The myth of federally certified Spanish court interpreter fees in the United States.

August 9, 2021 § 10 Comments

Dear colleagues:

There has been some misleading information on line about the income Spanish court interpreters can make in the United States once they are certified at the federal level. This is motivated by the apparent dates for the next certification exam; and I refer to these dates as “apparent” because, not surprisingly, there is no official information, notice, or update on the website of the Administrative Office of the United States Courts (AOUSC). This is not unexpected as lack of accountability kept in office the same people behind the last fiasco.  

As a marketing strategy, some exam preparation vendors have said, or at least implied, that federally certified court interpreters make $418.00 U.S. dollars per day, which multiplied by 5 days a week gives you $2,090.00 U.S. dollars per week; and this amount, times 52 weeks in a year is $108,680.00

The daily fee for a federally certified court interpreter is correct. Federal District Courts must pay freelancers said amount when retained for a full-day of work in court. “Unfortunately,” this is the daily fee for freelancers, and independent contractors are not staff interpreters, they do not work for the courthouse 40 hours a week; they are only asked to work when needed, perhaps several times in a month in a “good month,” and usually they are retained for half a day, at the official fee of $226.00 U.S. dollars, not $418.00

Frequency depends on the caseload, but it also depends on other factors such as the place where the interpreter is physically located, the number of certified interpreters in the area, and other criteria developed by each one of the federal districts. A good portion of this interpreter requests are not to work in court, but to assist attorneys from an existing panel, appointed to represent indigent defendants in federal criminal cases, in terms of the Criminal Justice Act, commonly referred to “CJA attorneys.” These interpretation services are paid at the same federal fees approved for court services above, most of these assignments are for half a day, and to be paid, interpreters must do some paperwork, ask the panel attorney to approve and file the invoice, wait until the lawyer gets around to do it, and then wait for the court to pay. In some districts the wait could be substantial.

Unlike state courts, there are few trials in federal court, even fewer that require interpreters, and most scheduled trials end up cancelled because the defendant enters into a plea agreement. In these cases, interpreters often get no money because of the advanced notice of cancellation, and in others, when there is a last-minute cancellation, interpreters get paid for just a few days, even had they set aside weeks for a lengthy trial that is no more.

Lengthy trials are paid as full days, and sometimes interpreters make an important amount of money, but traveling to another city for a federal trial can be tricky. The district court will reimburse all travel and lodging expenses incurred by the interpreter; the key word is “reimburse.” Interpreters have to buy fully-refundable plane tickets, paying for expensive tickets since “airline specials” are not fully refundable and carry many restrictions unacceptable to the federal government. Interpreters also pay for their hotel rooms (here they catch a break because they must get the hotel’s federal employee rate considerably lower that a regular fare) their ground transportation, and all of their meals. The courthouse will reimburse all the expenses after reviewing all invoices submitted by the interpreter, but reimbursement could take several weeks and even months (usually longer that a credit card payment cycle). Many interpreters turn down this out-of-town trial assignments. They cannot afford to advance such amount of money.

Some of you may be thinking: Why should I get certified then? The answer is, because interpreting in federal court pays better than most state courts, and it definitely pays better than most abusive agencies. The important thing is to understand what the federal certification is good for.

If your expectations are to make a high income by working for the federal court system as a freelancer, then you have to reconsider your options and think about applying for a staff court interpreter position in a federal courthouse. But if you value your freedom as an independent contractor, and you have professional plans beyond interpreting the same subjects for the same judges for the rest of your career, then you have to understand the federal certification credential is helpful when you know how to use it.

First, as a newly certified interpreter, you will gain a lot of experience. This is extremely valuable when you start as an interpreter and recognize when it is time to move on.  By going to interpret at the federal courthouse, you will meet attorneys (not federal public defenders or CJA panelists) from big law firms who will hire you as your direct clients. Most of the law firms I am referring to practice civil litigation and corporate law. Working for these clients will eliminate most of your competitors, as most interpreters stay with criminal courthouse work. It will also challenge you to be a better interpreter as cases are varied and usually more complicated than criminal trials. You will also meet the attorneys’ clients, many multinational businesses and Fortune 500 companies, and they will become your clients for non-legal matters where they may need interpreting services.

If you stay in criminal law because of personal reasons, you can also target the big criminal law firms that handle private clients, among them businesspeople and celebrities that could end up as your clients. If you cannot gain access to these law firms and their clients at this time because of your lack of professional experience or due to your physical location, the federal certification will let you work with the United States Attorney where you can negotiate your fee and work conditions without being limited to the official federal fees (as with the court, CJA attorneys, and federal public defenders).   

