The other danger interpreters face during the COVID-19 pandemic.

March 23, 2020 § 7 Comments

Dear Colleagues:

At the beginning of the year it looked like we were on our way to a great professional future. The booming economy, new technologies and new clients coming into the interpreter services market gave us a feeling of security. Then, it all collapsed. Our shiny future disappeared overnight. The rapid propagation of COVID-19 throughout the world brought the economy to an almost complete halt. Conferences were postponed or cancelled, courthouses closed their doors, hospitals regular routines were dramatically transformed by the overwhelming demand for beds and medical staff. The airlines did not fly anymore, and we were told (sometimes ordered) to stay home. To most independent interpreters this meant a total loss of income for the foreseeable future, coupled with uncertainty, anxiety, and fear. Many of us have seen our source of income disappear, our savings go down, and the money we had, and our retirement funds diminish or vanish in less than a week.

This is the world where we live at this time: health risks, no reliable source of income, and a future nobody can yet forecast in the short and mid-terms.

Unfortunately, there is no time for lamentations; we must keep our minds on these basic goals: Stay healthy; help to stop the spread of this virus by following the rules, spend our money wisely, and protect our profession. Yes, dear friends and colleagues, at some point we will go back to our professional practice, and it is what we do now, during this pandemic, that will determine how we will work once this is all behind us.

Unfortunately, some unscrupulous entities have emerged to prey on our more naïve colleagues and on those who have been affected the most. A despicable multinational translation agency offers work at reduced fees because of the crisis; there is another one telling interpreters to offer remote interpreting services to their direct clients, set the “per-minute fees”, and “just” pay the agency 25 percent of the fee for the use of their platform. Other agencies from less developed countries are taking advantage of this crisis to enter developed economies and offer remote simultaneous interpreting from abroad, using interpreters being paid ridiculously low fees for their services.

Yes, dear friends, they are suggesting you charge “per-minute”, and a platform for 25 percent of your fee. Not even professional athletes’ or movie star’ agents make this money. They get 15 percent, and they represent and protect the interests of their clients. More for your money than just providing a platform.  And there are vendors all over the internet bragging in a celebratory manner they have been saying for a long time that remote interpreting was the future, the solution to all multilingual communication problems. Sadly, some colleagues are taking the bait.

Under current circumstances, regardless of the work you do, it could be tempting for healthcare, court, community, or conference interpreters to accept an assignment from one predator. A “per-minute” payment, a solo assignment, or a reduced daily fee may look good when you have nothing better on your schedule. Please do not do it. Taking these offers will sentence you to a life term of mediocre pay, to a career of second-class assignments, and to a terrible reputation among your peers. In other words: Nobody will ever recommend you for an assignment or willingly work with you again.

There are other ways to procure income without permanently damaging your career: The first thing you need to do is contact all your direct clients, in a tactful way, let them know you are here to help them through these terrible times, and ask them for a time to talk on the phone or chat online about possible solutions.

Then, contact other entities and individuals you have worked with. If you work with a business five years ago through an agency, contact them and offer your direct services for a real professional fee.

Finally, be creative, look around and see who in your immediate universe could benefit from the services of a professional interpreter.

Even if you are working remotely, you must charge your regular professional daily (not per-minute or hourly) fee, plus expenses (depending on the service). If you have to do in-person or on-site interpreting, therefore leaving your house and be exposed to the virus, charge an extra high-risk fee. Do not feel bad about it. This is what professionals working in high risk areas (war zones, high-crime countries, etc.) have always been paid. Look at today’s news and you will see how all big companies are paying an added bonus to their employees who have to work outside their home. The client may cry first, but after a good explanation they will comply. If not, do not work for that client. Obviously, they do not care about you, so why should you care about them?

Currently, in our world, there is a difference between this anomaly’s “reality”, and true reality. During these exceptional times we must satisfy our clients’ needs, make a living and keep our client base.

At this time, we should contact our clients to tell them there is an option, and explain to them that remote simultaneous interpreting is better than noting: it will keep everybody safer, and it will solve urgent and immediate issues. We have to warn them about the voices preaching remote simultaneous interpreting as the salvation of globalization. We must be polite when talking to our clients at this time, always remembering they have problems bigger than remote vs. in-person interpreting. They are trying to save their businesses.

We need to be clear, but we should not lie. We can explain that remote simultaneous interpreting is a viable option for certain business meetings and negotiations, but not for them all. When confidentiality due to the information exchanged, or face-to-face negotiations are necessary to close a deal, in-person interpreting must continue.  We have to let them know of the many risks they would face when using remote simultaneous interpreting for a big or important event. Technology, geography, weather, physics (speed of sound) and lack of visual clues for the interpreters will be risks they need to consider. Tell them of the events that have failed. Platform vendors and interpreting agencies will not address these situations. A good example everyone can understand is the bad experience the Biden campaign went through several days ago when attempting to do a virtual event. (https://www.cnn.com/2020/03/13/politics/joe-biden-virtual-town-hall-technical-trouble/index.html)

Also explain the risks involved in remote simultaneous interpreting when the interpreters are working from a developing country (Please see my post: https://rpstranslations.wordpress.com/2019/10/17/the-very-real-dangers-of-remote-simultaneous-interpreting-from-our-home/)

You have to make sure your clients understand remote interpreting is appropriate during the crisis, but it cannot be adopted as the preferred option once things go back to normal. We must underline that even when remote interpreting may be a solution, it should not be done from a person’s home, and never by a single individual.

These steps should be taken by all interpreters:

Non-negotiable rule: Absolutely no chuchotage!

Keep your distance at all times. There will be little escort interpreting at this time, but all whispered interpreting, escort, during a press conference, or elsewhere is out of the question. Portable interpreting equipment like the one used by tour guides and court interpreters should be used. Make sure the client’s headphones have disposable protective guards, and dispose of them after every event or when you switch users. For health reasons, I suggest you ask the client to rent the equipment, but if you have to use your own, please charge extra for the equipment, disposable protective ear guards and microphone guards, and disinfectants.

Healthcare interpreters.

If you are a healthcare interpreter, right now you should be working from home using a computer, a tablet, or a telephone. Most reputable hospitals are already following this practice, but even if they have not instituted it, you must set it as one of your working conditions. These are extraordinary times. If it has been good for remote town in Alaska during all these years, it has to be good for New York City or Chicago today. If your physical presence is absolutely necessary, wear safety gear furnished by the hospital (no gear = no interpreter. Sorry) try to work from a different room in the hospital, and if you must be in the same room as others, keep your distance and use portable interpreting equipment provided by the hospital. If someone needs to get closer to the patient because it is hard to hear what they say, let medical staff do it. In the worst possible scenario, they can put a cellular phone by the patient’s mouth so you can hear on another phone at a safe distance. Please remember to charge for your services as described above. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.

