Interpreters: Your clients, and your clients’ clients.

June 4, 2018 § 7 Comments

Dear colleagues:

I get goosebumps every time I hear freelance interpreters talk about their “boss”. I am constantly surprised at the huge number of independent contractor colleagues who refer to the authorities at the agencies, hospitals and courthouses they provide interpreter services for as their bosses.

This is an abomination when used to describe the other party to a professional services contractual relationship, now exacerbated by the very dangerous ruling by the United States National Labor Relations Board (NLRB) in SOSi where it ordered this interpreting agency to reclassify its interpreters working as independent contractors as employees. SOSi is appealing the decision, and we will discuss it in depth on a future post.

Our concern today is the conscious or subconscious lack of understanding of the professional services relationship derived from a contract where an independent interpreter is the service provider.

Freelance interpreters are independent professionals who provide their services for a fee. The terms of such services and fees are agreed upon by the interpreter providing the service and the individual or corporation recipient of the interpreting services in a contract. The parties to this contract are: The professional (who provides the interpretation, in other words, the interpreter) and the recipient of the professional service, called the client.

Yes, dear friends and colleagues, as freelance professional interpreters we provide our services to a counterpart called the client. Our main contractual duty is to render the interpreting services as agreed with the client, and the client’s main obligation is to pay the agreed fee in exchange for those services. The contract is called: Professional services contract.

Freelance interpreters are independent professionals free to choose the clients they want, under the terms they see fit, and for the service they picked. There is no authority figure over the freelance interpreter. All duties, responsibilities and obligations are contained in a voluntary contract (oral or written), a professional code of ethics, and the legislation governing the profession in a particular jurisdiction.  Client and interpreter are equals. There is no boss.

Bosses exist in labor relations where a part: the employee, is in a subordinate position to the other: the employer or boss, who gives directions, orders, and instructions to the subordinate who must comply with these commands during working hours, in exchange for a fixed wage. Employer and employee are not equals in this relationship. An employee cannot choose what she does. If she does not comply she will be sanctioned and even fired.

Webster states that: a client is “… a person who engages the professional advice or services of another…” Oxford tells us that a client is “…a person or organization using the services of a lawyer or other professional person or company…”

Interpreting is a profession. Interpreters perform a professional service. Interpreters, like all professional service providers, have clients.

Here we see then that we must not call a client a boss because it is inaccurate, and it immediately puts the interpreter at a disadvantage. Calling your client “boss” creates a subservient relationship in your mind that will quickly translate into an attitude and lifestyle. It paralyzes the interpreter as she or he will no longer feel capable or worthy of arguing work conditions, professional fees, or assignments.

For those of you who see judges, doctors, court and hospital administrators, and language service agencies: Eliminate that thought. It is wrong. They are your clients, and you can negotiate and refuse assignments when you consider it appropriate.  Your duties and responsibilities to do a professional top-notch job come from the contract, the legislation, and from your professionalism. You do a good job because you are a professional who wants to provide a good service because you want to keep the client, or you just want to do the right thing. You don’t do it because you have somebody breathing on your neck looking over your shoulder micromanaging everything you do. You do not need someone telling you how to dress for an assignment, or reminding you to get there on time. However, as long as you see the client as your boss, they will act as your employer.

Professional interpreters have clients and charge professional fees. They do not charge rates. A commercial product vendor or a non-professional service supplier do not have clients. They have customers. A customer buys goods or non-professional services from a business. Webster defines them as: “…one that purchases a commodity or service…” Oxford gives more details when it tells us that a customer is “…a person who buys goods or services from a shop or business…” Unlike professionals, these merchants get a rate or a price in exchange for the goods or non-professional services purchased.

Physicians and dentists are professional service providers, so they technically have clients, but for historical reasons, and due to the nature of their services, these service recipients are called patients. According to the American Medical Association’s Code of Ethics (AMA), physicians must be “…dedicated to providing competent medical care, with compassion and respect for human dignity and right.” It also considers that people with an illness must wait to see a doctor or to be treated, and that requires patience. Webster indicates that a patient is “…an individual awaiting or under medical care and treatment…”  To Oxford it is “…a person receiving or registered to receive medical treatment…”

I have observed how many freelance interpreters have a hard time separating their client from others who may participate in the process like vendors and providers. The convention center or hotel events center are not the interpreter clients, they are vendors who provided the facility so there can be a conference. Unless the interpreter hired them directly, they have no contractual relation with the interpreter. They are the interpreters’ clients’ problem. The same can be said for the technical support: booths, interpreting equipment, sound system, etc. Unless they were hired directly by the interpreters, these are also suppliers who have a contract with the interpreters’ client, not with the interpreters. They are not your problem either.

Another common mistake is to confuse the direct beneficiary of the interpretation with the interpreter’s client. Usually, they are not your client. The five hundred people in the auditorium listening to your rendition are the direct beneficiaries of your professional rendition. Without you they could not attend the event; however, they are not your clients. They are your client’s clients. As professionals we must accommodate all reasonable requests by the audience and the speakers, but they are not the ones paying your fee. They are paying your client because they are your client’s clients. For this reason if a person in the auditorium asks you to speak louder, you may consider the request, and even honor it when reasonable; but if somebody attending the conference asks you to take a recorder to the booth and record the rendition for him, you will decline, and direct him to your client (please read my blog post on what to do in this situation).

