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.

Lack of understanding, common sense = constitutional conflict in court?

November 12, 2018 § 1 Comment

Dear colleagues:

I recently learned that some federal district courts got involved in the way federal prosecutors pick their interpreters for hearings. I have practiced in federal court for many years, and the decision on who will interpret for the office of the United States Attorney has always been left to the prosecutors who know the case better than anybody else. This means they, and their prosecutorial team of paralegals, investigators, detectives, and law enforcement agents, know the language complexities of a particular case, and therefore, better equipped to decide who they need for that interpreting assignment.

I do not dispute that some districts, because of a lack of federally certified court interpreters, or out of plain ignorance, have never tried a case where the assistant U.S. attorneys (AUSA) have their own interpreters for a trial. Some districts are so small, the AUSA office does not even have a staff interpreter. Some districts are so remote, that even the court tries cases with unqualified court interpreters (usually certified or accredited at the state level) because it is next to impossible to get somebody to the courthouse. Evidentiary hearings and trials require that an interpreter be physically present at the hearing. Remote interpreting is not a viable option for these proceedings.

That some have always followed this practice does not make it right, and courts in districts in urban centers where federally certified court interpreters are available have no reason to inject themselves in what should be an internal process of the Department of Justice. Let me elaborate:

The American legal system, and all legitimate legal systems in the world, are based on an independent judiciary free to decide with no pressures or fear of retaliation. The United States Constitution recognizes and enshrines this principle through the separation of powers. The Executive Branch of the federal government originates from Article 2. The Judicial Branch stems from Article 3.

With administration of justice in a criminal case, all individuals in the United States have the rights and protections established by the Constitution and secondary legislation; mainly, the right to a public and fair trial by their peers, starting with a presumption of innocence, charging the Executive Branch of government, through the United States Department of Justice, with the burden of proof, beyond reasonable doubt, in an orderly regulated process, presided by and controlled by the Judicial Branch of government. To put it simply: Because the government cannot be judge and party, it is an agency from outside the Judicial Branch, in this case the Justice Department, who prosecutes the case on behalf of the U.S. government, including the citizens that the government must protect from the bad guys.

We can see that having the burden of proof is no small task. Federal prosecutors must investigate de facts, test and evaluate the evidence found, and prepare a case that will persuade the jury and judge of an individuals’ guilt beyond reasonable doubt. If successful, the Justice Department will meet its duty to protect society. This is no easy task; it also means that individuals will lose their assets, their freedom, and even their life.  A prosecutorial team must have the best team available to fulfill its function, and that is extremely difficult.

Federal prosecutors must call witnesses to testify in the trial. When these witnesses do not speak English, their testimony must be interpreted into English to benefit the defendant, the defense attorneys, the judge, and the jury. It is only then, after the rendition of the interpretation, that the defendant will have exercised his constitutional right to confront the witness or accuser. It only after the rendition that a judge or jury can assess the credibility of the witness. It is this time they will decide if they believe all, part, or nothing of the witness’ statement.

But most of the work is done before the witness steps in the courtroom and takes the stand. Prosecutors and their teams test, evaluate, and prepare their witnesses before a trial. Questions are asked many times, in many ways; adjustments are made. Not to influence testimony, but to present the truth clearly to the trier of fact (judge or jury). Usually the testimony of the witnesses for the prosecution is very complex, specialized, scientific. Dense concepts and sophisticated terminology must be interpreted into English during the trial; cultural concepts must be clarified before the final rendition (many expert witnesses come from abroad just for the trial); legal systems compared so the accurate term in the target language is rendered by the interpreter. Leaving loose ends is not an option: The prosecution must prove, and the standard could not be any higher: beyond reasonable doubt. Prosecutors and their teams, assisted by the interpreters, go over the testimony with every witness as many times as needed. These interpreters must research, study, practice, develop a common glossary for each testimony. The witness gets used to that team of interpreters and the interpreters get used to the witness.

The interpreters for the prosecution know the case, they are familiar with names, dates, places, and other key information that must be interpreted with accuracy. From gang slang, to amounts of drugs, to family relationships. It all needs to be well-understood so the interpretation heard in trial is accurate, pristine, and truthful.

Confidentiality is essential to our justice system. It lets the parties tell the truth to their attorneys so they can represent, in a criminal case, a defendant or society with full knowledge of the facts. Confidentiality is also very important when it comes to the lawyers’ strategy. Prosecutors and defense attorneys develop a strategy to win a case. The interpreters for the prosecution know the strategy and facts, and they are covered by the veil of secrecy. Using a court appointed interpreter to interpret for the prosecution generates a conflict of interest. You cannot be judge and party simultaneously. Even the most professional, trustworthy interpreters should never be placed in such situation. The sole appearance of conflict is enough to cast a shadow on the proceedings. Client-attorney privilege only exists when there is an expectation of privacy. How could this be argued when the same interpreter hears all confidential details?