Community Interpreters.

There is no reason for community interpreters to be providing in-person services. All work can be rendered by phone or video. Schools are out almost everywhere in the world, and government agencies that provide social services and benefits can call you at home for you to interpret for an applicant or benefit recipient. Here again, please charge. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.

Court Interpreters.

Most courthouses have continued hearings and trials worldwide, but there are some court appearances that must take place even during toe COVID-19 pandemic. For these services, interpreters must demand remote work, even if it has to be via telephone and rendered consecutively. Most hearings will be short as they will likely be constitutional hearings (arraignments, bond redeterminations, conditions of release, protective orders, probation violations, etc.) if an interpreter is asked to appear in person, all work must be performed using the court’s interpreting equipment (portable or fixed depending on the venue) and under no circumstance interpreters should agree to close contact with victims, defendants, petitioners, plaintiffs, respondents, or witnesses.

Jails, prisons, detention centers, and immigration courts carry additional risks and interpreters should refuse work, unless it is remote, at these locations. Like all others, court interpreters should charge their professional fees as mentioned above in this same post. Please see AIIC best practices for remote simultaneous interpreting during the COVID-19 crisis below under “Conference Interpreting”.

Conference interpreters.

Always remembering everything discussed above about remote simultaneous interpreting, conference interpreters must be very clear when talking to their clients.

First, they should try to convince the client to postpone the event until it is possible to do in-person interpreting, only doing what is necessary to keep the business running and protect the company, its customers, and its employees. It is very important we emphasize that the service we are about to provide is an anomaly. We have to explain to the client that the conditions will not be the best, that even with the best platforms, the interpreters will be working from home, not a soundproof booth, and they will not have on-site technical support. The client needs to know there may be interruptions to the electric power, interference by other internet users, background noise coming from next door, or because your children and dogs are at home, even if they are in a separate room. Explain that you can use one of the free platforms, a paid platform you already use for other things, or that you could download and install another one they may prefer as long as they pay for it. Something as simple as Skype can save the day under these circumstances. Remember that it is unacceptable to do a remote interpretation lasting over 30 minutes without a booth partner (at least a virtual booth partner somewhere else in the world).

Before you provide the service the client must sign a written contract where you will detail your daily fee, the total hours you and your teammate will work per day, overtime fees, and a cancellation clause which must include postponements or cancellations for force majeure (sometimes half of the total fee, sometimes the full fee depending on the time you are notified of the postponement or cancellation. Under these conditions cancellations will be on short notice, so the fee must be a full amount). Your contract must include a release of liability where the client and all others participating in the event, directly or indirectly, release all interpreters of any liability due to any events or circumstances related to the remote service. Also, include that only the law and courts of your country will have jurisdiction over the contract and event. That way you eliminate the need for foreign or international law attorneys and overseas litigation if this happened. Finally, inform your client of all best practices for remote simultaneous interpreting by AIIC (even if you are not a member), and do your best to adhere to them all. (https://aiic.net/page/8956/aiic-best-practices-for-interpreters-during-the-covid-19-crisis/lang/1)

You have to keep in mind that there is a difference between RSI platform providers and interpreting agencies. Always go for the platform providers with your direct clients. Here you are in charge. It is less desirable, and even discouraged, to do RSI through an agency. They will call the shots, communicate with the client, and negotiate your pay with their client, always looking after their own margins. I will soon deal with this issue on a separate post.

Please turn down low paying jobs. They insult our profession. Before selling your soul to an agency, try the strategies I suggest above. Be polite, professional and show empathy when you talk to your clients. Whenever possible, try to help a colleague by referring them to an assignment you cannot or will not take. More important, be patient, stay home, and stay healthy.

I now invite you to share your thoughts about this “other” very real danger we face as interpreters at this time.

What we learned as Interpreters in 2019.

January 13, 2020 § 6 Comments

Dear Colleagues,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The very real dangers of Remote Simultaneous Interpreting from our home.

October 17, 2019 § 18 Comments

Dear colleagues:

The idea to write this piece came almost a year ago when talking to some interpreters I noticed a growing tendency to quickly move the still very young remote simultaneous interpreting (RSI) from the studio to the interpreters’ homes. I conversed with many of my colleagues throughout the world, attended conferences where the topic was discussed, spoke with clients, event organizers, and I also had long, detailed conversations with lawyers and people from insurance companies.

RSI is a true achievement of science and technology, combined with interpreting expertise by some prominent interpreters. Many of its more serious technological issues have been solved, and we are at a point where quality interpreting can be delivered remotely when done as many of my colleagues and I understood it was supposed to be done.

My personal experience, and that of other trusted interpreters, show Interprefy and Kudo (which I have not tried yet) as the most user -friendly platforms, and technology is not the only reason. These platforms were carefully developed with great input from experienced professional interpreters whose comments, suggestions, and opinions were essential to the final product. Unlike others, from the beginning, the people behind these platforms understood RSI was a different way to deliver professional interpreting services; they recognized that quality interpreting can only be delivered when interpreters interpret under the most favorable conditions. Their success depended on getting the best human talent, optimal working conditions, and the best support team. They presented a serious, viable alternative to in-person interpreting by creating RSI studios where interpreters could work in a booth, as a team, and with the required technical support. This was a great idea and positive results came in in both cases. Up to here, everything was on the right path, with perhaps a few wrinkles to be ironed out, and we will talk about them in a moment, but with some of the biggest issues already addressed.

Unfortunately, sometimes greed, overconfidence, or lack of knowledge can cloud even the most successful vision, and it is happening now with these and other platforms: For all, or some, of the reasons above, those in charge of recruiting talent, or organizing events, are encouraging RSI from home.  The idea of the studio where interpreters would work as a team sitting side by side in a virtual booth at a facility where technical support would be available has moved aside to leave a prominent place to remote simultaneous interpreting from the interpreters home or office.

I have attended conferences and other events where RSI platforms and agencies are actively recruiting interpreters from countries with emerging economies to provide remote simultaneous interpreting services from their homes. These colleagues are told of the professional and economic personal benefits of working big events, often otherwise inaccessible to them because of geography, by setting up a “studio” in their own house. They hear all they need is a highspeed internet connection, a professional quality microphone and headset, a computer, and two good screens. Sometimes they are told to condition a house room to be soundproof, which they are told, would be easy and inexpensive. These colleagues are offered fees well below those charged by interpreters in developed markets.