Working as a freelance certified interpreter in federal court is a great back-up income strategy. Sometimes, direct clients will be scarce. When this happens, contact your federal courthouse and offer your services. They may ask you to work on a day you have nothing scheduled. Under those circumstances, it is better to work for the federal full-day or half-day fee than state court fees, or abusive agencies. Just make sure when you work in federal court you act as a consummate professional, do your best work, and be courteous to all. Courthouse interpreter coordinators will appreciate the work you do, and will understand you are not always available because you are constantly looking for ways to be a better interpreter and move up in the profession.

I hope you now understand better what to expect from a federal court interpreter certification, its potential income and possibilities; and how, when done wisely, it can help you grow as a professional interpreter. You must get certified. Please feel free to share your comments with the rest of us.

How to get (and keep) direct clients.

December 30, 2019 § 5 Comments

Dear colleagues:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Alert: They are interpreting illegally outside their country.

February 6, 2019 § 12 Comments

Dear Colleagues:

During my career I have experienced first-hand situations when people who live outside the United States interpret at the same convention center where I am working another event. I am not talking about diplomatic interpreters who travel with their national delegation to the United States, nor I am referring to the personal or company interpreters who travel to the States with a CEO to negotiate a deal. I am talking about foreign nationals brought to the United States to interpret a conference because their professional fees are lower than customarily fees charged by interpreters who live in the United States. One time I ran into some interpreters from a South American country at a convention center’s cafeteria. They were nice, experienced, and they did not live in the United States. After the usual small talk, I asked them how difficult was to get a visa to come to interpret in the United States, one of them dodged the question and the other one told me she didn’t know because she already had a visa she was granted when she took her children to Disneyworld. Just a few weeks after that episode, I got a phone call from a colleague who wanted to let me know that he was working at a venue in the mid-west where they were using other interpreters brought from abroad for the conference. He explained these foreign colleagues were having a hard time with the cultural references, and apparently had entered the country on tourist visas.

In this globalized economy, some agencies are hiring foreign interpreters, who live outside the United States, because they come from economic systems where a sub-par professional fee in the U.S. looks attractive to them. I have heard of interpreters brought to work in conferences and other events for extremely low fees and under conditions no American interpreter would go for: Two or even three interpreters in the same hotel room, no Per Diem or pay for travel days, often working solo, for very long hours without enough breaks, and without a booth.

The worst part of this scenario is that many of these foreign colleagues are very good interpreters who come to the United States to hurt the market by working for that pay and under those conditions, and they do not see how they impact the profession. Multinational and small-peanuts agencies love these interpreters because they just buy them the cheapest plane tickets, put them all in a budget hotel or motel, and pay them for a five-day conference a sum of money that would only cover the professional fees of local interpreters’ one or two days of work. Sometimes the agency’s client suggests interpreters be brought from abroad to abate costs; they even argue these colleagues’ renditions are even better because they “speak the same language the audience speaks, with all of its expressions, and dialects, unlike American resident interpreters who many times speak with a different accent because they do not come from the attendees’ country.” It is true that many of these foreign interpreters are very good and experienced; it is also true that, in my case, their Spanish accent and some regional expressions may be more familiar to their audience full of fellow countrymen; however, it is also likely that these interpreters may have a difficult time when interpreting references to local politics, sports, places, and general culture used by the speakers; what we call “Americana”. I would argue that professional interpreters, by living in the United States, are exposed to all language variations in their language combination because, unlike most foreign interpreters, they routinely work with multinational audiences. I also believe that it is more important to understand what the speaker is saying, after all that is why those in attendance traveled to the United States for. A rendition that puts the entire message in context, and is transmitted to the target language with all cultural equivalencies is a more desired outcome than listening to a rendition from someone who sounds like you, but does not get the cultural subtleities, not because she is a bad interpreter, but because she does not live in the country.

But there is a bigger problem: Most of these interpreters brought from abroad are in the country without a work visa.  Entering the United States on a visa waiver or a tourist visa does not give them legal authority to work in the U.S.

This is a serious matter: Whether they know it or not, the moment these interpreters step into the booth, or utter the first syllable of their rendition, they are out of status, and they are subject to removal from the United States. The moment the agency, event organizer, university, business or organization brings one interpreter to the country they are subject to a fine. Not to mention reactions to the illegal hiring of foreigners to the detriment of American professionals in the court of public opinion.