The independence of the prosecutorial interpreters is so important, that even their payment differs from that court appointed, public defender, and Criminal Justice Act (CJA) attorney interpreters receive.  I am not referring to staff interpreters, I am talking about independent contractors retained to work in a case. While interpreters for the court, public defender, and CJA attorneys are paid through the judicial system (Judicial Branch of government) interpreters for the prosecution are paid by the United States Department of Justice (Executive Branch). The funds come from different budgets to assure independence, absence of conflict of interests, and separation of powers. The Office of the United States Attorney pays better that the courts, and unlike the latter, fees are negotiable between the parties (interpreters and AUSAs). This can also be relevant if you think that most more experienced, better trained interpreters would rather work for the prosecution, leaving a smaller pool of top-level interpreters to work for the courts, and increasing the risk of an inaccurate rendition of a prosecutorial witness’ complex testimony during the trial.

The widely, and constitutionally backed, practice of having a separate interpreter team for the prosecution in federal cases must continue as long as we have separation of powers, and a system where one party has the burden of proof. There is no rational justification for this practice by the executive branch of government, to be changed by court staff, from a different branch. Such decisions are being made in courthouses where none of the issues above were given any thought, where prosecutors did not reflect on the implications of such changes, and a decision was unilaterally made, perhaps due to a lack of understanding that lead to this policy deprived of common sense. If the decision at these district courts was made unilaterally, we have a separation of powers issue; if it was decided for monetary reasons, remember that interpreter fees are paid from two budgets (executive and judiciary); if it was decided to avoid comparisons between experienced prosecutorial interpreters, and perhaps less qualified court appointed ones, it was motivated by unethical reasons and it shows a disappointing level of professionalism; and if this was a joint decision by the courts and AUSAs in some districts, they must address the conflict of interest and at the least the appearance of conflict.

Our legal system has been around for 250 years. It has organically adjusted its parts to observe the fundamental democratic principles, starting with an independent judiciary, a separation of powers, and the rights and protections to the individual and society. In today’s world where many things that were, are no longer, let’s hope this is not changed by the capricious decision of a few. I invite you to share your thoughts on this issue.

U.S. Immigration Court interpreters’ other enemy.

October 18, 2016 § 4 Comments

Dear Colleagues:

About two months ago the California immigration court interpreters started a movement to force the hand of SOSi and the EOIR with the goal of achieving better work conditions, a professional pay for the services rendered, and to keep the authorities from hiring new interpreters and interpretation students for a lower fee.  This entry will not deal with the merits or the outcome of such movement. We will talk about the elephant in the room: the big obstacle to the professionalization of the interpreting services in American immigration courts that can be changed by the interpreters themselves.

I know that this blog entry will make some uncomfortable, and I do not like to do that. Unfortunately, my life-long effort to fight for the professionalization of interpreting does not allow me to keep silent. To me, that would be equivalent to betraying my own professional standards. I write this piece with respect and with no desire to offend, knowing that by the time some of you finish reading this article, you will feel offended. I only ask you to reflect on what bothered you, and honestly acknowledge, at least to yourself, that you are not really up to save the profession (as a true profession, not as a laborer’s occupation) in the immigration court arena.

For several years now, there has been a tendency to credentialize interpreters who provide services to the public, who perform a fiduciary function.  Because of the wide variety of languages regularly spoken in the United States, and due to the millions of people who do not speak English at all, or at least good enough to go through a legal or medical process, most efforts have been applied to the certification of Spanish interpreters, by far the most popular foreign language nationwide, and finding other solutions for the other languages.

Court interpreters had an early start and developed the federal Spanish court interpreter certification exam. Many States followed and the States’ Consortium for State Court Interpreter Certification was born, later taking us to the current Language Access Advisory Committee (LAAC) and Council of Language Access Coordinators (CLAC).

Healthcare interpreters followed suit and developed two different interpreter certification programs (the Certification Commission for Healthcare Interpreters: CCHI, and the National Board of Certification for Medical Interpreters’ CMI program) both of them widely spread and recognized throughout the United States. Granted, the term “medical interpreter” to describe the functions of these professionals is less accurate that “healthcare interpreter”, and compared to the court interpreter certification federal and state-level exams, both healthcare certifications are way behind in content and degree of difficulty; but unlike court interpreter certification programs, healthcare interpreters have achieved something extremely valuable that court interpreters can only dream of: an examination administered by an independent entity, just like lawyers and physicians, instead of the uncomfortable government-run court interpreter programs that always raise the issue of the real conflict of interests when the entity certifying interpreters is the same one who hires them.