The above proposal is enticing and it sounds great to many interpreters all over the world. Some think of a little corner in their house that can be turned into their home studio; others believe that they are good at repairing things, or they know a lot about computers, so setting up their hardware would be a piece of cake. All that may be true, but it is like the worm on the fisherman’s hook, it looks good, but it also brings all kinds of hidden dangers to the individual interpreter. Let me explain:

The first thing interpreters considering RSI need to understand, and this also applies to those who only work at the RSI studio, is this is a new kind of interpretation. It is not conference interpreting, even though they both share many things as far as preparation and rendition. RSI interpreting requires interpreters do extra tasks they need not perform when interpreting a conference in a traditional booth. RSI interpreters must use a keyboard to communicate with each other, the tech support team, and sometimes the person directing the event. They read messages on their screens and hear things in their headsets traditional conference interpreters do not: “get closer to the microphone”, “do not move around that much because the microphone captures the noise and transmits it to the audience”, “we will run a sound test during the break”, are some instructions RSI interpreters will hear during an event while they are interpreting. They will also have to answer questions from technical support, the person directing/coordinating the event, and other interpreters from different booths, by typing messages while interpreting. RSI interpreting requires interpreters perform more tasks than those they perform when working a conference in a traditional booth. This is doable; interpreters can practice and accomplish these tasks, but the bottom line is that, compared to traditional conference interpreting, these interpreters are asked to do more work. We all would agree that more work = higher pay.

Contrary to interpreting agencies’ talking points, RSI interpreters should be paid more than their counterparts working in person. Agencies and organizers are getting their savings from avoiding travel expenses and setting up equipment at the venue. Interpreters should get paid according to the work they do.

Another issue of great concern to interpreters, not so much to agencies and event organizers, is the risk of acoustic shock. As many of you know, acoustic shock disorder (ASD) is an involuntary response to a sound perceived as traumatic (usually a sudden, unexpected loud sound heard near the ear), which causes a specific and consistent pattern of neurophysiological and psychological symptoms. These include aural pain/fullness, tinnitus, hyperacusis, muffled hearing, vertigo and other unusual symptoms such as numbness or burning sensations around the ear. Typically, people describe acoustic shock as feeling like they have been stabbed or electrocuted in the ear. If symptoms persist, a range of emotional reactions including post-traumatic stress disorder (PTSD), anxiety, and depression can develop. (http://www.hyperacusis.net/other-factors/acoustic-shock-disorder/)

We are talking about losing our hearing! This is a career-end risk that interpreters are not told when offered a job to deliver RSI from home. The dangers of this happening to any of us should not be taken lightly, but when working from an RSI studio, we can demand the best conditions to prevent an event that causes these incidents, and to minimize the impact of the event if it happens. All interpreters should discuss this risk with their clients, and demand the proper infrastructure and hardware to prevent a tragedy, including appropriate headsets for those colleagues without their own. This situation could happen when interpreting at the RSI studio, it could even happen during a traditional conference interpreting assignment, but the risk will be much smaller because the service would be provided in a controlled environment with the appropriate equipment. When working from home, interpreters have no control over these dangers: power supply fluctuations, solar flares, weather-related factors such as electric storms, satellite trouble, internet or telephone system failure, are all risk factors interpreters are exposed to when working at home. Remember: this can be a career-ending event, or at the least a very expensive medical treatment, coupled with loss of income due to a long period of interpreting inactivity due to poor hearing.   Interpreters need to make sure these issues are discussed with their clients and covered in the professional services contract.

There are many other concerns derived from RSI interpreting at home: Interpreters are professionals and they are expected to do their job: Interpreting, researching the subject of the conference, adapting their delivery to cultural considerations to make communication happen between those who do not share a common language. They are also expected to prevent and solve language-related problems that may come up during their rendition. They are neither equipped, nor expected, to deal with technical difficulties or problems derived from the installation or performance of the interpreting equipment, sound system, or any other non-linguistic or cultural issue.  Interpreters are not mechanics, electricians, sound engineers, telephone repairmen, software engineers, or IT experts. Even those who claim to be “amateur experts” do not have to be so. These services are needed to deliver interpreting services, but they are not provided by the interpreting team.

Because technology is so important in RSI, and because interpreters have limitations, the only way to guarantee (to a high degree) a successful event is by delivering the interpretation from an RSI studio where interpreters wit side by side and work as a team, and technical support is on site.

There are other considerations that are as important as the ones so far expressed in this section, that cannot be satisfied to professional quality when interpreting takes place in a house, office or apartment. Interpreters do not have all needed equipment, and even if they think they do, it will probably be outdated. Technology changes so quickly that it would be practically impossible and unrealistic to expect interpreters to keep up with the latest products, and then acquire them at their own expense, and properly install them to be used at the next home RSI event. At home, interpreters are alone, there is no technical support, other than a guy a the other end of the phone line, trying to explain to a lay person how to troubleshoot, diagnose and repair a technical issue while the event is in progress, and the other interpreter takes over the rendition for an uncertain period, with all its unwanted consequences due to mental fatigue and additional stress, until the problem is corrected or the event has to be cancelled.

When working from home, interpreters do not have a boothmate next to them. There is no support/passive interpreter assisting with research, writing down figures, and so on; in fact, to communicate with each other, they must type a message while interpreting, adding another layer to the very complex task of simultaneous interpreting. There is also the possibility of having technical difficulties that may keep an interpreter from taking over when their turn comes up, leaving the original interpreter on the mike for potentially hours. There are also the mental and biological considerations. Because RSI happens worldwide, one interpreter could be working from her home in Tijuana, Mexico while the other could be in Fukuoka, Japan; a difference of 18 hours. One interpreter could be fresh and energetic while the other could be tired and fatigued because she would be working during the night. This differs from traditional interpreting when we travel to the venue and get used to the time change before the rendition. With RSI from home, one interpreter could be sound asleep and then interpreting a complex scientific conference 30 minutes later. This is bad for the well-rested interpreter counting on the exhausted interpreter; it is unfair to the interpreter who just woke up because she is now working during the night after working all day the day before; and it is bad for the client as the rendition will suffer.

One danger from RSI at home concerns national infrastructure. I see agencies and promoters recruiting interpreters all over the world; I have seen them selling the job to colleagues who work with less common language combinations, a very desirable resource to these agencies, but live in countries where the technology and infrastructure may not be at the level needed for a successful RSI job. Power outages are an everyday event in many countries; this would kill an event, or at least, leave one interpreter working solo because the other one will have no way to continue. Outdated telephone systems, sub-pair internet speed, unreliable infrastructure such as poor satellite coverage or cellular phone towers will also kill the event, or at the least deliver a low-quality rendition for causes with nothing to do with the interpreters’ performance.

