-none event. I enjoyed it very much, and developed (and renewed) wonderful friendships with great colleagues.

In some parts of the United States, this past year saw the beginning of important changes in the way interpreters and translators provide their services, empowering the individual and limiting abusive practices by language service agencies. Unfortunately, big corporations and small entities seeking to keep the one-sided labor market they have enjoyed for too long, sold some interpreters the idea these changes hurt them, when in reality they only hurt agencies and leave interpreters and translators free and empowered to provide their services without expendable intermediaries. Sadly, instead of using their time and energy to educate direct clients and explain that services would now be provided without the middle guy, these agencies talked some colleagues into defending the interests of the agencies under the misconception they were defending themselves. The year brought positive developments to the largest court interpreter association in the United States. After a few years of problematic ineffective leadership, during the second half of 2019, a majority of the NAJIT Board elected a truly capable, respected professional and proven leader to be its Chair. Now the association faces a promising future.

Once again, this year saw the growth of our profession in Remote Simultaneous Interpreting (RSI). Unfortunately, much of its growth was in home RSI where interpreters, who are not technicians, and cannot control their neighborhood environment, or their country’s infrastructure, are exposed to civil liability while the agencies that hire them remain silent on the subject and professional insurance policies will not cover such events. Combined with the agencies’ growing tendency to hire RSI interpreters in developing countries (where infrastructure is not as reliable as it is in the United States, Japan or Europe) at a fee considerably lower than their counterparts in developed nations, to maximize profits, is the biggest threat our profession will face in 2020.

Unfortunately, 2019 will forever be remembered as the year when the largest association of interpreters and translators in the United States elected as “president-elect” a person who holds no certification as an interpreter or translator despite allegedly working with some of the most common, widely used languages. This creates a serious image problem to the association because there are only two possible explanations when a person is around for many years, claiming as working languages, combinations where certifications are readily available: Either the person has no certification because owners of agencies who do not interpret or translate do not need them, in which case interpreters and translators will have as president-elect an agency owner, not a colleague; or the person translates or interprets without a certification, in which case ATA members will be represented by a person who makes a living by doing exactly what the association fights against: translating or interpreting without being certified. Very sad.

2018 will forever be remembered as the year when ineptitude destroyed the credibility and reputation of the Spanish language federal court interpreter certification exam, until then most trusted interpreter exam in any discipline in the United States. Even though there were two examination rounds in 2019, nobody has been held accountable at the Administrative Office of the United States Courts (AOUSC). The year that ended a few days ago corroborated that ineptitude unacceptable in the private sector has no consequences in the federal government.

Throughout the world, colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. Some European countries are now facing outsourcing of interpreting services for the first time.

Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards creating questionable certification programs, and offering pseudo-conferences and webinars to recruit interpreters for exploitation while hiding behind some big-name presenters, many of whom have agreed to participate in these events without knowledge of these ulterior motives.

No year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2019 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.

As you can see, dear friends and colleagues, much changed and much stayed the same. I focus on the good things while I guard against the bad ones. I wish a Happy and Productive New Year to all my friends and colleagues!

How to get (and keep) direct clients.

December 30, 2019 § 5 Comments

Dear colleagues:

Interpreting is a profession, but unfortunately, it is not always perceived as such. To be recognized we need to look and behave like better-known professions like physicians, attorneys and accountants. A big part of this effort concerns the way we get our clients. As an attorney, I worked with direct clients, therefore, when it was time for me to practice interpreting, and understanding interpreters are also professionals, I looked for my own clientele. Every time I have a chance, I tell my interpreter friends and colleagues to look for direct clients and move away from the agency-dependent model.

The first thing many colleagues ask me is how they can get direct clients and free themselves from having to deal with agencies, and give them part of what they earned. There is no silver bullet. There are several approaches and we must use the tactics that best suit our specific practice, personality, and needs. I will now share some actions that have brought me positive results and have allowed me to directly work with my clients without intermediaries who tell you what to do, force you to fill out tons of paperwork to get paid, impose nonsensical requirements to the way you deliver your services, and often pay late.