At any rate, healthcare interpreters in the United States now have a way to prove that they are minimally qualified to do their job, that they adhere to a code of ethics, and that they comply with continuing education requirements that will keep them current in language, interpreting, terminology, and medical issues. In other words, healthcare interpreters sitting at the table with court interpreters can now bring up their credential and feel at the same professional level than their legal colleagues, instead of having to give a speech about how certifications do not mean a thing, that it is working in the trenches that makes you a good interpreter, and that your field is so unique that no existing certification exam could test what is needed to work in that field.

Well, dear friends and colleagues, this takes me straight to a very real, and somewhat uncomfortable problem, faced everyday by immigration court interpreters in the United Stets: They have no certification program requirement to work in court, and for that reason, there is no way to prove a certain minimum level, thus allowing bad interpreters to work in the immigration court system for years.

Court interpreting is a highly skilled occupation that requires of a professional provider. By its nature, it is also a fiduciary function where a judge, attorneys, respondents and witnesses must trust the knowledge and skill of the interpreter who will speak throughout the proceedings while at least half of those present will not understand a word of what was said. It is an awesome responsibility that cannot be left to the paraprofessional or the untested.

Presently, all Article Three courts in the United States, at all levels (federal and state) have a Spanish language court interpreter certification program that includes minimum requirements to take the exam, passing a comprehensive and difficult test (at least at the federal level), observing a code of ethics, and (with the exception of the federal program) complying with continuing education in the legal, interpreting, and language fields to be able to keep the certification. These courts are part of the Judiciary Branch of government.

Immigration Courts are not a part of the Judiciary. They are in the Executive Branch of government and are referred to as Article One courts because of their legal basis in the U.S. Constitution. The thing is, my colleagues, these courts deal with societal, family, and personal values and interests as important as those heard by Article Three judges. They are courts of law that abide by a set of substantive and adjective laws.  For practical reasons, they operate just like any judicial court: there is a judge, there are parties (one of them will be the government just like in criminal law), there are witnesses, and there are attorneys.  Although the controversies are different, immigration proceedings also include a first appearance, motions hearings, a court trial, and a verdict. There is a burden of proof, rules of evidence and procedure, and the possibility of an appeal to a higher court (Board of Immigration Appeals). The fact that the terminology calls these hearings “master calendar”, “bond redetermination”, “credible fear”, or “individual hearing” does not make much difference.   The cases are as different from those interpreted in an Article Three courtroom, as a criminal case differs from a civil or a family law proceeding.

The skills required to interpret are the same as in any other type of court proceeding: There is a need for simultaneous and consecutive interpreting, as well as sight translation. Interpreters use equipment just the same (in fact, in many cases even the same brand), and the expected ethical and professional conduct of the interpreter is the same.

It is a fact that immigration court interpreters are disrespected by their client: the EOIR on a daily basis. There is no denial that they make little money, work long hours, and they do it solo, regardless of the complexity or duration of a hearing. It is also well-known that they are treated in humiliating fashion by being forced to jump through many administrative hoops that no other court interpreter will ever face, in part because they are subcontracted by a multinational agency that tries to keep control over the interpreters without physically being at the courthouse, but also in part because interpreters are not considered professionals, they are not acknowledged as officers of the court.

I firmly believe that the only way to earn the credibility they need so much, Spanish language (for now, and ideally all widely used language combinations later) immigration court interpreters in the United States must demand a court interpreter certification requirement to be able to work.  They need it for their credibility among their peers and with the public opinion.  Once they have a credential, together with a code of ethics and continuing education requirements, they will be in a much better position to negotiate with anybody.

Because immigration court is a federal matter, and the services provided by the interpreter are the same as the ones in all federal courts, I think that the certification they need to have is the already existing FCICE. It would be very simple, all they need to do is convince the EOIR of this need. The exam already exists, all these interpreters would need to do is register and take the test. Then, if both, EOIR and the immigration interpreter community think it is appropriate, there could be a short immigration terminology exam (although I don’t think it necessary just like current certified court interpreters do not need to test every time they interpret a different kind of hearing. Part of an interpreter’s duty is to get ready for an assignment and that professional obligation should be enough).  This would be the best way to demonstrate that their simultaneous, consecutive, and sight skills are at a minimum level to deserve that trust we discussed above. In fact, by getting EOIR to agree, immigration interpreters would have until the Summer of 2018 to take and pass the written portion of the federal exam, and then until the Summer of 2019 to take and pass the oral test. In the meantime, it could be agreed that those currently working would continue to do so until the Summer of 2018.