Dear friends and colleagues, as professional interpreters who provide our services as freelancers we have many clients we choose. We decide who we want as our client, and who we do not. We have the last word on whether we do an assignment, and when a professional relationship with a client must end. We set and negotiate the terms of our work, our pay, and out booth mates.  Employees do not get to do this because they have a boss: the employer. We do not. We practice in a world where we are equals with our counterparts in a professional contractual relationship. We do a magnificent job, we accommodate all reasonable requests of our clients’ clients, and we cooperate and support other providers and suppliers such as facility workers and technical support staff, but we do it because we are professionals and we have made a business decision to keep the client we want to keep, not because we are told to do so. Please stop referring to your client as your “boss”, and the next time a project manager tells you what to wear to an assignment, to be on time; or the next time a hotel waiter tells you not to have a cup of coffee, please stand up for your dignity and that of the profession. I now invite you to share your thoughts on this issue.

In tough times: Raise your fees!

May 14, 2018 § 6 Comments

Dear colleagues:

Globalization has created a world market where we all compete, regardless of our location. Although this has raised professional fees for some colleagues in places with small economies, it has hurt most interpreters to a different degree, depending on whether they stuck to their local economy and clients, or they went to the international market and taking advantage of new technology acquired clients they would have never even considered before globalization. In a market like the United States, with very high speed internet, thousands of airports and flights to every corner of the planet, and a very reliable infrastructure, many of us felt no downturn in our business; in fact, we benefited from the change.

Unfortunately, and without getting into politics, some recent U.S. government decisions, and later changes to the way we did business and conducted our international relations, have created a state of uncertainty, and sometimes resentment, which have affected our profession.

Some of the conferences and international events we had interpreted for many years have been cancelled; others have been moved to other countries due to the uncertainty on the admission of visitors to the United States, as the organizers avoided the risk of investing on a project that a significant segment of attendees could not attend because of their country of origin. For the same reason, many international programs at universities, non-for-profit organizations, and government agencies have been considerably downsized or postponed. The situation for community interpreters is not any better, because less foreigners in the country means less litigation and less foreign investment, which impacts court and legal interpreters; and when foreigners visit the United States less frequently, they use hospital and medical services at a lower rate. This hurts healthcare interpreters.

Faced with this reality, it was time for me to decide how I was to continue to enjoy the same income level despite the new reality we are living; and turn this poison into medicine and even generate more income than before.

Many freelancers get scared when they find themselves in this position, and their first impulse is to lower their fees to keep the clients they have, and to advertise their services at a lower fee than before. They operate under the false idea that money is the main motivator in a client decision making process.

Fortunately, my professional experience has showed me that quality trumps price in everything a client values. That is why people spend more money on a better doctor, a safer airline, and a renowned university. All have cheaper alternatives, but with the things people value the most, there is always a thought that crosses their mind: “It is more expensive but, if not for this, what is money for?” At that point I decided to raise my professional fees.

With this in mind, I carefully studied my client portfolio and classified my clients according to their business value, considering the income they produce me, how frequently they require of my services, the affinity of the type of work I do for them to my personal interests, and the prestige a certain client brings to you in the professional world. I considered a separate category for difficult clients, but to my surprise these were very few, and I needed them for my plan to work.

I immediately realized there were clients on that list I wanted to keep no matter what, and there were others that I would lose regardless of my best efforts. They were in a category where my work was not one of those services that they value the most.

I approached my clients according to how badly I wanted to keep them. If I really wanted them, I would explain this change in person when possible, or by phone or Skype if they were abroad or if their schedule could not fit me within a reasonable period of time. Next, I decided to contact the rest by e-mail on a carefully worded communication that was clear, not too long, and that ended with an open invitation to discuss this raise in more depth in person or by phone if they wanted to do so.

It would be a conciliatory email. No ultimatums, or “take it, or leave it” type of notice. I was out to make friends, not to fight with my clients. I knew that I had two things working in my favor: They already knew my work, and I already knew how they like their interpreting.

For my strategy to succeed, I needed to present my proposal to somebody with the authority to decide. Talking to somebody down the totem pole would be a waste of my time. I decided that I would only talk or write to owners of small companies or agencies, and to senior management in larger corporations, organizations, and government agencies. (There is a video on this subject on my YouTube Channel).

I drafted a talking points memo to be used with my “A” list clients when I told them I was raising my fees. The points I would make to the client had nothing to do with globalization, current American politics, or the uncertain future interpreters were facing in the United States. I recapped the successes we had in the past, and I listed some of the professional things I do for them that are not always found in other interpreting services, but I was not heavy about it. I figured that if they had agreed to talk in person or by phone, it was because they already considered me an asset to their company. It was all about the quality of my professional service and the time and effort I would devote to the success of their conferences, projects, and other events.