One of the first things we can do is to look at our lives, relatives, friends and acquaintances and see if someone can be a direct client or could be a bridge to get to our clientele. Sometimes a cousin or an in-law might work for a business where our services are needed. Many interpreters live and work in countries different from their birthplace or where they went to school. Look at your classmates and their immediate environment. Sometimes you discover that the kid you saw at the school cafeteria or the college library is now a bank president, owns a big business, married an entrepreneur, or is now an elected official in a position to hire interpreting services. If you have a president, governor, CEO, business owner, or professional on your list, go knock on their doors and renew that relationship. I have done this often and clients have come through former college friends now high-ranking politicians, businesspeople, and professionals in various countries.

Another useful practice is to keep up with business developments in your community, your field of specialization, and economic and political changes where you live. I once learned that one of the biggest companies in the world was moving to my hometown lured by tax incentives. I visited them as soon as they opened for business and offered my services, followed up several times, and when the opportunity came, I provided my services going the extra mile to please them and to develop trust. They do business all over the world and they have been my clients for years now.

I am a firm believer in conferences and I attend plenty of them every year. I go to interpreting and translation conferences all over the world, but unlike many who only attend them to get continuing education credits or to see their friends, I also promote my teaching and training services with fellow colleagues and organizations, and I look for capable newcomers in all languages and from all locations, not to recruit them for an agency and get them to work for peanuts, but to add them to my database I share with my preferred clients when they ask me for a certain language or specialized interpreting service I do not provide.  Part of keeping your direct clients happy, and keeping them away from the agencies, is to point them in the right direction so they can directly retain their other interpreters. No agencies involved, and I do not charge a finder’s fee or take a commission from the interpreters’ pay. My benefit is not the few dollars I can make from sharing my interpreter databank with the client (If I needed that little money to make a living I would not be working as an interpreter) my benefit is the deepening of the bond with my client, that trust that makes you indispensable to them.

I also attend non-linguist conferences on subject matters and sectors I work as an interpreter. If you interpret medicine or biology, go to medical, pharmaceutical, biology and dentistry conferences, that is where you will find your direct clients. In my case, going to business, aviation, financial, legal, and sports conferences and trade shows allows me to meet potential direct clients and try my sales pitch.

Writing articles, blog posts, books and manuals helps you reach potential clients. It is also an ice breaker and a useful tool to back up your position or to explain why the clients need you.

A very successful and reliable way to get direct clients is letting potential clients watch you providing your services to another entity, even their competitors. At many times the counterparty at a negotiation table approaches me after the session and asks me if I would work with them; a person attending a conference talks to me about interpreting for a conference they are organizing somewhere else in the world. I cannot tell you how often attorneys from the law firm opposite to the law office I am providing my services for have asked me how I do long consecutive interpretation, tell me that all interpreters they worked with before constantly ask them to stop so they can interpret short segments, and then invite me to discuss a possible collaboration at a later time.

I keep my eyes and ears open all the time, and when the time is appropriate, the opportunity looks good, and the other person is receptive, I offer my services, it does not matter where: a bar, a sports stadium, an airplane, and many other situations.

I use these opportunities to explain what I do and the value of my services. I explain I am not cheap, and when I learn the person has used interpreters, or they tell me their company uses the services of an agency, I explain to them the benefits of retaining me directly, including the money they will save by elimination the middle guy.

Sometimes I work with agencies and I provide my services to international organizations and government agencies in several countries. There are good agencies, for the most part at the top end of the market, who care for quality and pay professional fees. Professional interpreters can work with some of these high-end agencies, international organizations, and government agencies for occasional services after signing a contract. In these situations, the agency that retains an interpreter to do a Nobel Prize winners conference, or the official entity that hires you for a service where you decide whether you accept the assignment or not, are your direct clients. This is a very different situation from an ongoing, several times a week (or month) assignments where the agency sets conditions, orders you not to talk to their client about your services or qualifications, and calls interpreters based on their availability, not individual skills and credentials. This is a direct client model and such practice is unacceptable.