Living conditions can be a real problem. A dog barking, a neighbor mowing the lawn, kids playing next door, or ambulance sirens from a nearby hospital could diminish the quality of the service.  Unlike an RSI studio, a “sound-proof” home studio by an interpreter is not a professional studio.

Now let’s talk liability. Does the RSI home interpreter’s professional insurance policy cover RSI from home? Until today, I have seen no policy that covers such service; interpreter professional liability insurance policies do not even cover RSI at the studio. Period. The thing is, until there is clear coverage of this professional service, interpreters can argue that RSI at the studio can be equated to conference interpreting from the booth.  Also, just like at the convention center, interpreting from the RSI studio falls under the agency’s or organizer’s liability, not the interpreters’.

This is a real issue and we need to talk to the insurance companies to make sure there is a policy that covers these new modes of interpreting. The premium will be higher, and we need to be ready for that by factoring in the new cost into what we charge for providing our services.

A lawsuit could put you out of business for good, and losing in court because of a power outage , a poor telephone service, slow internet, or a noisy neighbor, while the agency/organizer who transferred this liability to you by getting you to work from home, stays in business would be an injustice.

This problem does not go away, even when interpreting from a different country, half world away from the event. Some countries’ legislation allows the injured party (client) to sue you regardless of where you are from, where you live, or where you provided the service from. The United States is one of these countries. It is a matter of jurisdiction.

The law allows for long arm jurisdiction, so a court, let’s say in the United States, can admit a lawsuit against individuals or corporations not physically within the United States, as long as there is a connection to the country, such as the client, the venue, the agent/organizer, equipment manufacturer, etc. (Becerra Javier. Dictionary of United States Legal Terminology. English-Spanish. Escuela Libre de Derecho 2008). All that is needed is the commission of a tortious act within the United States or affecting an individual, organization, or corporation from or doing business in the United States (International Shoe Co. v State of Washington. 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95) These are some reasons why the United States can create a trade embargo against foreign nations. In the past, even when the parties had no apparent link to the United States, American courts have taken jurisdiction because of certain nexus to the country. Even if you are at home in South America interpreting a conference in Africa for a European client, if you used Microsoft, Apple, Google, IBM, INTEL, an American telecommunications satellite, etc., a judge could admit a lawsuit against you for professional malpractice or negligence due to a defective internet connection or outdated hardware at your house.

The United States follows a contributory negligence system, so even if the agency/promoter is sued, you could be sued as well for contributing to the problem by such things as providing this service from home without knowing about computers, remote interpreting, sound, the condition of your home electrical outlets, the last time you backed up your system, etcetera. Having professional liability insurance coverage that works in the United States will help, because even if sued, the policy will protect you to your liability limit. These are issues that must be discussed with insurance companies, and I believe that until there is a policy that clearly covers these legal situations, I would close the home office and go back to RSI from the studio. I have talked to several tort, malpractice attorneys and insurance company lawyers and they are all catching up. As of now, insurers’ efforts are focusing on how to deny you coverage under current insurance policies.

I understand there is much to be said and researched, including how long is the arm of the law, but for now, and until we know what we professionally, medically, and legally face, I believe the success and full acceptance of RSI in our corporate, academic, diplomatic, and governmental worlds should be handled with caution. This includes going back to RSI at the studio as it was once welcomed and cheered by so many of us. I for one, as an experienced professional interpreter, and as a lawyer, will limit my RSI practice to the studio with a real partner next to me. I will also continue to educate my clients and colleagues on the dangers of working from home, and will talk to many more lawyers and insurance companies about the lack of coverage. That will give interpreters peace of mind. I hope the prestigious platforms follow and those greedy agencies/organizers understand the enormous risk they are taking by continuing to foster home-based RSI. Please let me know your thoughts on this so dangerous risk many of our colleagues are taking without even thinking about it.

Interpreter certification: A fight against the establishment.

May 1, 2017 § 3 Comments

Dear Colleagues:

Many of us have devoted years to the struggle to achieve recognition towards the professionalization of what we do. In most countries, interpreters need not have a college degree, the occupation is highly unregulated, and society lacks the knowledge to demand a high-quality professional service. An important number of countries have exercised to a degree some control over who can interpret in certain fields: legal and healthcare interpreting now requires of a certification in several countries. Whether it is called certification, patent, license, or anything else, this is an important step towards professionalization. It is a way to compensate the lack of formal education by giving individuals a chance to demonstrate that they have the minimum skills to practice as interpreters. It reminds me of the beginnings of other now well-established professions. Two centuries ago, people in the United States could become lawyers by passing the State Bar without having to attend Law School.

Although certification does not guarantee the quality of a rendition, it allows the user to decide if an individual is at least minimally qualified to provide the service. This quality-control becomes very valuable to society, but we must be very careful as it is not always what it should.

All professions certify, admit to practice, or something to that effect, their members in one of two legitimate ways: By an administrative act sanctioned by a government because of passing a knowledge and skills test, or, by an administrative act sanctioned by the individual’s peers through a professional association because of passing a knowledge and skills test.

In the United States, and other countries, court interpreters acquire their certification through the former system, while healthcare interpreters get their credential through the latter.

Both systems work fine because they meet the requirements that guarantee an unbiased decision solely based on merit, not self-serving reasons. Besides meeting certain moral and legal requirements, this is achieved by passing a scientifically developed exam rated by an impartial qualified jury. Certifications can only be universally accepted and recognized when they come from such a process. For this reason court and healthcare certifications have become the standard of the profession in many countries.

Unfortunately, because of the lack of legislation, the high demand for inexpensive interpreter services, lack of knowledge by the potential client, and the existence of paraprofessional interpreters willing to work for next to nothing for their quality-absent services, have created a perfect storm for worthless so-called “certifications” that currently inhabit the market in the darker corners of the ugly face of interpreting, feeding themselves on the ignorance, fear, and cowardice of the pariahs of this profession.

Many language agencies advertise their interpreters as “certified” because they have been tested online or by phone and passed an unscientific exam not developed to learn if an applicant is prepared with the minimum professional skills to do the job. Instead, the motivation behind these “exams” has to do with marketing the service, and protecting the agency if a lawsuit occurs caused by the incompetence of their so-called “certified interpreters”. No data is available on the science behind their exams, and there is no information on the quality and impartiality of those rating the examinees.