I lost some clients, none from the “A” list, all those who stayed with me are now happily paying the new higher fees as they are now getting a more personalized service, and because of this new practice, I have acquired new clients, who were in part, referred by my old clients who stayed with me despite the raise. We now have a better working relationship because they know more about what I do, and their internal decision making process to continue working with me made them realize my true value for their organization.

The lesson learned, dear friends and colleagues, is to face adversity with a cool mind, refuse to give in to fears and peer pressure, and with confidence and self-assurance face the problem and win. It is always better to make more money when appreciated, and an added benefit is that instead of contributing to an even bigger depression of our market, you will do your part to pull it out of the shadows of uncertainty. I now invite you to share with the rest of us what you are doing to win as a professional interpreter in this new reality of globalization and political uncertainty.

2017: The biggest stain in U.S. court interpreting history.

May 7, 2018 § 29 Comments

Dear colleagues:

In the United States we have recently spent many hours debating and researching about the validity and credibility of interpreter certifications in the healthcare sector. We have argued back and forth about accreditation, certification, and professional practice because we care about the profession. The debate left us all with a better understanding of our certification programs and the validity of both.

For many years the gold-standard of interpreter certifications in the United States was undoubtedly the federal court Spanish interpreter certification exam. It was known for its difficulty and low passing rate when compared to all other court and healthcare interpreter certification tests. During all those years we never thought that one day we would be forced to question this “queen of all American court interpreter exams”. Fortunately, we are not doubting the content of the exam. This has not changed. The unfortunate people who took the exam in 2017 was administered the same exam all federally certified Spanish court interpreters had to pass. The administration of the test, and handling its consequences after the fact was the fiasco.

Dear friends and colleagues, certification exams are of extraordinary importance in the United States; they are more relevant in our culture and value system than in other countries. While other systems put their credibility on the academic achievements of the new professional, traditionally, the United States has emphasized practice over theory and formal education. Some of our greatest lawyers never attended Law School, because in the United States it is passing the Attorney Bar Exam that matters. There are plenty of countries where people cannot practice a profession, or sit for a Bar or Board exam unless they first graduate from college.

This situation is even more important for professional interpreters practicing in the United States where most of our colleagues have no formal education, but they have demonstrated, by passing the certification test, that they are ready to practice as professionals. In Europe a university degree is essential; in America a certification is vital.

From all certifications, the federal court interpreter certification has been used to measure the competency level and skills of court interpreters in the United States. It is even used (erroneously in my opinion) by small and mid-size interpreting agencies to pick the interpreters they will hire to work in the booth.

We are all aware of the Administrative Office of the United States Courts’ historical failure in 2017 when they could not guarantee the integrity of the process and created a huge mess that impacts many.

After a deafening silence that went on for many long months, and the letter sent out in February which make the situation even worse, the Administrative Office of the United States Courts’ (AOUSC) sent out a carefully crafted, self-serving letter to those who took the exam in 2017 where they try to appease the interpreters by carefully telling a story on the best possible light for the AOUSC and informing them that, after all these months, they are fair and just, and will give those candidates whose exams were compromised to where no score could be determined, and to those who will be told they failed, a chance to retake the exam for free.

I was saddened by the reaction of some, fortunately a minority, of colleagues who celebrated this communication and praised the AOUSC as had they done something wonderful and worthy of recognition. I do not know how many of you have seen last week’s letter. I did, and I am not impressed:

The first paragraph of the April 27 letter refers to the mistakes on the way the exam was administered as “irregularities” softening the tone and making it more palatable. Then, they portray themselves as the ones who investigated for months what happened to finally conclude there were “irregularities”.

Next, the letter states: “…Over the past several months, the AO has worked with a team of trained raters who reviewed all candidate performances and psychometricians who analyzed the rater materials and examination administration data…” but it does not explain who those “trained raters” and “psychometricians “were. I am not doubting their credentials, and I am not feeling confident with their review of this mess because I just do not know who they were. Are we talking about the same colleagues who rated the exams originally, and if so, how many, who, what additional training they had to take to assess these incomplete exams? Were there independent contractors free to disagree with the findings of the AO, or were these staff interpreters who could be very capable, but could also have a conflict of interest when evaluating something that could affect the reputation and legitimacy of their employer. The letter says nothing about it. It looks like a letter prepared by a legal team, not a friendly communication to a professional group that has suffered the consequences of this poorly-run program for many months.

The self-serving tone of the letter continues when they affirm that based on their (mysteriously obtained) findings, 69 percent of the exams were validly administered and accurately scored (we still do not know how they arrived to the conclusion), and 31 percent suffered “irregularities”. My friends, 69 percent is an awful record. This clearly proves the ineptitude within the AO.

The next paragraph shows us the magnanimous nature of the AO: “…Candidates whose scores cannot be validly determined will be given the opportunity to re-take the oral examination free of charge. Moreover, given the findings of the investigation, the AO will also offer anyone who does not receive a passing score the opportunity to retake the oral examination free of charge…” This clearly tells us that the exam was a terrible mess and basically anybody who wants it, will have a second chance, this time without paying for the test, which is not the same as free of charge as we will discuss below. Do we have to believe that it took all these months to arrive to this decision? This should have been announced right after the multiple mistakes were known, not until now, unless there were other legal considerations we are not been told about, like litigation with Paradigm for example.