Up to this point, we have covered several means to get direct clients; we will now deal with the most difficult part of working on your own, like a real professional: You need to keep the client.

Keeping a client is very difficult, mainly at the beginning of the professional relationship, but it is an ongoing challenge. You cannot assume a client will stay with you until eternity. Clients are vulnerable to market changes, economic developments, financial crisis, technological developments, legislative amendments, and C-suite changes that set different priorities and new policy. As interpreters we must navigate through these unchartered waters and stay afloat.

Because this is difficult, and time consuming, interpreters should need to evaluate every professional relationship, and assess each client’s value. When the return on your investment is poor or non-existent, drop that client. Keep the best of the best. Develop a strong relationship only with those clients who will benefit you in all (or at least most) of these areas: honesty, reliability, respect, easy access to the top, flexibility, cooperation, professionalism, pay, field of practice, loyalty.

These are your “A-list” clients. You may only have one, maybe there is nobody there yet. That is fine, but do not lower the bar. It means that at this time your best direct clients are “B-list” entities and individuals. Always keep, and fight to keep your “A-listers”, keep your “B-listers” until you have to make room for an “A-list” client, and dump the rest.

To retain “A-listers” you have to keep them happy all the time. This means you have to provide impeccable service and then you have to go the extra mile. Your job with the “A-lister” goes beyond the booth, the law office, or the negotiating table. It includes consulting, providing suggestions, volunteering evaluations, quick research, flexible hours, and priority services. From suggesting the type of interpreters needed, location of the booths, equipment to be used, cultural aspects to be observed or avoided, witness preparation, speaker orientation before a conference, review of printed materials and Power Point slides and translations, to evaluating sound quality of videos to be interpreted, most convenient hotels, restaurants and coffee shops near the venue in a foreign country, and escort interpreting for the principal, sometimes at no extra cost. To keep the “A-list” client you have to be willing and available to travel at the last minute when needed, and to take the four-in-the-morning phone call from the client.

Not all direct clients need (or deserve) that level of attention, but you have to give them something that your competitors, individuals and agencies, will not provide. You need to offer all services mentioned above, but you have to decide what level of intensity to offer as part of your service case-by-case. You now see why you cannot keep all direct clients, but just the best ones. It is time-consuming, you need to gain the client’s trust and loyalty. That is hard.

It is a lot of work, but it is well-paid, not just monetarily (although this is an essential element) but also in freedom, dignity and appreciation. All excellent, reliable interpreters can work exclusively with direct clients, it is a matter of time and effort. It will take some time, but if you are willing to try, start your transition to direct clients now. I now invite you to share with us your suggestions to get and keep direct clients, and please, do not write to defend agencies, they have their own blogs where they constantly praise the benefits of their business model in the interpreting industry.

You got your degree, became certified … and now?

August 6, 2019 § 3 Comments

Dear colleagues:

Getting a college degree is no minor accomplishment, but in most countries, you need a certification, license, or patent to practice your profession. Interpreting is no different.

Unfortunately, a degree and a certification do not guarantee you anything. We live in a globalized society where only the best will reach success. Interpreters work with languages and human knowledge, both characterized by their constant, eternal change. Modernity brings changes in science and technology, and globalization makes all interpreters your competitors, regardless of their location. Continuing education is as essential to interpreters as the air they breathe.

Continuing education costs money, and interpreters need to spend time studying instead of earning a living. When faced with the need to continue our professional education to survive in a market economy, we have to be very careful as to how we spend that hard-earned money. At this point in their careers, interpreters have spent large amounts in their education: College and certifications were not cheap, and now it is time to decide how we will invest our financial resources, and our time, to further our professional development.