It gets even worse: many community interpreting, telephonic interpreting, and supposedly healthcare and legal interpreting agencies advertise as “certified” interpreters individuals who attended a workshop, took a class online, read a manual, or went to a class without even taking an exam! The website of one agency brags about the “training” of their “certified” interpreters taught “national ethics and standards of practice for interpreters” in the United States. The problem is there is not such a thing. Each field has its own code of ethics. It also claims that their “certified” interpreters, who apparently work in legal situations, get “…basic skills pre-session preparation…” and they also get skills on “…closing the session…” These are no doubt important issues in healthcare interpreting, but not even the terminology exists in legal interpreting. I wonder how this knowledge, or learning “information on community systems (K-12 schools…)” will show that an interpreter is ready to work in a courtroom, detention center, or law office. Some brag about the number of training hours they offer to their interpreters, but they do not require that they pass an exam; much less a real scientific exam like the ones real certified interpreters must pass. Most of the training hours are devoted to practices to protect the agency from liability, to make the business plan more profitable. Whether they require an online test or just a bunch of classroom hours on a curriculum they created, they have as their main goal to create this impression that their interpreters are certified. They never disclose that their certifications are not officially recognized, that their exams were not scientifically developed, or that they have a vested interest: to offer the paraprofessional services of these “certified” interpreters at a lower cost so they can profit more.

This is not the only problem, dear friends and colleagues, official government policy can also be the main obstacle faced by interpreter certification. I was contacted some time ago by the government of a country outside the United States.  Mexico’s legal reforms took the country from a written court system to an adversarial oral system similar to the one in the U.S.

I was asked to participate in a training program for the new court interpreters for the oral proceedings. I was told this curriculum was necessary for these interpreters to get ready to pass a (certification) test and get what Mexico’s legislation calls a court interpreter patent (same as the certification in the United States, or the licensing in Texas). I was asked to provide may documents and information, even to develop a prospective curriculum and bibliography for my portion of the training (8 hours a day, Monday through Friday for three weeks). The full program was supposed to have a duration of three months at the same pace, and it was to be taught on the campus of the largest college in that Mexican State (Mexico is divided in States just like the United States of America).

After months of negotiations, where I made many concessions regarding the money I would be paid, and my expense account during the three weeks I would be living in that city, and after agreeing to cover my own airfare, to get these young prospective court interpreters what they needed to have a successful and meaningful career, the government officials continued to ask for more documents and concessions, until I gave them an ultimatum. At the end the answer was the one I feared all along: They would not retain me for the program because I was too expensive, but also, because I was a foreigner. They decided that only locals could teach the program. I have no problem with the local talent, and I know some of the other instructors and I vouch for their skill and expertise. The thing that puzzled me was that out of all the instructors, I was the only one who was both: interpreter and attorney, and I was the only one with experience working as an interpreter in court. The decision from above, taken by people who know little, or nothing, about court interpreters, left the certification program for that Mexican State with no court experienced instructors.

In the present world where a college education for interpreters is still years away in many countries, interpreter certification programs play a huge role in advancing the career and protecting the user of the interpreting services. Society must know of these malicious self-serving “certification programs” that are roaming out there with no supervision or regulation. It is imperative that more colleagues get certified as court and healthcare interpreters in the countries, and languages, that the credential is offered. On June 1, of this year, my colleague Javier Castillo Jr. and I have prepared a four-day workshop to prepare those who will be taking the oral portion of the court interpreter federal exam in the United States at the University of North Carolina in Charlotte this summer. The workshop will also help those taking court interpreter oral exams at the State-level, as we will dissect the test, explain what matters to get a passing score, and will practice with tailor-made exercises designed for these workshops you will find nowhere else, so that when the four-day program ends, those who took the course can get a personalized evaluation and know exactly what to do to pass the test. (You can get more information by going to www.fciceprep.com)

As you can see, the road to professionalization is full of obstacles, and some need to be eliminated to get the needed recognition to those legitimate certifications. I now invite you to share with the rest of us your comments on this issue.

The interpreter cannot be responsible for the agency’s mistakes.

July 13, 2016 § 6 Comments

Dear Colleagues:

The interpreters’ work is very difficult and complex. We have to prepare for every assignment, pay attention to many details; and on assignment day, we are expected to be on top of our game. Any mistakes, misuse of words, or omission could be critical and carry dire consequences.

We know this. We understand that, as court interpreters we need to do a complete and accurate rendition keeping the correct registry so that the judge and jury can assess the credibility of a witness. We are fully aware of the importance of an accurate and culturally precise interpretation in the emergency room.  We know that people go to a conference to learn and be informed; and we never forget that those in attendance have paid a lot of money to listen to the speaker, or were sent by their nation or organization to defend or advance an idea that could affect the lives of millions. This is all part of our job. As professionals we embrace it, and we strive to render interpretations of the highest quality and precision.  As interpreters, we also know that sometimes we have to reach our goal under adverse and unfriendly conditions.

The difference between a professional interpreter and somebody attempting to interpret, is that resourcefulness and professionalism let us do our job not just by excelling in the booth, courtroom or hospital, but by anticipating and solving many problems that can arise during a medical examination, a trial, or a keynote speech.  We come prepared, and direct clients, promoters, agencies, courts and hospitals know it.  This is a fact and we are proud of it; however, we should never take the blame for an agency’s mistake, or take on the burden of solving a situation when it is clearly the agency’s duty to do so.

I know so many cases when good, solid, reliable interpreters have damaged their reputation because they covered up for the agency. In my opinion this is a huge mistake.

As professionals, we should own our mistakes and shortcomings; we should also assist the agency and protect them in force majeure cases and when it does not harm our own interests. This does not mean that we need to fall on our swords for a language services agency.

I am not saying we should rat or snitch. I did not say that we should become an additional problem either. All I am saying is that just as we should own our mistakes, the agency must do the same. The good news is that all reputable professional agencies do. The bad news is that many mediocre organizations find it convenient to blame it on the interpreter to save their behind. This is unacceptable. We are talking about our profession and livelihood.

If something happens to the interpreting equipment in the middle of a speech, we should solve the problem by applying our knowledge, skill and experience. Sometimes a little console or headset adjustment can save the day.  On occasion, we will have to leave the booth and interpret consecutively while the tech support team works frantically to fix the problem.  This is expected from a top-notch professional interpreter; but let it be clear that we must never assume the liability or take the rap for mistakes of the agency.