The letter ends with a blank apology and a reassurance they will preserve the high standards and fairness of the administration of the exam. Did I miss something? There is no admission of wrongdoing anywhere (typical in all letters prepared by a legal department) and there is a self-serving assurance that everything will be fine because they will preserve high standards and fairness. I would think that when your credibility is already in negative numbers (below zero) you would make a statement you will bring back the high standards and fair administration process that distinguished the exam. Right now nothing is good to preserve. Of course, they cannot say anything like this without admitting fault.

Finally, the 8-page attachment is a pseudo-scientific document with no details that plays down the mistakes that can be directly attributed to the AO, and basically throws Paradigm under the bus. Again, there is talk of irregularities, but there is no data on the scoring units, the specific criteria used to assess the exams, or anything that can reassure us this was a scientific work.

It is incredible how the letter and its attachment avoid naming Paradigm and stay away from words such as fault, responsibility, and negligence. This is because those are legal terms and the AO is getting ready for litigation.

Even though the AO has shared nothing on their relationship with Paradigm, there are strong rumors in social media and federal courthouses’ hallways that the relationship has been terminated. This would explain the delay on the “findings” contained on the April 27 letter, as the federal judiciary gets ready to sue their contractor and Paradigm fights for payment of their fees and other contractual terms.

The 2017 federal court interpreter examination saga leaves the federal judiciary stained, the profession wounded, and court interpreters in the worst situation they have faced in history. Unfortunately, there are others who are affected even more and will not benefit from the “Magnanimous letter of April 27”. We can divide them in three categories:

First, those colleagues who studied hard and will get a letter telling them they passed the test. These individuals have been agonizing for 7 months without knowing if they would have to retest. Many have continued to study for the test. All have been deprived from their earnings as federally certified court interpreters for months. They will never get back these months of their lives, and they will never perceive the professional fees they should have earned as federally certified court interpreters working for court districts, assistant US attorney’s offices, public defender’s offices, and private attorneys that retain federally certified court interpreters for many services from jail visits, to depositions, to witness preparation, to federal civil litigation.  They will never earn that income because of a government agency’s ineptitude and a bottom-feeder contractor’s gross negligence.

The second group includes those interpreters who took the test, and for no fault of their own, will now get the “magnanimous” opportunity to retest “free of charge”.  The problem is, my friends and colleagues, there is not such a thing as a “free exam”. The “luckiest” of this crowd will be able to retake the test in their hometown without paying for it, but they must turn down other assignments to take the test. This means they will lose income and that makes the exam far from “free of charge”. Next, you have the unfortunate unlucky ones whose sin was to leave in a town where the exam will not be offered. We all know colleagues who drove overnight, got on a plane, got a passport and then got on a plane, and then checked into a hotel to take the test. Nobody will reimburse them for those expenses, and many must cough up the money once again if they want to take the exam. Even if they AO expands the locations where the test will be administered, it is doubtful this will include those of our colleagues who traveled from abroad to take the test. Plane tickets, hotel rooms, car rentals, gas money, tolls, and lost income will make the retake of the exam a burden to these colleagues. To them, this will not be a “free of charge” exam.

The last group, often forgotten during this fiasco of epic proportions, are the freelance federally certified court interpreters retained by Paradigm, with the blessing of the AO, to rate the original exams. These distinguished colleagues put first the profession and agreed to rate the exams, even if the pay is little for such hard work, they were asked to purchase their plane tickets, book their hotel rooms, and cover their daily expenses while this rating was happening, with the promise of reimbursement when their raters’ fee was paid. It is only now that some of the raters are getting paid; others have not seen a penny yet; and nobody has been reimbursed for travel expenses disbursed 7 or 8 months ago.

Last week, Paradigm sent a letter to the raters explaining why some had not yet been paid, arguing some bureaucratic step that the raters needed to comply with: Sending an email to the individual in charge of this fiasco at Paradigm informing him of this payment.

Regarding reimbursement of expenses, this letter, dated May 4 states: “…Payment for travel and hotel expenses will be released after Paradigm receives verification of your receipt of payment for Rater hours. Meals and incidental expenses will follow…”  They are telling raters that they are not sending their checks quite yet.

Next, the letter includes a self-serving statement that should worry the raters: “…Paradigm is working to get Raters paid in-full within the next few weeks. This is contingent upon Raters providing confirmation of receipt of payments received and the AOC continuing to approve the invoiced items for payment…”

In other words, there is no hard date for these payments, and reimbursement is contingent to AOC’s approval. This would make me very nervous if there is litigation pending between the AO and Paradigm.

As you can see, the “magnanimous letter” is far from a happy ending to this fiasco. The future is uncertain. Nobody knows if the AO will ever share the real data behind what happened and a detailed scientific explanation of the exam assessment process, including those who did it.