Continuing education is an interpreter’s need, but it is also a business. We will now look into some options out there, describe what we need, and provide a profile of fraudulent and poor-quality programs that exist.

The first question to ask ourselves is: What do we need when we seek continuing education? We need to keep a certification or license current; we need to pass an exam, we need to get certified, or we just need to learn and improve to succeed.

To achieve these goals, we need to seek education in five fields:

1. Interpreting

2. Our specialty area

3. Ethics

4. Technology

5. Business

We also need to stay up to date on current events and accumulate general knowledge.

There are several ways to get the education we need on these areas:

By entering a structured education program in a college or other higher learning institution to get a post-graduate degree; by attending summer courses for those who cannot be full-time students. There are also one- and two-week diploma/certificate programs, weekend workshops and presentations by professional associations, universities and colleges, agencies, the government, and well-known professional interpreters who teach.

There are also international, national, regional, and specialized conferences by professional associations.

Webinars by professional associations, universities, and professional interpreters are another source of education (ATA, IAPTI, eCPD, and others) and individual mentorship or internship programs with experienced interpreters as mentors.

Some colleges, professional associations, and experienced interpreters offer a virtual classroom experience, and this is where we see a higher risk to end up with a poor-quality workshop by an unknown interpreter turned instructors. Although some of these programs may offer continuing education credits, they are of little use in a professional life.

Because of the blog, many friends and colleagues contact me to let me know of workshops, seminars, and courses they regret taking. Most include at least one of these characteristics: The instructor is an unknown interpreter considered a “local hero” where he works and lives. These people have secured a local market as “instructors” because they have been around for a long time, or due to their impeccable social skills that have positioned them within a sphere of influence of judges, court administrators, school principals, and others. The classes are held at a person’s home or office, without a proper learning environment and with very few resources. Sometimes the instructor has her children at the venue, and occasionally, the workshop takes place at the same location where other activities are happening, such as a community theater, religious activities, or sporting events. At these courses enrollment is way less expensive than at legitimate programs.

Often a workshop could cost as little as an admission to the movies. Maybe these so-called “continuing education” programs are offered overseas in a resort, and they are handled as destination events or a family vacation instead of a professional event. I suggest you think long and hard before enrolling on a professional program run by a travel agency, or a workshop advertised in a brochure that describes tours, beach activities, and similar options side by side to a professional schedule. Finally, these workshops are often advertised in tacky signs, unprofessional poster boards, and online adds that are misspelled or improperly written.

Because we are in a very competitive market in a globalized economy that pushes us towards continuing education to survive and then excel, you must take care of your time and finances. Do your homework when going for a Master’s Degree or to attend a workshop to pass a certification test. Always select a program that covers the subjects you want to study, and use common sense when selecting a service provider. Trusted colleges, recognized professional associations, well-known experienced interpreters will offer programs that make sense, are useful, and unfortunately, are expensive. When a class it taught by an unknown, the instructor credentials are questionable, the course takes place in a factory cafeteria or the basement of a church, and the course is cheaper than others, look the other way and avoid the workshop, even if it offers continuing education credits.

Study every day on your own, and try to attend workshops, courses and seminars that will cover the five fields above: interpreting, your specialty area, ethics, technology, and business. Attending reputable professional conferences at least once a year may let you cross off your list two or more of them. Remember, look at the program and mistrust conferences that publish the program at the last minute.

Often a local conference may offer what you need. Sometimes you need not travel long distances to get your continuing education. I now ask you for your comments and experiences with good and not-so-good continuing education programs.

Interpreters’ association favors some of its members with 2 questionable actions.

July 11, 2019 § 13 Comments

Dear Colleagues:

If you are a regular reader of this blog you know my position regarding California’s AB5 bill that will benefit independent contractor interpreters who are currently prey to abusive practices by many agencies that treat them like employees but provide no labor benefits in that state. If enacted into law, this legislation will protect those who cannot move or seek other sources of work due to personal circumstances such as a sick child, and elderly parent, or unaffordable individual health insurance coverage. (For more information, please see my post of June 12).