Let me explain: If a judge complains that the interpreter is mixing up the names of the parties to a controversy, or is referring to a male individual as female because the agency (or court) failed to provide the proper documentation before the hearing, the interpreter should say so. We need to make it clear that certain things are the responsibility of others. It is their fault, and the powers that be need to know it.

If an interpreter fails to properly interpret a patient’s idiomatic expression because she was not privy to the individual’s nationality, let the physician know that despite your efforts to learn more about the patient and his medical condition, the agency, hospital, or nurse, refused to share that information with you.  We need to make it clear that certain things are the responsibility of others. It is their fault and the powers that be need to know it.

If the interpreters show up to an assignment one hour before the conference starts, and they learn that there are no working microphones or headsets in the booth, they need to let the speaker and organizers know. We need to make it clear that certain things are the responsibility of others. It is their fault and the powers that be need to know it.  Even if the interpreters decide to start the event with a consecutive rendition, they have to make sure that all interested parties know that it was not their fault, and if they decide to walk away from the assignment, they will be acting according to the law and protocol. They were retained to do a simultaneous interpreting assignment, not a consecutive gig. The agency would be in breach of contract and the organizers and promoters need to talk to them, not the interpreters.

Remember, from the client’s perspective, it is a matter of clarity and education. They need to learn what interpreters are responsible for, and what they are not. From the interpreters’ perspective, it is a matter of professional pride, reputation, and ethics. We will always be judged by our work in the booth, courthouse, hospital, or battlefield. We must never let the assessment extend to the responsibilities of others. This is very important.

Fortunately, this that I write will be a welcome affirmation to all real professional high-level agencies. They know their responsibilities, and they strive, just like we do, to deliver an immaculate service every time they are retained. Unfortunately, this will be read by para-professional wannabe interpreting “agencies” who will feel offended and threatened by the suggestion that interpreters should act professionally while, at the same time, cover their reputation and protect their careers by letting the end-client know that they made a mistake by retaining high quality professional interpreters and a  mediocre agency. I now ask you to share with the rest of us your comments on this extremely important subject for the education of our clients and our professional reputation and livelihood.

Something is going on in social media that may be detrimental to the profession.

May 4, 2016 § 11 Comments

Dear Colleagues:

Interpreters benefit from the use of the internet in many ways.  We can study, do research, market our services, and communicate with each other anywhere in the world by using our telephone.  Technology helps us to stay competitive in difficult markets and saves us time. Gone are the days when we had to go to a library to research a topic. We can now access the best libraries worldwide from the booth where we are working.

Social media also gave us the very popular and numerous forums, list serves, and chat rooms that all of us visit regularly.  I must confess that, even though I am very active in many social media outlets, I visit very few interpreter forums, and none of the list serves.  For me, the main reason to visit these forums is to keep up with the most recent news that impact the profession, so I can widen my knowledge and understanding of everything that is happening out there .  For the same reason, I am sometimes turned off by some of our colleagues who visit these virtual sites.  I have nothing against learning more about our language combinations, but sometimes it gets to me to see how some interpreters post basic vocabulary questions to the forum members without even bothering to do some research on their own first. I know this is popular with many, and we have discussed it in the past, so I will not dwell on this issue. Like I said, it turns me off, but it does not disgust me.

On the other hand, there is a relatively new trend going around several of the forums that I visit. A practice that has the potential to harm the profession, and end the career of those who participate or advocate this practice.

I am talking about those colleagues who post confidential, and sometimes what can be considered privileged information in the case of court interpreters. I am also referring to those who ridicule and make fun of their own clients.

Interpreting is a profession, and as such, it is governed by a series of legal, moral and ethical principles expected from all those who practice as professionals anywhere in the world. Legal, moral, and ethical rules and principles such as diligence, honesty, and confidentiality are an essential part of an interpreter’s job description. We cannot go around divulging the knowledge acquired in confidence. We are a fiduciary profession. It is not ethical for an interpreter to reveal secrete or confidential information. It is not ethical to share the client’s personal information and private life in public either.

These duties of privacy and confidentiality are even stricter in the case of a court interpreter. Let’s take the case of the United States where court interpreters are legally and ethically bound to keep their mouth shot by Articles 5 and 6 of the Federal Court Interpreter Code of Ethics:

5: Confidentiality.  Interpreters shall protect the confidentiality of all privileged and other confidential information.”   

“6: Restriction of Public Comment.  Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.”

Moreover, when working as agents of an attorney, interpreters are also covered and bound by the stricter client-attorney privilege; a privilege held by the attorney’s client that gives him the right to refuse to disclose, and to prevent any other person from disclosing confidential communications between the client and the attorney (Black’s Law Dictionary).

Rule 1.6 of the American Bar Association (ABA) Model Rules of Professional Conduct, reads:

“Rule 1.6 Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent…”

These communications cannot be shared with the public, even with a court order, unless the client waives the privilege (there are some exceptions to the rule that do not apply to our subject matter) and the privilege extends to the attorney’s agents who are considered as action as an “extension” of the lawyer. These agents include legal secretaries, paralegals, investigators, and interpreters, among others (“United States v. Kovel,” 296 F.2d 918, 921 2nd. Cir. 1961)

In the past weeks I have read posts and comments in at least two different forums by individuals who present themselves as court interpreters  (I do not know them by name or in person) revealing information and details of private conversations between an attorney and his client. Moreover, several people have opined about the issues presented by this individual, without the slightest concern about a conduct that is definitely violating all codes of ethics, and may be illegal. I should mention that a few colleagues warned this person and asked this individual not to do this anymore, but for the most part, the person who was doing the posting, and those commenting on the post, continued their debate like noting had happened. I was so bothered by this use of the forum that I left and never went back, so I do not know how long this debate lasted; and even though I do not know the person who posted this, apparently privileged, information, I got the impression that the privileged information was not posted with the intention to breach a legal duty, but out of ignorance and a lack of desire to learn. I should mention that this person did not give names and other details that could easily identify the holder of the privilege, but there was enough privileged information for anyone interested on learning more about the case to find out who were the parties involved.