The biggest problem and reason to be concerned is the lack of transparency. Interpreters must know who retained Paradigm to administer the test. How was the bidding process; who were the other bidders, how low was the winning bid; who decided in the AO that Paradigm was qualified to administer an exam like the federal court interpreter certification test for Spanish interpreters? Why the credentials of a testing entity like Paradigm, which mainly proctors high school tests to monolingual students were appropriate for this bilingual professional test? There was ineptitude and negligence during this decision making process, and there was gross incompetence when dealing with the aftermath.

Those responsible should pay the consequences. Only then trust will be restored and people will believe the AO once again. In sports, when a team is not performing the coach is fired.

It is doubtful that the AO will come clean and provide all these records to the public. They have no legal obligation to disclose everything, but their moral duty compels them to do so. Without good faith, trust will continue to erode, and interpreters will be left with fewer and more distasteful options such as a Freedom of Information Act Request (FOIA) to see how the process happened; even though the process would be lengthy and the information released will be tittle more than the documents they already published. Those with standing can also sue the AO, but they must do it quickly, since the Federal Tort Act gives only 2 years to do so, and the process must start through an administrative channel. Also, the result of this legal action, even if successful, is limited by legislation and case law.

Perhaps a better option would be to sue Paradigm, its employees, and the AO’s officers as individuals (which is permitted) for damages under the contributory negligence by all defendants’ theory. This way, interpreters would learn more about the steps that lead to this fiasco from the discovery that the parties would have to turn over to the plaintiff. Also, damages awarded can include punitive damages.

I could not end this post without mentioning how the candidates who took the test, the raters who have not been paid, and the court interpreter profession were abandoned by their professional organizations during this struggle. It is sad to see how the current Board of the National Association of Judiciary Interpreters and Translators (NAJIT) abandoned its members by sitting on their hands and remain silent. It was until May 2, after the “Magnanimous letter” was made public, that the Board issued a self-serving harmless statement indicating that they were “…very much aware of the issue surrounding the federal exam…” and how they “are continuing to monitor the events as they unfold in June…” In other words, the national association with the most members directly affected, issues a communication after the fact even more sanitized than the AO’s. The latter called the fiasco “irregularities”; NAJIT could not even say that and called it an “issue”. Without any investigation, they have concluded that in their “opinion” “the AO is acting in good faith in what is an unfortunate set of circumstances”.  Again, this Board sided with the establishment instead of the profession and its own members. Nobody has suggested bad faith from anyone at the AO; the issue (correctly used in this context) is negligence. NAJIT is also telling those attending its annual conference that the AO will address court interpreters but not for a session “…geared toward the federal oral exam and its administration…” They want the AO there, but they will not pursue the federal exam fiasco as the topic to be discussed. That should not be because it could be uncomfortable to the AO, but because it will probably benefit the members more to talk about how many cases were interpreted last year, an interpreter directory, or other vital issues no doubt more important than the biggest stain in court interpreting history. We can only vote and hope to elect a NAJIT Board that will write position papers, hold round tables on the most pressing issues that impact the profession, as it had been the tradition before. It was just 2 years ago, under another Board, that we held a panel on immigration court interpreting that helped to change things to a better situation today. NAJIT is not a labor union and we do not expect it to act like one. We hope it goes back to its role representing the professional interests of its membership while defending the integrity of the profession.

It is time for all court interpreters to think and question those things that go wrong to change them. Treating interpreters as ignorant people, who should be grateful to the AO for letting everyone retest after 7 months of agony following a test that will go down in history as a monument to ineptitude and negligence, with no transparency and accountability is just unacceptable. I now invite you to comment, in the understanding that comments defending the AO or Paradigm will not be posted unless they come from an official source.

What is going on with the federal court interpreter certification test results?

February 20, 2018 § 61 Comments

Dear Colleagues,

The federal court interpreter certification is the highest credential a Spanish court interpreter can have in the United States.  Unfortunately, the exam is not available in other languages, but it has historically separated good court interpreters from mediocrity in the legal arena. Fortunately, the exam has been difficult and very demanding through the years, and the result has been a group of better prepared court interpreters who demonstrated they have the minimum knowledge and skill needed in a courtroom. A test this difficult will always have its detractors and there have been plenty of these disgruntled individuals who attribute their failure to pass the test to everything under the sun but their own lack of skills. This is acceptable, and it reinforces that the content of the exam is the right one.

Unfortunately, recent changes, not to the exam contents, but to the way it is administered and graded, have put into question the reliability of the results.

It started a few years ago when, undoubtedly for budgetary reasons, it was decided to reduce the number of exam graders from three to two. It is hard to understand why any deliberating group would ever go from an odd number of decision-makers to an even number, but that happened. Please notice I am not bringing up an earlier change on the administration of the exam when in-person examiners were substituted by a recording device because I believe that change was positive because all candidates listened to the same recordings, and it allow graders to rewind and listen an utterance as many times as needed. This change resulted in a fair exam.