I have no problem with those colleagues who, acting as small business owners, not professional interpreters, seek to influence the legislature and kill the bill. They have a legitimate right to do so, just like I exercise my right to support the bill and advocate for its passing.

The situation turns problematic when an association the size of the National Association of Judicial Interpreters and Translators (NAJIT) apparently injects itself into a controversy that affects many of its members on both sides of the bill, and throws its support behind one sector of its membership: the agency owners.

It concerns me that a national association decided to participate on a state-level issue in a way that goes beyond its mission to advance the quality of the services provided by its membership, and the professionalization of interpreting, and decides to adopt a position fueled by the commercial interests of some of its small agency members, and those who have listened to the one-sided arguments by these businesspeople, and erroneously think the legislation would harm them. A professional association should concern itself with continuing education, position papers, and support of its membership’s efforts to become a recognized profession, not a commercial entity or a merchant guild. It should not support the other side either.

Independent contractor interpreters have the support of the California Labor Unions and Guild; Agency owners are represented by the Association of Language Companies (ALC), an entity conceived to advance their business interests, not the professional status of individual interpreters or translators. On this issue, agency owners who are NAJIT members should turn to those who share their interests in ALC.

Professional associations should refrain from taking positions and acting on behalf of a membership segment at the expense of another. From the beginning of this controversy, at the time of the Dynamex decision, the American Translators Association (ATA) took itself out of this issue by announcing they would not take sides. That was the right decision, they did not put some members over the rest.

The second thing that troubles me is the way NAJIT got involved in this issue. The membership was not informed of any discussion about this support; as far as I know there was never a Board meeting to deal with this issue. No decision was ever made, and the Board was not consulted. For all these reasons, it is very disconcerting, and extremely troublesome to see NAJIT’s Chair actively participating on these actions through social media, by letting others use the name of NAJIT in a way the public could think the association and its Board were behind these efforts, and (according to social media) by actively attending the legislature’s session, not as a private member, but representing NAJIT (there are social media posts showing her approval of these actions). In fact, to foster trust on the leadership, I believe Board members should remain neutral even as individual members of the association for as long as they are part of the Board. I have no way to know if any other members of the Board participated in such an unfortunate incident, because there is no evidence they did, but if this were the case, they would have acted ultra vires as well, and without discussing these actions as a Board.

Fortunately, the California Senate’s Labor, Public Employment and Retirement Committee passed the bill on Wednesday, and it now moves to the Appropriations Committee before it can reach the Senate floor. Assemblywoman Lorena González (D-San Diego), author of the bill, added business to business services to the list of exempted occupations. This can be used to escape the law by some of those who claim the legislation will put them out of business.

It is my sincere hope that NAJIT and its Board, thinking of its membership as a whole, publicly take a position of neutrality and clarify they will not support some of its members over others.

Be vocal! Professional Associations: Stand up against injustice.

June 25, 2019 § 4 Comments

Dear Colleagues:

It has been almost a month since we first learned that our colleague Shin Hye-Yong, who interpreted for the Democratic People’s Republic of Korea (North Korea) Supreme Leader Kim Jung Un at the Hanoi summit with United States President Donald Trump was apparently detained at a political prison camp charged with undermining the Leader’s authority. This has been called “a critical interpreting mistake” by some in North Korea.

It has been widely reported by reputable press publications in Asia, Europe, and the United States, that the interpreter was blamed for president Trump’s walking away from the negotiating table when apparently the North Korean leader was “ready to continue the negotiations” and uttered in Korean: “Wait! Wait!” Or something similar that his interpreter did not convey in English before the American delegation exited the room. According to the media, Kim Jung Un ordered her detained and sent to a labor camp where she is currently undergoing reeducation and reflecting on her loyalty to the supreme leader of North Korea. Of course, we all know that in the civilized world, an error, if one really was really committed, has consequences that can go from a reprimand to a demotion, or firing, but never to hard labor or incarceration.