The second post that I saw was less likely to pierce the client-attorney privilege, but in my opinion it violated the rules of ethics and professional conduct in a truly disgusting way. This was a post by another person who called himself a court interpreter, and went on to argue that his “job as a court interpreter” was not boring because he saw different and new situations every day. Nothing wrong to this point, but next, he gave some examples of the “variety” of cases he is routinely exposed to, by sharing details of some of these cases, and giving his opinion about the parties involved, in a very offensive and demeaning way. These are some of this individual’s comments: “…The… family was lying through their teeth, but… (the) officials were gullible enough to grant them asylum…” and how about this one: “…hours of telephonic interpreting for illegal immigrants… (I) had to hear and interpret a lot of BS…” or this more troubling one: “…defendant asked why he doesn’t qualify for (a legal benefit) the answer was… he had to rat about the people who paid… for his defense…”  Unlike the first case I mentioned above, this individual received many warnings and criticisms for doing what he did, and I believe that for this reason, within a week, this person went back to the same forum and now alleged that the cases were real, but that he had “…added imaginary twists, actions or actors…” that although most (not all) of the cases were not real, “…for the purpose of initiating an intelligent debate, (he) presented them as actual, real cases…” and claimed to be a victim of attacks by those who did not want any “personal opinions”.  Finally, to make things even worse, this person defended his posts by indicating that he was justified to do so, because they had been posted in a closed forum… on the internet!

I did not write this blog to attack anybody or to end the career of any colleagues or alleged colleagues. That is why I did not revealed any names of individuals or forums, and I tried to show just enough of the published posts to convey the idea of what is troubling me. I wrote this piece because I see what is going on in these social media outlets and it concerns me. I believe that the rules of ethics and professional conduct must be observed because we are professionals, and more importantly, because they affect others who confided on us as providers of this fiduciary service. It is not the same to betray your clients’ confidence and air private matters the way these people did, or to present the facts of a case to your colleagues in a professional forum, observing all professional and ethical rules, in order to get an opinion or to dissipate a doubt. This is done by all professionals: physicians, attorneys. accountants, and interpreters on a daily basis.

I think that the majority of those who have violated these rules did not know what they were doing, and I believe that social media forums, when used appropriately, are a valuable tool.  Perhaps we need to educate those who do not know the rules, and maybe we need to assess the moderators and the guidelines of some of these forums.  What we cannot allow is a situation that will leave us all in a bad place as a profession, and in an ugly position as individual practitioners; and I am not even mentioning the tremendous liability that those who violate these canons (and in some cases the law) are exposing themselves to. I ask you to share your comments on this topic, and to do so without any personal attacks.

Things to look for in an interpreting contract.

December 8, 2015 § 4 Comments

Dear Colleagues:

There has been a lot of discussion about interpreting services contracts in the past weeks.  The SOSi immigration court interpreter contract was a trending topic all over the social media.  Many colleagues debated, attacked, and defended parts of the contract like I never saw before.  This circumstance, together with other events in the professional world that involve contract negotiation (and the contents of the agreement itself) such as all federal contracts that were up for renewal at the beginning of the new U.S. federal government’s fiscal year, several irregularities with some state government contracts that appeared prior to their new fiscal year in August, and just the wording of quite a few contracts drafted by interpreting services agencies, large and small, made me think long and hard about the importance of negotiating an agreement and reviewing the letter of the proposed contract before committing myself to anything by the power of my signature.

Signing a contract is a very important act that can impact our professional career and reputation for a long time. It is not, as some colleagues may think now and then, a simple ceremonial thing that needs to be done in order to get the big assignment or the prestigious event. A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. (Black’s Law Dictionary). As Samuel Williston puts it, “A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty…” (A treatise on the Law of Contracts §1, at 1-2. Walter H.E. Jaeger ed., 3d ed. 1957)

I suggest that we should all reflect on the meaning and magnitude of the concept above, and apply ourselves to the negotiating of the terms and conditions that will govern our professional services with a client, and that we review in detail the final document that the client (whether it is a direct client or an agency) tenders for our signature before we undertake any obligations.  In fact, I recommend that before signing any agreement, you give your attorney a chance to review the terms of the contract to see if there are any “unwanted” harmful terms. Even if you do not have an attorney who regularly works with you, I encourage you to get one. It is that important, and in most countries it is tax-deductible as part of the cost of doing business.  Just think for a moment: the other party had a lawyer draft the contract, that attorney is being paid by the party who has an interest in the delivery of the professional service that is different from yours, and many times it is the opposite.  Although ethical and professional, the job of the counterpart’s attorney is to protect his client’s interests, not yours.  Just like you would never enter a car race on foot while the others are driving a car, you should never sign a contract unless, and until, you are familiar with all of its contents because all of your questions have been answered to your satisfaction, and all your concerns have been put to rest.  Remember: You are an interpreter and you provide a professional service.

There are different types of contract that you will encounter during your professional life; government agencies will always have their standard contract, some large agencies, corporations and organizations will have their own contracts as well.  Smaller agencies and direct clients will likely accept your version of a contract or will adapt their own document to your demands and suggestions. Finally, some of your regular clients may not use written contracts. They will negotiate assignments with you more informally. That is fine, but remember, the document is not the contract; the contract is the meeting of the minds, the agreement of the parties. In other words, even in these cases you have a contract.

I always review all contract conditions, even when dealing with the government, and when I dislike a certain term, or I consider necessary to add some conditions, I propose the changes. You will be surprised to learn that more often than not, the counterpart agrees to the amendments to their standard contract. By the same token, I am also flexible and open minded about the counterpart’s proposals and suggestions. I always consider them and give them a lot of thought. On many occasions I agree to the changes, provided they do not leave me unprotected and the potential risk is something I can live with.  Finally, in the case of a regular client who never signs any documents with me, I always put all essential terms of the verbal contract in writing and send them to the client by email as a memorandum of understanding, stating very clearly that by receiving the email and not taking any action within the first 24 hours, the client is consenting to the terms and conditions included on the email. This way essentials such as type of event, dates and location, scope of services and fee are always included, as well as reimbursement of expenses, travel costs and fees, late payment penalties, cancellation policy, and standard working conditions according to the type of assignment (equipment, booths, team interpreting, materials and glossaries, etc.)

As we see above, contracts can come on different presentations and they originate for different reasons depending on the client who drafted the contract; but, regardless of the type of contract, there are always certain things we should look for in an interpreter contract. I will share with all of you some of those items I look for in all contracts, and I hope this helps you as much as it helps me; however, I would like to make it very clear that my suggestion is that you always go to an attorney before signing any contract. The following are just suggestions that have worked for me, but in no way they are intended to constitute legal advice of any kind. All situations are different and I do not know your particular situation, so please understand that this is not legal advice. Only your lawyer can give you that kind of professional help.

These are the things I look for in a professional contract:

First. The scope of the service. I always look for the specifics: What the client is actually retaining me for. It is very important because some clients have the idea that once you are hired, you are theirs during the assignment to do anything that they consider part of the service. They are wrong. You agreed to perform a certain service and you are only getting paid for that service. Nothing else. Be careful about services description that may “include” translation services, being responsible for giving out and collecting interpreting equipment, other peripheral interpreting services not previously discussed such as dinners, press conferences, book signings, etc.