If these interpreters are really the best for the conference topic, agencies and organizers may hire them and bring them to the United States, but they would have to do it legally, through a work visa application; and depending on the visa needed, there are complex and lengthy legal steps to be followed before the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS) Department of State (DOS) at the American embassy or consulate at the interpreter country of residence, and U.S. Immigration and Customs Enforcement (ICE) at the port of entry. The process is lengthy and it requires of an immigration attorney. Dear colleagues, if the event requires the expertise and skill of the foreign interpreter, agencies and organizers will cover the costly process. If they were only retaining interpreters from outside the United States to save money, the visa process’ length and cost will make it more expensive than hiring top-notch interpreters living in the United States. (https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers)

These interpreters, even if they worked illegally in the United States, must pay U.S. federal income tax for the work performed within U.S. territory. An exception exists for certain amounts earned by foreign nationals not living in the U.S.; Under this exception, compensation for services performed in the U.S. is not considered U.S. source income if these conditions are satisfied: (a) The service must be performed by a nonresident taxpayer temporarily present in the U.S. for a period of 90 days or less; (b) The total compensation for these services does not exceed $3,000.00 USD; The services must be performed as an employee of or under contract (in the case of a self-employed contractor) with one of the following: A nonresident individual, foreign partnership or foreign corporation not engaged in a trade or business in the U.S., a foreign office or foreign branch of a U.S. resident, U.S. partnership, or U.S. corporation.

Always remember this, educate your clients, the agencies you work for, and if you are getting nowhere, when you see interpreters who do not live in the United States working an event, and believe me, you will know because of the cultural nuances, consider reporting the incident to the immigration authorities.

This is not an issue exclusively found in the United States, it happens all over the world, especially in first world countries of Asia and Western Europe. It also happens next door: Again, American agencies in their tireless quest to make money and destroy the profession, take American interpreters to work in Mexico, and if they are United States citizens, they take them with no visa. I have seen phone books, publications, and websites advertising interpreters from the United States for conferences, industrial plant visits, and depositions in Mexico. Among the most popular arguments to lure event organizers, businesses, or Law Offices in the U.S., they assure them that American interpreters are more familiar with their lifestyle, that they are certified by this or that U.S. government agency, and they even imply that somehow Mexican interpreters are less capable or professional than their U.S. counterparts.

This is total nonsense. Mexican interpreters are as good as Americans, interpreters living in Mexico possess American certifications, and there are probably more interpreters in Mexico with a college degree in translation or interpretation than those we have in the States. Let’s face it, the only reason these agencies want to promote American interpreters is because when a lawyer, company or event organizer hires the interpreting team in Mexico they do not need the agency; they make no money. Unless you travel as part of a diplomatic delegation, a business mission, international organization, or you are an employee of a firm that takes you to Mexico to exclusively interpret for the company you work for; If you are an interpreter living in the United States and you take an assignment to interpret for a deposition, industrial plant inspection, or other job, unless you are a Mexican citizen, or you have legal authority to work in Mexico, you will be breaking the law and are subject to deportation. It does not matter that you speak Spanish, you must be allowed to work in Mexico. (Art. 52 y sigs. Ley de Migración. D.O. 25/5/20111 https://cis.org/sites/cis.org/files/Ley-de-Migracion.pdf) There are fiscal obligations for those working as interpreters in Mexico, even if they had no authority to work.

Because often the agency’s client or the interpreters do not know they are breaking the law, you should educate them so they hire local talent. Please remember, this is a collective effort, we must try to bring up fees and working conditions in every country according to this economic reality and possibilities. This will never be achieved by killing foreign markets with illegally obtained, procured, or provided professional services at sub-par conditions. You probably noticed that I skirted around VRI services. Although it could be as harmful as in-person interpreting services when left in the hands of unscrupulous multinational agencies, that is an entirely different matter that requires more research and study of legal theories and legislation. I now invite your comments on this very important issue.

Interpreting CJA cases is a bad business decision.

March 26, 2018 § 25 Comments

Dear colleagues:

A recurring theme among my court interpreter colleagues in the United States is the extreme difficulties they must endure when working under the Criminal Justice Act program (CJA). There are complaints about absurd paperwork procedures and unimaginable payment delays. Some colleagues’ invoices for professional services rendered under this program have been outstanding for over a year!