It was also reported by South Korean newspaper Chosun IIbo and others that Kim Hyon Chol, North Korea’s special envoy to the United States for nuclear negotiations was executed immediately after the summit. Although this turned out to be false, and Kim Hyon Chol is alive, he has been demoted from his pre-summit position, apparently he spends several hours a day writing essays and reflecting on his loyalty to the supreme leader. Nothing has been reported or leaked about the situation of our colleague Shin Hye-yong or their family.

It is not clear if Kim Jung Un really said these words, and if he did, it was loud enough for the interpreter to hear them, or he spoke under his breath. It is also possible that the interpreter rendered the words in English so low that Trump did not hear them, that she interpreted after the Americans had left the room, or that Trump heard her and ignored her.

I learned of this atrocity against a fellow-interpreter, and against our profession really, while at a conference attended by many colleagues, some of them diplomatic interpreters who have worked with heads of state from many countries. I immediately thought our governments would speak up against these horrible allegations but I also understood governments need to act calmly and wait until there is more information, even when dealing with a black hole of information like North Korea. I also expected our professional associations, those who represent thousands of interpreters and translators throughout the world to raise their voice in support for Shin Hye-yong and in protest for what was done to her and to the profession at large.

I expected those who represent us to react immediately, condemning the allegations and declaring them, if true, unacceptable. The International Association of Professional Translators and Interpreters (IAPTI) proving once again it truly stands shoulder to shoulder with all interpreters and translators, issued a letter condemning the allegations right away. The International Association of Conference Interpreters (AIIC) mentioned the incident on social media, and several colleagues, individually, have shared their total rejection to what happened in North Korea. Most associations, including the bigger, wealthier organizations with the most members have timidly remained silent. Some of them have reacted like news agencies and have called to corroboration before issuing any statement, even when practically all major publications in the world already talked about this. Others, have argued it is better to remain quiet for now out of fear that a communication condemning these actions against Shin Hye-yong could make her situation worse.

I guess these groups think a protest from a translators and interpreters association will motivate a ruthless dictator to punish an individual more harshly than everything already published by the likes of The Guardian, New York Times, Washington Post, Asahi Shinbun, Chicago Tribune, etc.; like Kim Jung Un keeps an eye on our opinions.

These professional associations completely missed the point: a letter from a professional association will not sway a dictator more than public opinion or world-reputable newspapers; the letters are for us. The purpose of issuing a formal protest by any of them is to show their members, and the profession at large, that in times of crisis, darkness, fear and despair, they are with us, they feel our pain, they have our back. It is for us, thousands of interpreters and translators to feel the associations are protecting the profession, to the point of not accepting anything that hurts what we do, even if they are just allegations. Kim Jung Un will never read these letters nor learn of their contents, but Shin Hye-yong, and her family, might. Perhaps she will hear about the letter from IAPTI in that horrible place where she is being held. Knowing her fellow interpreters throughout the world are aware of what happened to her, they are saddened and they are showing their disapproval will make her feel less alone, hopeless, and isolated where she is.

This was a hot topic for discussion and rage among all of us at the conference; opinions against the North Korean regime’s decision to incarcerate the interpreter, and concern for the recent and constant attacks on the diplomatic interpreting profession were voiced everywhere. There was a comment that stayed with me. I asked a top-level interpreter who works with presidents and other world leaders if she thought interpreter and translator professional associations should speak up and condemn the actions of the North Korean government against the interpreter, even if they had not been confirmed. Her answer was: “What would you want your peers to do if you were in her shoes?” I answered without hesitation: “I would want my colleagues and my professional associations to raise their voice in support of the profession and to defend me”. She told me she would want the same if this happened to her. Next, I asked the same question to as many colleagues as I could, and all of them told me the same. Nobody told me they wanted for the interpreting world to wait for a corroborating source. There was not a single interpreter who bought the argument that speaking up would make things worse for her.