This solution would immediate put immigration court interpreters at the same negotiating level as their Article Three federal counterparts; In fact, it would benefit everyone: Currently federally certified Spanish court interpreters would consider working in immigration court as the pay would be the same (or almost), and newly federally certified immigration court interpreters would have the opportunity to broaden their professional horizons and work in federal courts.

Of course, this means that two things must happen: First, the certification exam cannot be a “Mickey Mouse test” like the ones offered to immigration court interpreters by multinational agency contractors; they have no scientific value and a very poor reputation. And second, immigration court interpreters need to understand that those who do not pass the exam must go, regardless of the time they have been a fixture at the immigration courthouse. Any other “solution” would defeat the purpose and discredit the credential. This, my friends, is the “other” enemy of the U.S. immigration interpreter: the bad interpreter who has never been able to pass a court certification exam, knows that they never will, and spend all their time and energy trying to convince others that certifications are worthless, exams are rigged, and that the only way to learn the profession in in the courtroom.  These people have to go away. They are like a cancer that is slowing down the progress of the rest of their colleagues.

To argue “unity” to protect and keep these individuals is misleading. Professional unity can only happen among professionals, and the individuals I just described above may be paraprofessionals but they are definitely not professional material. Imagine for one moment going to the hospital for emergency surgery and being told that the person who will operate on you has never taken or passed the Board, but has a lot of experience. Would you let this non-doctor cut you open?

I understand it is very hard to set aside our emotions and empathy for these individuals, but it is time to think of yourselves, your families and your peers. Unless you want to continue to struggle as an immigration court interpreter, you have to get certified. A decision to dodge the certification issue, or to settle for a lower standard of certification, because someone who cannot pass the test convinced you to support other options, will be a vote for the status quo, sacrificing the good ones to protect those who do not deserve to be there.

The expenses all interpreters must charge to the client.

September 27, 2016 § 9 Comments

Dear Colleagues:

One of the questions I get the most from students and new colleagues has to do with interpreter fees and expenses. We have covered professional fees from several perspectives in prior posts, but so far we have never really discussed the expenses interpreters should pass on to the client.

I write this entry with my conference interpreter colleagues in mind.  Other interpreters can certainly benefit from this post, but they should always keep in mind that expense reimbursement in their professional practice might be governed or constrained by other considerations such as contractual limitations, government or institutional policies, and legislation.

If you work full time as a conference interpreter, or if you mainly do other type of interpreting, but you accept conference work on weekends, after hours, or during the summer vacation; mainly if you are new to the field, but also if you are a veteran who simply never figured out what expenses to charge to the client, this entry will put you on the right track.

Keep in mind that we will not deal with our professional fees here. That is a separate issue. You should have a set fee that you charge per day and per half-a-day of interpreting.  In the past we have discussed how to arrive to the right fee and what to consider when calculating it.  Some of you have attended my seminars on that precise topic. Remember, you must charge the professional fee for the service you render, and you should never have more than one fee for all clients (except for government or corporate professional service contracts where you agreed to a lower fee in exchange for consistency, volume, prestige, or many other considerations). For now, let’s set the fees aside, and concentrate on those expenses necessary to provide the service that the agency, government office, corporate entity, or end client must reimburse you after the service has been provided.

Notice that I am talking of reimbursement and not advance. I do this because that is the standard business practice and you should be prepared to work that way. Oftentimes, interpreters can lose a good client, or close an important door, simply because they asked for an expenses advance. We should always be prepared to cover these costs upfront. A good conference interpreter who is also good in business should always have money set aside for a plane ticket across the ocean, a hotel reservation, and transportation and food. Naturally, when dealing with new clients whose reputation is unknown to you (after a diligent inquiry on your part) it is always advisable to ask for an advance not just for expenses, but also for part of our fee.

As I said, in an overwhelming majority of assignments, you will be expected to pay first, and be reimbursed later, generally at the same time that your professional fees are paid; sometimes because of the accounting practice of the corporate or governmental client, reimbursement may take quite longer than the payment of your professional fee. You need to be prepared for this. Having an amount available to cover these costs while being reimbursed should be considered as a business investment on your part.

The question is: What expenses should I be reimbursed for?

First, if the assignment requires you to travel away from home, and your trip will be on the day before and the day after the event, you should charge one half a day of your interpreting fee for each of those two days. In other words, if you interpreted a conference that lasted three days, you should charge fees equivalent to four days of work:

½ day fee for travel day to assignment + 3 days of interpreting + ½ day fee for travel day back from the assignment = 4 days of interpreting fees

Next, you must be reimbursed for the airfare, train fare, or bus fare you paid to get to the out of town conference and back. Usually, the client expects you to ask for an economy ticket reimbursement, but in extremely long trips, you should ask for business class reimbursement, especially if you are going to work right after you land from crossing the Atlantic or the Pacific. As I have suggested in past posts, you should have a preferred airline where you are a frequent flyer so you can get upgrades to business or first class with your miles while the client is reimbursing you for the economy ticket. Please make sure to include here all other flight-related charges such as luggage fees, airport fees and taxes, visa fees when applicable, that you disbursed in order to get to the out of town venue.