The biggest irregularities happened last September when the exam was administered for the first time by Paradigm Testing, who presumably outbid the former test administrator. While this newcomer to the court interpreter testing arena brought changes and innovations designed to save money, it also imposed an undue burden on the examination candidates. We have all heard many complaints about practice/training exams arriving late, poorly given instructions on operating the testing equipment, proctors staying outside of the exam room making it impossible for candidates to ask questions or report problems on a time-sensitive examination. We all know about the faulty internet connections that took away precious time needed to complete the test; and we all know stories about the infamous click button during the consecutive rendition where examinees had to click a button twice in a small pop-up window for each utterance, and then quickly pick up the pen or pencil and sort papers to get ready for the next utterance. Even the ergonomics was a big concern since the candidates were forced to keep their writing materials to the side because the laptop was directly in front, sometimes taking over most of the space on the table. I always believe that proctors were not just there to police the examinee, but also to facilitate the process.

No doubt these irregularities resulted in some questionable test results for some, perhaps many, of the candidates. I wonder if this is the reason the results of a test taken in September have not been disclosed yet. The Federal Court Interpreter Certification Examination for Spanish/English Examinee Handbook states: “…C. Score Reporting Procedures and Timelines… Oral Examination: Scores will be available approximately three months after the administration of the oral examination, and will be sent to the e-mail address provided during registration. The Director of the AO will confer certification on candidates who pass the oral examination, usually within four months following the examination…” (Federal Court Interpreter Certification Examination for Spanish/English Examinee Handbook, updated June 1, 2017. Page 4)

Two very important deadlines were missed by Paradigm Testing: Results must be in the candidate’s e-mail box in approximately three months! The exam was in September 2017. It has been over five months. The Administrative Office of the United States Courts had to issue proof of certification to those who passed the test four months after the exam! The AO is in default also. This is very troubling as we all know that the exams were graded last year.

The grading of the exam is another issue that should concern us all. First the reduction from three to two graders, and now a tendency to bring in as graders more staff interpreters than freelancers. This is a matter to be considered as well.  Staff court interpreters are federally certified, and the ones invited to grade the test are very capable professionals. However, they bring to the table certain perspective and limited experience in many areas of the law when compared to freelancers. Most staff interpreters do a magnificent job interpreting those issues that involve federal legislation. Freelancers contribute a broader knowledge and a different perspective. Does this matter? Are they going to test the examinee on non-federal matters? Of course not, but unlike the staff interpreter, the freelancer may tell if a candidate did not know the subject, or just made the mistake of treating it like a local matter. The real issue is, freelancers are more expensive because they must be paid; staffers are getting the same paycheck they would get anyway. Reality shows that many interpreters are not finding grading the exam attractive anymore because they get paid little for the amount of work.

I hope that last September test results are published soon, and they better be free of controversy for the sake of those who took the exam, and for the future of the once very reliable federal certification program. I now invite you to share your stories and thoughts on this very serious matter.

When court interpreting is done right.

January 15, 2018 § 4 Comments

Dear Colleagues:

Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are  only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve;  and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.

There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.

Cubi (editor) Me, Carreon, Maya

During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.

For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.

These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).

Judge Hernandez

During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.

It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri.  Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.

At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.

Judge Abdo

A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.

There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted.  There are many things to do, but an environment fosters the achievement of those goals.

I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).

Remote interpreting. The way it should be.

November 9, 2017 § 5 Comments

Dear Colleagues:

We live in an environment where everybody is finally acknowledging the technological and economic changes that have disrupted the world of professional interpreting. About half of our colleagues are singing the praises of the innovations while the other half are opposing them. The truth is: Nobody is right and no one is wrong. Many of those who jumped on the bandwagon of video and audio remote interpreting did it with ulterior motives with nothing to do with the quality of the interpreters and therefore with their remuneration as professionals. Their concern was to get there first, and to do it quickly to make a lot of money with little consideration of the side effects of their actions. These call themselves the “industry”: Multinational agencies who sell interpreting services as a used car salesman sells you a lemon, and individuals who rushed to position themselves as intermediaries between these agencies, stingy uneducated end-users, and that group of paraprofessionals who are glad to work as “interpreters” for a handful of crumbs.

You have many capable, seasoned interpreters who refuse to work remotely because of their lack of knowledge about the technology and fearing performing below their well-known widely recognized professional level, not because they cannot interpret, but because they may have a hard time learning how to use the equipment, and even to do the simple things now required in the booth, like typing and searching the web.

There are many others who refuse to work remotely for a good reason: Because the quality of the equipment proposed for the event is subpar, because they are asked to provide a professional service for an insulting amount of money, or due to the deplorable working conditions offered by those who try to equate us with laborers instead of professionals.

For years, I have made my position known to those who care to hear it: I am all for technology if it is of excellent quality and the interpreters who use it are true professionals, making a professional fee and under working conditions that do not differ from those available in live in-person or on-site interpreting. Some of you have heard me praise the tremendous opportunities we have now as interpreters, and how we can now get more interesting assignments and make more money by eliminating travel days (usually paid as half of the full-day fee) and replacing them with more interpreting days where we can make our full-day fee.