Second. I always pay attention to the wording because it tells me a lot about the client. I look for “telling” words such as interpretation industry (instead of profession) and in the case of an agency, how they refer to their end client: If they refer to them in the contract as “the customer” instead of “the client”, we will have a very difficult relationship because it is clear that my profession is an industrial commercial activity to them. I always discuss these issues when present in the contract, educate the client about the profession, and usually they agree to change the contract’s terminology (at least for my assignments if not for the rest of my colleagues)

Third. The grounds for termination of the contract. This is a crucial item because an early termination could impact your income for at least a few days or weeks. The reasons to terminate a contract early have to be fair, and they should include both parties. I have found many contracts where only the client can do an early termination. That is wrong, unfair, and highly suspicious. The grounds should apply to both parties, and in long-term contracts, they should include the lack of payment or late payment of your fee as a cause for early termination.

Fourth.  The famous confidentiality clause that although redundant since we are professionals and as such are legally and ethically bound to this duty of confidentiality, it should be included for the peace of mind of the client and his attorneys; however, the same provision should always include that the confidentiality will be observed with the exceptions of law. Yes, the law allows you to break this duty of confidentiality, even in the client-attorney privilege case, when there are certain facts that justify the lifting of this duty. For example, if you have to file a lawsuit against your client for lack of payment, or when your client sues you and you need to defend yourself. In those cases (and others) the law allows you to break the duty, limited to what may be necessary, to defend yourself or to exercise legal action.

Fifth. I look for cases where the client contractually limits his liability, and when I find it I do not like it and demand that it be changed. Although many legislations permit that an individual’s liability be reduced or limited by agreement of the parties, it is ridiculous for the other party to suggest, and for you to agree, to be exposed to all kinds of damages in case of a lawsuit, while the agency and the end client just sit and observe how you lose your business (in one of the best possible outcomes) or all of your assets and life-long savings (as a very good possibility). This is a no-no. Everybody should have the same exposure and respond for the damages caused according to their contribution to the loss. This is a very good reason why the parties should always request a copy of the other parties’ liability insurance certificate.

Sixth. There are some provisions that raise many red flags as they denote a clear intent to tilt the balance in favor of one of the parties (and that party is not usually you). Any provision that makes it illegal for the interpreter to talk to the media about the terms and conditions of the contract, unless we are dealing with information protected by the duty of confidentiality or the client-attorney privilege, and all clauses that force you to “consent” to resolve any controversies through arbitration instead of going to court are a huge warning sign.  You see, businesses prefer arbitration because it is less expensive, but mainly, because they get to “pick” the arbitrator. Unless you know several arbitrators that you trust, which is unlikely, they will always get to suggest the arbitrator. This individual will know them, it is very likely that he has presided over other arbitrations with the same party, and he will probably, be inclined to keep the client (your counterpart) happy for business reasons into the future.  Of course this last part cannot be demonstrated and I have no basis to claim that this is what happens during arbitration. The question is: Are you willing to take the chance? I personally would not do it. I would seek justice in the court system. Yes, it will take longer, but impartiality is more common in the courtroom, and if you win, the losing party may have to pay your attorney’s fees.

Seventh.  All terms and conditions must be in writing and they must be part of the written document. Even those terms and conditions contained in an appendix to the main contract should be referenced to and identified within the body of the contract by a number or a letter. Make sure that all attachments are signed by all parties, and dated with the same date as the main contract.  Most legislations abide by the parol evidence rule which clearly states that all agreements previous or contemporary to the signing of the contract must be in writing and appear as part of the physical agreement. Those that do not follow this rule will not be considered as part of the contract.  Be very careful with all those promises and concessions on the side.  They are not part of the contract unless they are in writing and in the document itself.

Eight.  Travel expenses must be included in the contract. The document should clearly state what expenses are reimbursable: airfare, hotel, ground transportation, Per Diem, photocopies, etc. It should also spell the fees payable to the interpreter on traveling days.  Remember, you provide a personal professional service. You cannot provide your services to two clients at the same time, so on the days that you travel to and from the assignment location, you are not working for any client. Unless you like to lose money, you should clearly negotiate and include in the contract your travel fee. There is a cost of doing business, but you should never lose money for accepting an assignment. Maybe one half of your regular fee should be a fair compensation for your travel days. Make sure that reimbursement of expenses for travel days are for total expenses. You can charge a lower fee, but you cannot fly, sleep or eat for less money just because it is a travel day.

Ninth.   The cancellation policy will always be in the contract. I would never sign an agreement that does not deal with this issue.  This policy needs to be negotiated taking into account the time between the cancellation and the cancelled event.  The fact that your client just found out of a cancellation that was decided two weeks ago is no excuse to lower your cancellation fee. It is your client’s obligation and duty of due diligence to be on top of everything the end client is considering, pondering, thinking, and doing.  A last-minute cancellation should require a full fee and reimbursement of all monies disbursed to that point.  Remember, it is not your fault that the client lost the event. That is his risk, not yours.

Tenth.  A good contract should cover payments in detail: amounts, timetables, and penalties in case of late payment.  Just as you had to show up to interpret on the set date, and not 30 days later, the client has the obligation to pay you on the day agreed to, and if he does not, then you must be compensated by virtue of a penalty clause that provides for compensation in case of any delays.  This is extremely important with smaller agencies who sometimes come to the interpreter crying poverty and asking for more time to pay you because their client has not paid them yet.  Although some of you may be tempted to give the small business owner a break, I am not. Do not lose sight of reality: This individual is your client. He is not your partner. Only partners share the risks of doing business. He is not sharing his pay with you. You should not share in the risk. He pays you or else… Where he gets the money from is not your problem.  You should also look for unacceptable provisions, usually inserted by larger agencies, about penalizing you by retaining part of your (already earned) fee.  They often include deductions based on what they consider your “performance” and deduct part of the money you already made. This is unacceptable and illegal.  Nobody should agree to give up part of his fee based on the assessment of others, much less when there are no safeguards in the contract such as notice of the intent to deduct part of the fee, and a mechanism to have a hearing before an impartial authority. How about letting a real judge deal with this issue? Agencies should never get that power from the contract- signing interpreter.

There are many more points to be included and reviewed by the parties, but I believe that at least these basic elements put me on a leveled field with the client as equal parties to a contract. I now ask you to please share any pointers or comments you may have on this very important professional issue.

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