You should also request a reimbursement of all hotel expenses that have to do with lodging: room fare, reservation processing fee, internet service in the room, and so on. Things like room service or pay-per-view movies in the hotel room cannot and should not be included in the reimbursement request. You should pick a business hotel, not a luxury hotel (unless the assignment requires it).

To have an idea of the price range you can charge to the client, in the United States, use the table of the GSA – Internal Revenue Service. It clearly states the maximum rate per room allowed for business travel by city and state.  http://www.gsa.gov/portal/content/104877

Ground transportation should also be a part of your reimbursement, taxis from airports to hotels and back, and taxi rides from hotels to the event and back should always be reimbursed. In some cases, the client will even pay for ground transportation from your home to your town’s airport and back. It is possible, but you should negotiate it before you include these taxi payments in your reimbursement requests. Sometimes the client may want you to ride a passenger shuttle from the airport, and others could even suggest that you take the subway or another urban public transportation. I do not like that, but you should negotiate it with the client.

You must request a daily allowance for meals (Per Diem) for every day that you are away from home (travel and interpreting days). To eliminate the hassle of collecting receipts for every meal you have, in the United Stets, refer to the table of the GSA – Internal Revenue Service. It clearly states the Per Diem allowed by city and state.  http://www.gsa.gov/portal/content/104877

If you are based in the United States and are traveling to a foreign country to provide the interpreting service, instead of following the table above, you will need to base your hotel and Per Diem expenses on the list that the United States Department of State publishes every year. It also contains the appropriate amounts by country and city. https://aoprals.state.gov/web920/per_diem.asp

Although I do not exactly know what requirements are needed to follow the same practice for those of you based in a European Union country, At least you can refer to the E.U. Per Diem list by country.

https://ec.europa.eu/europeaid/sites/devco/files/perdiem-rate-20150318.pdf

The following list can be used by those of you who live in Mexico: http://www.cualtos.udg.mx/sites/default/files/adjuntos/tarifas_viaticos_nacionales.pdf

Finally, you should be reimbursed for all other work-related expenses needed to provide the professional service such as parking fees, car rentals and gasoline, highway, tunnel and bridge tolls, photocopies, etc.

You should save all receipts or all other reimbursable expenses: airfare, taxis, hotels, etc. Even if the client does not ask for them, and you should always try to get reimbursed by the mere presentation of your professional fees and expenses invoice detailing reimbursable costs by category, it is a good practice to keep them in case they are needed, and for tax purposes as well.

It is possible that the client may offer to purchase the plane tickets, pay for the hotel directly, they may take you out to eat all meals, and so on. That practice is also acceptable, and in such cases you should only ask to be reimbursed for those costs that you paid for.

I hope you find this information helpful, and I sincerely expect you to pass all of these expenses to the client. That is how professionals work. I now invite you to post your comments regarding this very important part of our professional practice.

Are they trying to fool the interpreters and translators?

September 20, 2016 § 17 Comments

Dear Colleagues:

We have been under constant and merciless attacks from the big multinational language “industry” corporations for several years. These uninvited guests at the professional language services table have stubbornly fought to take away the market from the professionals who should service the clients through systematically minimizing the role of the interpreter and translator, and dehumanizing the profession by launching a campaign to convince the weak and uninformed that what we do is an “industry”, not a profession.

In the past we have discussed the oddity of having pharmaceutical companies in the same professional associations with the physicians, and we have talked of the way attorneys defend their craft so it continues to be known as the legal profession, not the legal “industry”. Sadly, as you know, there are individual interpreters, translators, and even professional associations in our field that have decided to tear down that barrier erected by all professions to protect both: the end client of the professional service and the professional service provider, and have happily commingled professional interests and concerns with those of corporate entities whose sole objective is to cut costs, provide a borderline service, as long as it is legal and acceptable, and profit as much as possible.  This translates into often deplorable working conditions for interpreters and translators and substandard, often insulting professional fees.

There is nothing wrong with commercial entities following this model. It is legal and that is what they were incorporated for. The problem arises when greedy professional associations, government bureaucrats, trainers, and individual interpreters and translators begin to campaign for this corporate interests completely disregarding the profession and those who provide quality services.  It is very dangerous to have all of these members and peripheral members of the profession ceaselessly attempting to convince professional interpreters and translators, new and old, that the way of the future leads to a profession bastardized by an “industry” where professional interpreters and translators will have to take their marching orders from minimum-wage high school level coordinators and project managers whose only priority is to squeeze everything they can get from the interpreter and translator and pay a fee (that they cleverly refer to as “rate” to rhyme with the “industry” philosophy they practice and try to propagate) worthy of a hamburger flipper, not a professional service provider. For years they have used scare tactics and “there is no other choice” arguments to coerce many weaker colleagues to give in and drink the “industry’s” Kool Aid.