I worked with attorneys under the CJA program, but when the system changed about 18 months ago, and interpreters’ invoices had to go through the defense attorneys to get paid, and I heard some of the delayed payment stories from colleagues nationwide, I decided not to take CJA cases anymore.

For those of you who do not do federal court interpreting work in the United States, in 1964 the United States Congress enacted the Criminal Justice Act (18 U.S.C. § 3006A) to provide a system for appointing and compensating lawyers to represent defendants financially unable to retain counsel; and providing for payment of experts, investigators, or other needed defense services in federal criminal proceedings, including interpreters. Today, the Office of the Federal Public Defender, with the over 10,000 private “panel attorneys” who accept CJA assignments annually, represent the vast majority of individuals prosecuted in U.S. federal courts.

CJA panel attorneys are paid an hourly rate of $132 in non-capital cases, and, in capital cases, a maximum hourly rate of $185. These rates include both attorney compensation and office overhead. In addition, there are case maximums that limit total panel attorney compensation for categories of representation (for example, $10,000 for felonies, $2,900 for misdemeanors, and $7,200 for appeals). These maximums may be exceeded when higher amounts are certified by the district judge, or circuit judge if the representation is at the court of appeals, as necessary to provide fair compensation and the chief judge of the circuit approves.  CJA attorney appointments are made by the Court on a rotating basis among members of the panel. Freelance federal court interpreters are paid with the same system, but with an additional step: Before their invoice goes to the judiciary, it must be reviewed and approved by the CJA panel attorney who requested the interpreter’s services. I guess interpreters are officers of the court of a lower tier, so they must be policed by the CJA panel attorney, apparently an officer of the court of a tier higher than the interpreter.

This process, not required when interpreters work directly for the federal courts interpreting court hearings or out-of-court interviews for public defenders or probation officers, created a burden on freelance interpreters who now devote a considerable, uncompensated time to the paperwork and its unavoidable eternal follow up process, that often takes many months and even years. Interpreters are billing for the time they worked as interpreters in a case, but that time represents but a fraction of the hours interpreters spend on paperwork, and follow up telephone calls, emails, and in-person visits to the courthouse, trying to discover the status of a payment for a service provided long before. This time goes uncompensated, and interpreters cannot work somewhere else, and generate income, while they are tied up in bureaucratic nonsense and begging for payment of rightfully earned professional fees.  For all these reasons, and to keep my health, sanity, and dignity, as soon as the system started I decided not to take any CJA panel cases, and I have taken none.

I suggest you do the same. Once you do it, you will be surprised at the money you will save just by rejecting these cases. Those of you who know me, or have read this blog for years, know that I am always suggesting diversification in the profession among freelancers so you can keep steady income, and a stream of interesting assignments instead of a boring monotonous routine. Dear colleagues, there are plenty of options even if court and legal interpreting is your thing and you do not want to step outside your field.

The most desirable practice would be civil cases with well-established high-profile law firms. They generally handle interesting cases, have clients who understand and appreciate your work as interpreter, and pay excellent, professional fees when you negotiate correctly. Smaller civil law firms and solo practitioners are also a good alternative.

Next, you have the criminal defense private attorneys. They have time to handle their cases and they usually retain you for the entire case. Here your interpreting services are well paid, and you are exposed to challenging, but interesting cases. It is rare to work in a case involving white collar crimes when you spend your time providing services to public defenders and CJA panel attorneys.

Foreign law firms are also a very good choice. Globalization has generated a big multinational litigation practice, and those top-notch attorneys coming from countries where they do not speak English may need the services of a local court interpreter team. Fascinating topics, including intellectual property, foreign trade, mining, hazardous materials, are common with these clients. Family Law practitioners from these countries are also looking for interpreting services in cases of divorce, child support, international child abduction, and others.

If you want to fill in the rest of your agenda with more court/legal work, you can also provide interpreting services to the Office of the United States Attorney in your jurisdiction. Witness preparation, proffers, transcriptions, and other services are required by the AUSA. An added benefit: They are not bound by the (every-day lower) federal fees, so you can negotiate a much better compensation for your professional services.

If you like working with the federal prosecutors, then you must offer your services to the United States Trustee Program (USTP) for their exams and interviews in federal bankruptcy court cases. This is another source of legal/court interpreter income that pays well when you negotiate your fee correctly.