Today I will share with you my experience with remote simultaneous interpretation and how this is working out fine for me.

I will be talking about conference interpreting, and what I say will probably be inapplicable to other types of interpreting because of the way multinational agencies and unscrupulous intermediaries have already polluted the environment.  At any rate, what you read here may help your efforts to demand better conditions in court and healthcare interpreting, and to refuse all work offered under such denigrating conditions.

The conference interpreting system I am working with is a cloud-based platform named Interprefy, by a company from Zurich, Switzerland. They are not an agency and they do not retain the interpreters. My business relationship is with their U.S. office: Interprefy USA in Chicago.

When I interpret with them, I physically go to their office in downtown Chicago by the Sears Tower where they have some booths/studios (more about this later) where I work with a live expert technician with me in Chicago. My booth-mate is usually sitting next to me in Chicago, but sometimes she is interpreting from another city or continent from the booth/studio of the company. A second (or third, fourth, etc.) expert technician, who also works for the company, is at the venue to coordinate and if needed fix any glitches at that end. If the interpreter is technologically very savvy, or daring, she can even work from her own home, after the equipment has been set up and tested. For this she must have at least 2 computers and a high speed internet connection.

The set up in my booth is similar to the one we have for our in situ assignments. There is a table with a computer, a very good headset, and a state-of-the-art microphone. If you prefer, you can use your own headset, just like an in-person conference. Your partner sits next to you and he also has a computer, headset and broadcast-style microphone.  Both interpreters have the same equipment. The computer on your desk lets you watch the speaker at the venue, and you can switch to another camera to see the screen on the stage of the people asking questions. There is a giant screen in front of both interpreters where we can watch the power point presentations and videos that the audience sees at the event. This is synchronized so that every time the speaker changes the slide, our screen will display the new one. If we want to see something else, or we want the volume at the podium higher, we can ask our technician at the venue and he will take care. There is a desk full of computers and other equipment behind the interpreters; this is where the main technician sits. We can talk to the main technician by turning around and speaking directly with him, or we can address him, and all other technicians by typing our questions, comments, and requests in the chatroom we all have through the platform. This is how we as interpreters can communicate with our virtual booth-mate when she is somewhere else, or to the other booths if we need something from another language, or for a relay.

The audience at the venue can listen to the interpretation by using traditional receivers and headphones, or by using their laptop, tablet, or phone, if they do so. Finally, if there is a problem with the internet connection, the service can immediately change from the cable or satellite provider, to an over-the-phone connection. This makes for a smooth service where the audience and speaker soon forget that the interpreters are thousands of miles and many time zones away from them.

Now, this is a sophisticated and at the same time, simple way to work a conference remotely; we are not talking about an Ipad on wheels, and from beginning to end, we are working under the watchful eye of expert technicians, not a jailer, court clerk, or nurse “operating” the technology.

We as interpreters can get used to this service because the quality of the product we deliver to the audience is top-notch, and because we work under the same conditions and pay as we do when physically at the conference. We get full dates and half dates, not that per-hour and even per-minute nonsense that the “industry” has imposed on court and healthcare interpreters. The company that runs the platform proudly announces that they only work with top quality conference interpreters in all languages needed. Their business model suggests that the savings are on the booths and travel expenses, not the interpreters.

This service has proven itself in big conferences with several booths from different locations, where there is no room to physically install a booth at the venue, and for less common languages in conferences where widely used languages are interpreted from a booth physically at the conference. Because of the company’s local partners, we as interpreters can easily drive downtown in most major cities and work from their location.

This is how remote interpreting must be, dear friends and colleagues. We cannot compromise quality, working conditions or remuneration just because some of the usual predators have taken over a market. I suggest you demand professional fees and conditions regardless of what type of remote interpreting you do.  Always remember: The end-user is already saving money in booth and travel expenses, do not let them fool you by convincing you that the service will not be profitable unless they pay you by the minute, and nurse Ratched is in charge with the dolly and the tablet.

Remote Simultaneous Interpreters (RSIs) cannot get a fee lower than in-person conference interpreters. Our work as RSIs is more complicated because we must know broadcast interpreting to deal with the voice latency (lag) that could be as much as 5 to 10 milliseconds, and to have extreme concentration and deep knowledge of the subject if gaps or blackouts keep us from hearing a syllable or even a word. Not all conference interpreters can sound seamless under these conditions. This is one reason why the RSI booth looks a little like a broadcast studio. I am convinced that Remote Simultaneous Interpreting is a new and different type of interpreting: A hybrid between broadcast and conference interpreting that requires training and preparation only a professional can embrace.

I now invite you to share your thoughts on this very trendy subject in our profession, and please remember that I have no experience with those other less-sophisticated devices hospitals, detention centers and courthouses are using to save a quick buck.

Should interpreters work under those conditions?

April 24, 2017 § 6 Comments

Dear Colleagues:

Freelance interpreting is a beautiful career but it has its complications. Besides the general complexities of being an interpreter, independent professionals must worry about getting and keeping clients, the administrative aspects of the business, and the market conditions, including competitors, unscrupulous agencies, and ignorant individuals who, knowing little of the profession, try to set the rules we all play by.