First they tried to shame and ridicule professional interpreters and translators by spreading unfounded and hateful rumors that the real reasons for our opposition to the crowning of these multinational language “industry” service providers were our ignorance of new technologies and our fear of globalization.  Using their very deep pockets, they took this message to all corners of the earth and repeated these lies until many believed them as true.

We all know that professional interpreters and translators are not opposed to technology; it is common knowledge among our peers that we all welcome the opportunity to work and learn from other high-quality professional colleagues who live somewhere else in the world.  The truth that these entities do not want the professional service user-beneficiary to know is that interpreters oppose the laughable fee (again, referred to as “rate” by them) system these outsiders to the profession propose, where they offer to pay by-the-minute of interpreting service over the phone or video outlet, lower interpreting fees for remotely interpreted conferences because the interpreter “does not need to travel” despite the fact that the service, preparation and effort are the same whether the interpreter is at the venue or twelve time zones away. They forget, or choose to ignore, that their savings are already impacted by modern technology when they save transportation, lodging, Per Diem, and travel day fees customarily paid to interpreters in case of travel. Those are the savings, not lowering the interpreter’s fee.

The same situation applies to translators who have welcomed new tools and best practices that enhance quality and reduce time and effort. The things that real professional translators will not accept, and the multinational language “industry” providers who propose no pay for repetitions, numbers, etc., while pretending to use the best of the best in the translation world as mere “post-editors” of the work that computer program algorithms and paraprofessional translators (who have been paid rock-bottom fees) did, so that the final product that the agency’s client sees is at least half decent. Professional translators know that this is not the way to provide a translation service; they know of the time and effort involved in rescuing a non-existent translation from a deformed text they were just handed by the so-called “project manager” (who have no idea of what they are asking the translator to do) is a professional practice that should never happen, but when it does, it should command an even higher fee than a translation from scratch. These translators are not afraid of technology and they are not against globalization; they oppose a job description that resembles more the work of a babysitter (of incompetent translators) than the professional service of a translator.

I know that I am not telling you anything new. We have all discussed these issues in this blog and elsewhere many times, and we have successfully defended our profession by educating the good clients and through pointing out the nefarious services and products that very often come out of these multinational language “industry” companies.  Yes, there are good agencies. We all know who they are, and we shall continue to work with them on a professional relationship based on mutual respect and understanding, but unfortunately, most agencies act as described above.

The reason I decided to write this new entry was to send you all a warning; to give you the heads up: These multinational entities are back, and they have a new strategy.

You see, they are now trying to convince interpreters and translators that they have changed; that it was all a misunderstanding. That they never meant any harm to the individual interpreters and translators. They want you to believe that they appreciate you and cherish you, and they will come up with very creative schemes.

All you have to do is to look at their conference programs to immediately notice how they are designing strategies to make interpreters and translators happy; to make you feel appreciated and respected, so at the end of the day you give up and agree to work for them under despicable conditions.  Look at the different conference programs and see how they are inviting as presenters of this new approach no others than their very own company executives, and interpreters/translators who have decided to abandon the defense of the profession and join the ranks of the “industry” in exchange for who knows what.

This is their new strategy, so we have to be alert. They must think that this time they will get us, but, dear colleagues, we are no Trojans. We will not welcome their “gift” disguised as a horse.  These are dangerous times and the “industry” has deep pockets that they rather use to destroy the “profession” than to attract high-level professional interpreters and translators by paying professional fees.  We cannot let our guard down. We are not “Little Red Riding Hood” but the big bad wolf is trying to get us.

I now invite you all to share your suggestions and experiences in dealing with these very serious problems; I only ask you not to post any comments defending the multinational language “industry” movement.  This is a forum for professional interpreters and translators. There are plenty of places in cyberspace where those who want to praise the qualities of these folks can ingratiate themselves with the “industry”.

What interpreters should do when asked to charge less for their services.