Dear colleagues, our profession, especially diplomatic interpreting, is under attack in many places, from the United States Congress politically motivated posturing demanding interpreter’s notes and threatening a subpoena, to the president of Mexico using his secretary of foreign affairs as interpreter instead of a professional, to the disaster in North Korea.

This is not the first incident involving a North Korean interpreters: It is not clear why Kim Jung Un replaced the experienced interpreter who accompanied him to the first Trump meeting in Singapore with our now ill-fated colleague Sin Hye-yong; we saw the fear in an interpreter’s eyes when in front of the TV cameras Kim Jung Un dropped something and the interpreter took a professional athlete’s dive to catch it before it hit the ground; and we all saw the embarrassing incident with the Vietnamese interpreter who dashed from the helicopter down the red carpet to get to the dictator before he uttered a word to the Vietnamese officials welcoming him to Hanoi.

Professional associations do not need to wait for corroborating sources to protest such serious allegations. They can protest the allegation and condemn it if “it turns out to be true”. Professional associations need to speak up; it is not their job to keep dictators happy, their job is to protect their members and the profession. Last century, world leaders sat on their hands as Hitler invaded Poland, they did not want to upset him, and we all know what happened. Professional Associations are always bragging about “everything they offer” to their members. It is time they offer them solidarity and support. I now invite you to share your opinion on this extremely important issue.

We must protect the interpreter, not the middleman.

June 12, 2019 § 11 Comments

Dear Colleagues:

Think of a colleague, anywhere in the United States, who is battling a devastating illness and cannot get the treatment she needs because she has no health insurance, and medical expenses are so high she cannot cover them. I am sure you know an interpreter who has tried to get a job because he is worried about retirement years from now, but cannot get one because nobody is hiring. Language service providers want independent contractors because they have no legal obligation to provide employment benefits: health insurance, retirement plan, paid holidays and vacation, maternity leave, worker’s compensation insurance. If you prefer, look very carefully at your interpreter colleagues who have a sick parent, a disabled child, or another powerful reason to stay where they now live, and for that reason, they have to interpret for the agencies in town (local and multinational) and they do it in silence because they are afraid of losing these assignments, even when they are poorly paid, and they have to endure terrible, and sometimes humiliating working conditions.

Of course, you can always look at your own practice; I invite you to do so and honestly answer these questions: Do you enjoy having to check in and out with the agency every time you do an assignment? do you feel comfortable asking the person you just interpreted for to write down the hours you interpreted and to sign the form so you get paid by the agency? Do you find amusing having to spend hours on the phone and writing emails so you can get paid for a last-minute canceled assignment the agency does not want to pay? Maybe some of you like staying at the venue after interpreting is over because the agency makes you stay for the full time they retained you, even though all your work is done. Perhaps your definition of professional services includes cleaning up files or making photocopies until your time is up. Do you like it when the agency prints you business cards under their name and forces you to give them to the client? Do you like dodging all clients’ interpreting services questions by referring them to the agency every time? How about micromanaging your time on the assignment?

I doubt you enjoy any of these things, but even if you do, please understand that these intermediaries are taking advantage of you. They are forcing you to perform as an employee without paying you any benefits. Agencies distract you by telling you what a wonderful lifestyle you have, how flexible your schedule is, and everything thanks to them, your benefactors who find you work while you do not even lift a finger.

This is what the California State Legislature is trying to stop by forcing those employers who treat their “independent contractors” as employees to provide all benefits and protections people who do what these interpreters do for the agencies are legally entitled to. Think like an interpreter, stand up for your colleagues and the profession. Do not buy the arguments agencies are propagating. They do not see this legislation from the interpreters’ perspective. They see it from their business perspective.