Finally, you can still work with the federal public defender and, if you want to interpret hearings instead of interviews, negotiations, and depositions, you can interpret for the federal courts. You will only make the set half –a-day or full-day fee, and you will usually get the same type of cases, but you will stay away from the long, demeaning, and never-ending invoice procedures associated with CJA panel attorney cases. As a less desirable option, but in many ways better than dealing with the CJA system, you could always work at the state-court level.

Dear friends and colleagues, there are plenty of alternatives to CJA assignments, even within the court/legal field. I believe that if you all were to do what I did from the beginning, the CJA system would have no choice but to change and become more interpreter-friendly. I do not believe on “fantasyland solutions” such as talking to chief judges and court clerks; it was tried in some districts and they accomplished nothing. We cannot continue to lose income, health, and dignity backing up a system that proved ineffective. I now ask you to share your comments with the rest of us.

Great news: Awaited changes for Spanish court interpreting are finally here!

March 24, 2014 § 8 Comments

Dear colleagues:

As many of you know, over the last few years there has been a tendency among Latin American countries to switch from their traditional, and much slower, inquisitorial written procedural legal system, based on Roman and Napoleonic Law, to the quicker adversarial oral Common Law system followed by many Anglo-Saxon countries, including the United States. These changes have been difficult and have required a long time. For many decades, and more so within the last twenty five years, many Spanish speaking individuals have been forced to seek the protection and advantages of the American adversarial legal system to assert their rights, exercise their defenses, and create brand new legal obligations. Differences in the two types of systems, and specialized terminology exclusive to them, made it difficult to communicate with accuracy and legal precision complex concepts that are essential to prevail in a contractual situation and in court. It was then that many concepts and terminology were created out of necessity by translators and interpreters in the United States and Latin America. In many cases with plenty of good intentions and in good faith, but without even considering legal figures and concepts. This is how we got the “first generation” of bilingual “legal terminology” born from a linguistic conception without a legal perspective.

Globalization, immigration, and the exchange of goods and services between the United States and Latin America, especially Mexico, brought us a more coherent and consistent terminology and legal doctrine based on comparative law. This made it possible for interpreters and translators (in the United States and Latin America) to work with attorneys and law firms that required an interpreter/translator with a more sophisticated knowledge of the subject matter and correct terminology than a defendant in a criminal case with no formal legal or business background. It is from this point in time that we see translations and hear renditions that make sense to the legally-trained individual, and use the same language and terminology that lay individuals used to hear back in their country of origin.  These terms and legal figures were correct and they could be found in the law; however, they still required of a legal expert interpretation to be correctly matched to their legal counterpart in the other legal system.

Finally this all changed. Due to the tremendous judicial backlog and the need for more transparency in the administration of justice, several Latin American countries decided to reform their procedural legal systems shedding the old written inquisitorial system and replacing it with the faster and more transparent adversarial system where proceedings are oral and open to the public.

There were many that debated the change but Chile and Mexico undertook the greater changes. Chile decided to create a new system based in part on the German legal system. Mexico decided to base its reforms on the legal system of the United States.

Dear friends and colleagues, the journey to an acceptable, accurate and coherent translation and rendition is finally over: On March 5, 2014 Mexican President Enrique Peña Nieto signed into law the new Federal Code of Criminal Proceedings applicable throughout Mexico.  This new legislation will apply to all criminal proceedings at all levels: local, state, and federal. This new system embraces an adversarial system similar to the one applied in the United States with public and oral hearings, rules of evidence taken from the American legislation and adapted to the Mexican culture, and a sentencing system based on the one used in America. The biggest differences between the Mexican and American systems are found in the trials. Mexico will only have court trials, the U.S. has both: court and jury trials.

These new legislation gives us the equivalent legal figures, procedural stages and terminology necessary to do a precise rendition and an accurate translation. Moreover, by integration, reference and interpretation, all substantive terminology contained in the criminal, civil, constitutional, and administrative legislation will now make it easier for any interpreter or translator to use the correct terminology and legal concepts. This legislation has been analyzed and drafted by legal professionals; it contains all required legal concepts and structures needed to have a coherent product, and creates, just like American legislation, a separate but precise legal terminology derived from legal concepts and not linguistic considerations. Remember, this is not English, this is not Spanish. We are talking about legal English and legal Spanish. In fact, we are referring to American legal English and Mexican legal Spanish. Translators and interpreters will be able to communicate the legal message to their clients without any ambiguities. No more “agreement/ contract/convenio/acuerdo/contrato salad.” We now have the correct legal figures for each situation. This new terminology is the one that the brand new Mexican court interpreters and legal translators are learning and will use during the proceedings down there.