September 13, 2016 § 12 Comments

Dear Colleagues:

Lately, it seems to me that there are requests everywhere for interpreters to work for less and even for free. Whether it is the Olympic Games, the political campaign events in the United States, or the community organizers’ voter registration actions.  Everybody seems to want a free ride.  At first impression, it looks like these are worthy causes and we as interpreters should be on board; unfortunately, when you take a second look at the request, you start wondering what is really going on. You see, Olympic Games’ organizers ask us to provide our professional services for free, they tell us it is a righteous idea, it will help to bring people together, and it will contribute to world peace. Then you realize that the physicians, paramedics, attorneys, dietitians, and many other professionals involved with the Olympic movement are not doing their jobs for free, they are getting paid for their professional services.  The same thing happens when you notice that the person asking you to volunteer your interpreting services to a political campaign or to a community organization’s event are paid staffers who do nothing for free. Something is not quite right.

Principled causes and ideas are great and we celebrate their existence, but professional services should always be remunerated, regardless of the virtuous cause they help advance. Otherwise, professionals should only get paid for awful, despicable activities. Under this criteria, healthcare workers should always work for free.

This reminds me of an occasion, many years ago, when a judge asked me to interpret a restraining order application form for free. When I refused stating that I would not do it unless I was paid for the professional service, the judge told me that it would be my fault if I refused and the victim was later harmed by the alleged perpetrator she was seeking protection from. He said that I was greedy.

Despite the fact that this judge was backed by an ignorant selfish interpreter coordinator at that courthouse, I immediately responded that my services were professional, just like the judge’s. I then asked him what kind of moral authority he had to scold me for not working for free while at the same time he was making a pretty fat check for presiding over the hearing. I did not interpret and I never knew what was of that alleged victim that a judge refused to help, because it was up to him to lend her a hand by just approving the payment of my professional interpreting services of the restraining order application.  You see, it is easy to be a Good Samaritan when it is on other people’s dime, it is more difficult when it affects you directly.

It is easy to ask for volunteer work when you are getting paid for asking others. I have nothing against volunteer, charitable work, but it has to be on my terms. I am a professional just like the physician, or the judge of my story, I run my own practice and I have to generate an income to cover expenses and to live the way I want to live; in my particular case, I work hard and provide an excellent professional service to be able to live my lifestyle.

As professionals, we must never lower a fee to give someone a break because they are poor, needy, or just need a break to get back on their feet.  You see, the day you agree to reduce your fee to a client, regardless of the motivation behind your decision, will be the last time you were able to charge your regular fee. From that point on, because everything gets to everybody’s ears in this world, all clients will always ask why you are charging them a full fee when you charged a lower amount to another client.  It is a dead end with no return.  It is a terrible business decision. I think you are starting to see why a lawyer or a doctor ask you to lower your fee for their “needy client or patient” while at the same time they charge them their regular fee.  When someone asks you to provide a professional service for free or at a reduced fee they are belittling the profession; they are automatically placing you in a separate category from the one where doctors, engineers and accountants are.  To lower your fee is a disgrace.

People, clients included should know that they will always be able to find someone else willing to work for a lower fee, but you are not that person. Your services are of the highest quality and that goes hand in hand with a robust fee.  On the other hand, because we should have a spirit of social empathy and solidarity, we must provide certain services pro bono.

Please pay close attention to what I am about to say:  As a professional, I am who decides when to volunteer my services, I decide the causes that are worthy of my time and effort. Professional interpreters should set aside a time for these free services, buy it should be at a time and place you decide; that way you can set the time aside when it does not interfere with your professional practice or your personal life.  You should designate, let’s say, the first Saturday of the month from 8 in the morning to 2 in the afternoon to assist anyone who needs your services for free, and you should do it at a church, community center, or similar venue. During that time, chosen by you, you will interpret legal, healthcare, school or any other community situations that those attending the facility during the previously set hours many need. Once the time is up, and at any other time, you will only see full-fee paying clients.  This is very different from living at the mercy of others who may want you to provide free or discounted professional services at times when you should be taking care of your professional obligations towards your paying clients.  This will immediately put you on the driver’s seat and will make it clear to everyone that you charge for your services, and sometimes, when the cause is righteous, and on your terms, you provide services free of charge. By doing so, you are not lowering the professional standards, you are not harming your own practice, and you are not insulting the profession.

Next time that you are asked to lower your fees or to work for free because the client deserves a break, stand firm on your regular fees, and if you decide that you want to provide a service for free, not discounted, then let that person know the terms of your pro bono services.  I ask you to please share your thoughts on this very delicate issue that is vital to us as individuals trying to make a living, and to the profession at large.

Much to learn from Mexican interpreter program.

August 30, 2016 § 3 Comments

Dear Colleagues:

A few weeks ago I was invited to participate in the first legal interpreting workshop for Mexican Sign Language interpreters in Mexico City. It was a three-day event attended by sign language interpreters from all corners of Mexico.  With the arrival of the new oral trial proceedings to their country, now Mexican interpreters will play an essential role in the administration of justice. Until recently, the country followed a written proceedings system where interpreters were rarely needed, but now, with a system similar to the one in the United States, interpreters will participate at all stages of a court proceeding; moreover, because Mexico kept their traditional substantive law system, based on Roman, French, and Spanish Law, interpreters will also be needed in all proceedings before a Notary Public where a party does not speak Spanish.