For a long time, agencies have enjoyed this cozy business model that lets them charge their client for your service, pay you a part of it, and get you to do anything they want without incurring in any human resource expenses. It is a win-win situation for them. It is an abusive scheme for the interpreter.

Big multinational agencies are campaigning hard to defeat these legal protections not because they will “destroy the industry” as they put it, but because they will lose their golden egg goose. There will be no more freebies. They come at you with their lobbyists and make you believe they are on your side, they portray themselves as your savior and use scare tactics to make you think there will be no work for you if they are forced to lower their profits by living up to their legal and moral obligations to the interpreters.

Freelancing is not going to end after the bill becomes the law of the land in California or anywhere else. I am a freelance interpreter and I am not afraid. I do not work with these agencies, big or small, who now claim they are on a quest to save us all. New legislation or status quo will not impact my practice, and it will not impact that of most colleagues I work on a daily basis; however, leaving things as they are, giving back these agencies a position of power over the interpreters who work for them, will keep our less fortunate colleagues in the same deplorable conditions they have been working for all these years. This is a decisive moment. Multinational agencies and their lobby know it. They will fight the State of California with everything they have because they know the Golden State is a place where they can be unmasked and lose their privileges. Interpreters have organized labor backing their efforts because there are unions and guilds in California. Other States do not have them. The middleman knows that California is a decisive battlefield and they are spending money and sending their PR people to “convince” interpreters that defeating this legislation is best.

They argue they will not be able to hire interpreters because it would be too expensive. That many agencies will not survive and interpreters will lose a source of work. That is the point. The bill will only be successful when this serf-owner business model is erased. Will interpreters be more expensive because of the labor benefits? Yes. Interpreters deserve these protections. Agencies will either close or adjust their business models to comply with the legislation. Will agencies hire less interpreters? Of course, but the need for interpreters will not go away. There will be many more interpreters hired directly by clients. Is this going to hurt small agencies? It should. Small agencies should not exist in this business model because the essential condition for their survival is the denial of workers’ rights under the law.

Complaints that the legislation has exempted other professions like physicians and attorneys, but not interpreters are nonsense. Doctors and lawyers are well-established professions. Nobody would ever think of calling a “medical agency” and ask for a brain surgeon for tomorrow at 8:00am. If we want to be treated like these professions, we need to look like them. First step: get rid of the middleman. I know, some will say: “but…hairdressers are excluded and they are not a profession like doctors and lawyers” That is true and it is wrong. They should be covered by the legislation. The difference is: They got a better lobbyist and got their sorry exception in detriment of the people providing beauty services.

What about the argument that smaller agencies will not be able to stay in business because they will not afford it? In my opinion, these so-called agencies are not really agencies; most of them are a solo operation where somebody with connections acts as a referral service. I find this dangerous because these “agencies” just want a warm body with the right language combination for the assignment. I do not get the impression that messages on social media that read: “need French interpreter tomorrow at 2 pm” project exemplary quality control. Moreover, these people are not an agency, they should think and act like professionals and do what I do, and many of my colleagues do (all doctors and layers do the same thing): When your client asks for interpreters in a language combination different from mine, I just suggest a list of trusted experienced professional friends I am willing to vouch for, and let my client decide who he will retain and for what fee. I do not get involved, I do not get referral fees.

Finally, to the argument the ABC test is impossible to overcome: This is false. It can easily be overcome by a real independent contractor relationship. That is the point. If any agency could disguise a de-facto employee as an independent contractor the law would be pointless.

I understand what multinational agencies, their lobbyists, small agencies, and those solo practitioners who call themselves an agency without actually being one are doing. They are defending their very lucrative status quo. They have a right to fight for it and save their “industry”. As always, my concern are the interpreters and the profession, and from this perspective, I see the new California legislation as a step forward to our professionalization because, on top of protecting our colleagues in need, it will weaken the agency model, a necessary condition to become a true profession worthy of a place in the pantheon of professions. This is the time to listen to our colleagues and defend our profession, not the middleman interests.

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