Some of our colleagues may resist this change but it is inevitable. Arguments that the terminology is too technical and their clients will not understand it do not apply anymore. This is the same terminology they will hear in their own countries, at least the overwhelming majority of the litigants who are from Mexico, or have a connection with Mexico.  We have to keep in mind that we have been using a combination of terminology that was never correct and some valid terms that are now obsolete. You cannot continue to say something wrong and make it right by mere repetition. It is also important to remember that good court interpreters should widen their practice, and only those who can be understood will work with Mexican attorneys. Even attorneys and judges from other Spanish speaking countries will favor the Mexican terminology as it is legal terminology and not just a translation with no legal foundation. Those of you who may consider taking the Mexican court interpreter certification (not in place yet) in order to work in court south of the border, and even those of you who may want to do depositions in Mexico will need these new legal terms. This is the time to learn and grow. This is the time to be ahead of the rest and find your place in the new market. Unfortunately, this is also the time to become obsolete and irrelevant.

Although the law is already gone into effect, the new legal system will be fully implemented by 2016 so there is time for all of us to learn and be ready.

For all of these reasons I have been studying the new legislation, and because of my unique position as an attorney who knows both, the American and the Mexican systems, and as an interpreter who has plenty of experience in both systems, I have designed a series of workshops on this subject. I will teach the first two workshops based on this brand-new Mexican legal system in Mexico City on March 29 & 30, and in Guadalajara Mexico on April 5. In the United States I will teach these legal changes for the first time on May 16 as an all-day pre-conference workshop within NAJIT’s annual conference in Las Vegas Nevada. I invite you to attend these or other workshops that I will be teaching on this subject, and I invite your participation and comments on this issue right here on the blog.

Do court interpreters need to understand the legal proceeding they are interpreting?

May 13, 2013 § 8 Comments

Dear colleagues:

Many times during my career when working as a court interpreter I have been told by some colleagues that they do not enjoy court hearings where attorneys argue the law.  They say they much prefer to interpret witness testimony because the hearing is about the facts of the case and not about the law.  More than once, when I have asked a court interpreter what was the hearing she just finished about, the answer has been: “I don’t know, legal things, boring stuff.” Some others have told me that it was “…lawyers arguing…and I didn’t understand…”

I have always approached my work with the idea that you cannot interpret what you do not understand. To me it seems impossible to do a good job when you cannot interpret in context, when you do not know where the speaker is taking the argument to. I understand that not all court interpreters went to law school and some of the issues litigated in court are difficult to understand even for lawyers and judges.  I am also aware of that “blank” our mind seems to produce after we finish working. In fact, for my own sanity I am glad it happens. “In one ear…out the other…”

This is not what I am referring to in this posting. I am talking about the minimal legal knowledge a court interpreter needs to have to do a good job. I also know for a fact, because I have a law degree, that the more you understand the proceedings, the better your rendition, because you will be able to follow the trend of thought, to anticipate the speaker’s next move, and to employ the correct terminology and vocabulary.  I believe that court interpreters should at least know as much about the law as a paralegal. We need to understand the issues to be litigated in a motions hearing so we can do a good rendition. We also need to understand the process during that hearing; we need to know what is allowed and what is not.  Court interpreters should do their homework and prepare for a trial or hearing, but on top of that they should know rules of evidence and rules of criminal and civil procedure. It is easier to interpret a trial when you actually know why the attorney is objecting to a question and how he is objecting to it.  In my experience it is this type of knowledge that lets you develop a strong relationship with the big law firms, with the key players in the legal world. Court interpreting is as much a part of that world as it is of the world of linguistics. Unfortunately, some colleagues do not seem to realize it

It is for this reason that during the NAJIT Annual Conference in St. Louis Missouri I will be presenting in Spanish: “Evidence. A comparative Study between Mexico and the United States.”  During the presentation I will walk those attending trough the evidentiary process in the legal system of the two countries where the people we more often interpret for either live or come from.  We will cover topics such as discovery, admissible and inadmissible evidence, types of objections, exceptions to the hearsay rule, different burdens of proof, judicial notice, best evidence rule, and many more.  I invite you to attend the presentation on Sunday, May 19 at 11:00 am during the NAJIT conference in St. Louis.  I hope to see you there, but even if you are not able to attend, please tell us if you believe that court interpreters should know the basics of the law, and specifically procedural law.

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