Certainly, Mexico is not the first or the only country switching to this more agile and transparent legal system, but what I saw during the workshop showed me a different, and probably better way to incorporate interpreting into the legal system, and provide a professional service by good, quality interpreters.  What Mexican Sign Language interpreters are doing should be adopted as an example by many other interpreter organizations everywhere.  Sign language, foreign language, and indigenous language interpreter programs could benefit from a strategy like the one they are now implementing in Mexico.

Like many countries, including the United States, Mexico is facing problems familiar to all judicial systems: shortage of quality interpreters, ignorance by judges and administrators, lack of a professionalization system that eventually will only allow interpreters with a college degree.  Unlike most countries, and even foreign language and indigenous language interpreters in Mexico, sign language interpreters are trying to achieve all of those goals by partnering with the courts and academia.

The workshop was the brainchild of a judge from Mexico City’s Electoral Court who identified the need to provide deaf citizens a way to exercise their political rights.  The judge devoted her experience, reputation, time, and connections to the project, and after some effort, the Mexico City Electoral Court, Mexico’s Supreme Court, the Mexican National University (UNAM) and some district judges came on board, together with the sign language interpreter associations.

The workshop was held at three different venues in order to get all interested parties involved, and to send a message to Mexican society that the effort was real. On the first day, at the Mexico City Electoral Court, interpreters learned about the Mexican legal system and its recent changes. On the second day, interpreters attended an all-day session at the postgraduate degree school of the Mexican National University (UNAM) where more practical presentations dealing with interpreter problems and participation in a court hearing were discussed. It was refreshing to see how interpreters were able to convey their concerns to some of the highest authorities within the Mexican court system, accomplishing two things: that their voice be heard, and that judges be aware of how little they know and understand of the interpreters’ role in court.  During the second day of the workshop, a program to develop a curriculum for Mexican Sign Language interpreters to get formal education and obtain a diploma after a year of studies sponsored by the Mexican National University (UNAM) and perhaps Madrid’s Complutense University (Universidad Complutense de Madrid) got its kickoff. The idea is that eventually, this program will allow sign language interpreters to learn the law, court procedure, and court interpreting by attending a combination of virtual and classroom sessions for one year, so that at the end of the year they be ready to take a certification exam that will first test their bilingualism, so that only those who have demonstrated proficiency in both languages move on to the interpreting portion of the exam.  Once an interpreter passes the exam, their name will be added to the list of certified court interpreters they judiciary will have and use to determine who is fit to practice in court.  Eventually, the goal is to develop a degree in Mexican Sign Language Interpreting so that all interpreters working the courts have a college degree.

Finally, the third day of the workshop was held at the building of Mexico’s Supreme Court, where one of the Justices addressed the attendees who spent the time learning about the professional and business aspects of the profession. The day ended with a mock court trial where interpreters participated with the help of law students and professors.

I still believe on addressing the private bar directly bypassing court administrators, but in my opinion, the example set by Mexico’s sign language interpreters is a lesson that should be applied elsewhere. Having justices and judges of the highest level, together with college deans and professional interpreter associations generate a plan of realistic action that goes beyond the demagoguery so often practiced by government officials who never had the desire to help in the first place, would change the “balance of power” that court interpreters are suffering in many places, including many states in the U.S. where ignorant administrators pretend to run a court interpreter program with their eyes set on the budget and their backs to court interpreter needs and the administration of justice.  Having the highest authorities within the judiciary to listen, understand, and support interpreter initiatives (that are nothing but efforts to comply with a constitutional mandate) would go a long way, and having the most prestigious universities in the land to volunteer to sponsor a court interpreter education program with an eye on eventually turning it into a college degree, would solve many problems we see today in all languages.  The Mexican approach encourages the interpreter to professionalize by fostering the direct client relationship between courthouse and interpreter, eliminating once and for all the unscrupulous intermediary that charges for the service, keeps most of the money, pays interpreters rock-bottom fees, and provides appalling interpreting services.

I invite all of you, my colleagues, regardless of where you practice: The United States, Canada, Europe, Mexico and elsewhere, and regardless of your type of interpreting: sign languages, foreign languages, or indigenous languages, even those Mexican interpreters who practice as foreign or indigenous language court interpreters, to consider this Mexican strategy. I believe that it has a better chance to work than those other tactics interpreters have attempted to follow for such a long time.

I now ask you to opine on this very innovative strategy adopted by our colleagues in Mexico with the full support of their authorities and academia.

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