We all have our own personal motivations to work as interpreters. All legitimate and many honorable. I am an interpreter for two main reasons: Because I like working in the booth, and because of the freedom, flexibility and income.

In my experience, I have rarely encountered a colleague who hates the profession (although I have met some). Freedom and flexibility are appealing to many; but with the actual decision to take or reject assignments based on content and other factors, or the relentless pursuit of professional good work conditions and a professional fee, many interpreters bulk at confronting the market and demand what they deserve.

For many years I worked as court and conference interpreter simultaneously. I liked the work in court, the cases, the challenges, the drama, and sometimes the outcome of a legal controversy, but it was wearing me out.  Many times working in court was depressing, not because of the truculent cases or the human misery you get to see in the courtroom, but because of the conversations among many of my colleagues.

It wasn’t unusual to hear interpreters talk about how they could barely make ends meet, or complain of how little work they were getting from the court. Common topics would include choices between paying the rent or a child’s medical bills. The interpreters who dared to talk about a nice dinner in town or an overseas vacation were met with resentment. It was almost like those with a good income had to keep it secret. It was very uncomfortable.

I do not like to see people suffer, and no doubt these colleagues were in pain. The problem is that it was self-inflicted. Being an interpreter who makes little money is a curable disease. It requires that the interpreter practice and study to improve their rendition, grow their vocabulary, and increase their general knowledge. It also needs a good dosage of courage and determination to go out there and look for good clients. Sitting in the courthouse interpreters’ room complaining of how they are not given more assignments, and settling for the fees (low in my opinion) that the judiciary pays interpreters will never get you ahead of the curve. I never liked it when other interpreters would describe themselves as “we work for the courts”. Unless you are a staff interpreter, the courts are your clients, not your boss. Talking to many colleagues all over the world I can say the same for those who work in healthcare: You will never make a lot of money interpreting in a hospital or clinic. The cure for the disease is one paragraph above.

I respect others’ opinion, and we all know what we want to do with our career and our life, but to me getting to know the market (or markets in many cases) where you work does not mean “learning the limits to what you can request or charge”. To some, interpreters who adapt to their market are doing something good. To me, they are just giving up and convincing themselves this is the best they might do. An interpreter who does not accept irrational work conditions or insultingly low fees is on the right track. Those who demand team interpreting for any assignment that will go over 30 minutes to one hour maximum, or ask for a booth with decent interpreting equipment, or want to get the materials ahead of time so they can study, are doing what professionals do. Interpreters who refuse to work under substandard conditions or don’t dare to charge a high fee for fear that the client will go with somebody else are digging their own graves and hurting the profession.

The interpreter who rejects an assignment because the agency wants him to work alone, or the interpreter who walks away from an offer to do a conference for a miserable fee are doing what should be done. Accepting work without materials because “nobody in my market provides materials ahead of time for this type of assignment” and working solo or without a booth because “If I don’t do it I will go out of business” may be adapting to the market, and to some this may be praiseworthy. To me they just are excuses; a pretext to avoid the constructive and educational confrontation with the agency or direct client. This interpreters do not “adapt” to the market, they shape it, and that is good.

I started this entry by emphasizing that to get what we want we must practice and study. Only good professionals may demand (and enjoy) everything we have discussed here. We must be professionals at the time of our rendition in the booth, courthouse, hospital, or TV network. We must earn the trust and appreciation of our client by becoming reliable problem-solvers who will do anything needed from us as professionals to make the assignment a success.  Be flexible as an interpreter. Once, the console failed in the middle of a conference, and instead of suspending the rendition until the tech staff could fix the problem, I jumped right on stage and continued interpreting consecutively until the system was working again. This is what we do. This is the right flexibility the client should expect from us. One time an agency asked me if I could be the driver of some of the foreign visitors I was to interpret for. I immediately refused. Driving is not part of what an interpreter is expected to do as a professional, and neither is to do photocopies, or set up the chairs and tables for the conference.

That we have to get a lot of clients to generate a good income is false. I consider myself a successful interpreter and I probably have fewer clients than many. I am never the first interpreter the agencies most of you are familiar with call, and I don’t want to be. If you are the first name on the list it means you could be undercharging or too willing to accept the agency’s work conditions.  I am the last name on the list, and that is good.

Whether it is because the agency could find nobody else, and they are now willing to pay my fee, or because it is a difficult, or high-profile assignment and they need one of the best, even though they know that my services don’t come cheap.  Well-run agencies make a great deal of money; hospitals charge more than any other service provider in society; attorneys keep one-third of the money awarded in a case (and interpreter fees do not even come from that slice, they are deducted from the part the plaintiff is to receive).

I know we all have our reasons to do what we do with our careers. I respect everybody’s decisions. All I ask you to do is that the next time you evaluate taking an assignment under less than ideal work conditions, or for a lower fee, before saying yes to the agency or direct client ask yourself if adapting to the market is a good thing, or shaping the market to satisfy your needs is better.  I invite you to share your opinions with the rest of us.

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