A client’s message on hiring interpreters abroad
October 6, 2021 § 8 Comments
I am about to share a personal experience with a client that, in my opinion, has value. I understand what you are about to read may upset some of you. I do not write it to offend anybody. I just ask you to read the post until the end, and reflect on the words of this client who should remain anonymous although he knows of this article.
During one of the in-person interpretation jobs I have done during the pandemic I had the opportunity to meet a very interesting individual who is now my client. It all started with an email asking for my availability for an in-person conference after indoor activities, observing all public health security measures, were allowed again. We exchanged a few emails, signed a contract and two weeks later I was at the venue some five hours before the event.
As soon as I arrived, I noticed the portable booths were not installed in a place convenient to the interpreters so I approached the person who seemed in charge of preparations. I explained we needed to move the booths and asked them to do so. I was told they would do it as there was plenty of time before the public arrived, but they needed the “go ahead” from their boss due in the building any minute. I waited for about fifteen minutes before the boss arrived.
He immediately approved the change and asked me if we could spend a few minutes talking about my services. We moved to an adjacent room and over a cup of coffee we talked for over an hour. He told me they had held two events remotely in the past twelve months and they were excited to be back face to face. I asked if they had interpretation for those two events and he explained they had hired a company to interpret, but he was not sure he wanted to continue working with this business, so he went shopping for interpreting services and found me. I listen to what he had to say about his company and his expectations for the interpreter team; next, instead of wasting his valuable time teaching him we are interpreters, not translators, or explaining to him why interpreting is so difficult (I have never met a lawyer or a physician who explains how tough Constitutional Law is, or how sophisticated is human physiology), I asked a lot of questions to have a better picture of their needs and that way decide how to support their events better.
He shared that the interpretation had been average but not what they expected. He told me at some point the interpreters seemed confused and the audience complained about sound quality and rendition. He told me who he hired and he also said the interpreters were working from abroad. He was surprised the interpreter team was not based in the United States. I explained how many agencies and platforms are using interpreters based somewhere else as this reduces their costs and increase their profit. I told him we had the same problem before the pandemic as some agencies would bring interpreters from overseas, often without getting a work visa, arriving in the country on a tourist/business visitor visa (B1/B2) or as part of a Visa Waiver Program (VWPP) if they were from a country covered by it. When entering the country, they would not disclose the purpose of their visit to the authorities. These interpreters would work for a lower fee, stay two or three in the same hotel room, and work under conditions American interpreters would not accept. I told him how these interpreters, many more of them now, hired by direct clients, language services agencies, or remote interpretation platforms (through their chosen business model to appear as if they were independent from the hiring entity) are now doing distance interpreting from developing markets, working for fees lower than interpreters in developed markets, and under conditions inacceptable in Western Europe and the United States such as longer hours, interpreting solo, working without previous dry runs, and with no legal protections.
The client, a top-level executive of a major corporation, paused for a minute and added: “You know, I am in a business where many follow the same practice. They hire people who are in the United States without a legal immigration status, pay them little, and offer them zero benefits. It is illegal, but they do it anyway because it is profitable. They argue Americans would not do farm, construction, or hospitality work, and they are right. Nobody in their right mind would work under such conditions. They take advantage of these immigrants because they know they need the money to send back home…”
I was about to agree with his words when he continued speaking: “…I see the same thing now. These interpreters don’t come to our country. They remain in Latin America or Eastern Europe, but they are treated the same, and for the same reasons. That is wrong. I am glad I had this chat with you because from now on we will only hire interpreters who live in the United States. That is what we do with our employees, everybody needs to have papers to work here…”
I told him I have nothing against my colleagues abroad, I explained many are excellent interpreters, and I have no problem working remotely with them as long as they do not accept lower fees or sub-standard working conditions by Western World standards. I finished my conversation telling him I hoped he would be happy with the interpretation service we were about to provide, and asked him to please hire me time and again for in-person and distance events where only U.S. based interpreters, or interpreters abroad working for the same pay and conditions as those in the country would work.
That evening after the event, I thought of my new client’s words. I was happy he understood our situation as interpreters in the industrialized world, and I reflected on how I had never seen what he just showed me: Those who hire interpreters abroad do it because our colleagues agree to take little money and poor work conditions with no benefits or legal protection. These industrialized world direct clients, agencies and platforms are hiring people who could not work in the United States or Western Europe if the events were held in-person, because when working remotely they can get away with their practice of paying low fees, offering remote solo assignments, asking interpreters to work many hours remotely, not paying royalties when profiting from recorded interpretations of events, and providing no legal protection if a work-related injury occurs, such as temporary or permanent disability due to acoustic shock for example. All of our colleagues in these countries, many first-class interpreters, need the money, more so now because of the pandemic, and those hiring them are maximizing their profits by taking advantage of such circumstances. When questioned about these practices, some of these entities argue that a lower fee may not be considered appropriate in the U.S. or Western Europe, but in the countries where these interpreters live it is good income. “It is good for them.” That explanation is demeaning as it is telling our colleagues: “We know you know we dine at Three-Michelin Star restaurants, but McDonald’s is good enough for you.” Conference interpreters and those community interpreters in unregulated fields are at a higher risk of this exploitation than community interpreters who require a certification or license to work like court and healthcare interpreters. My client made me think and notice certain things I had not paid attention to before, such as the permanent recruitment campaign by some of these entities in the developing world while nobody is doing a thing to stop it. In my case, I got two benefits from my conversation with this client: I now explain to clients, colleagues and students the ugly side of these practices, and I got a solid, good new client who has hired me on another two occasions after that first event. I now ask you to share your thoughts, and please do not send comments defending the agencies or platforms. Unlike most interpreters, they have their own media outlets to do so.
A lesson to all interpreters.
October 12, 2015 § 9 Comments
We have seen over the past few weeks how a grassroots movement by some of our colleagues has produced results that until recently would have been considered unrealistic. I am referring to the freelance United States immigration court interpreters who, so far, have refused to accept the contractual conditions offered by a new federal government contractor that does not deal with them as language professionals but as unqualified laborers.
For many years, federal government contractors did their bidding and earned contracts from the immigration courts (EOIR) based on a widely accepted assumption that immigration court interpreters would take any fee offered to them, regardless of how low it was. This is how the bidding process worked and produced the abhorrent working conditions that LionBridge imposed on the interpreters, including extremely low fees, absurd cancellation policies, unprofessional treatment where the interpreters’ word had no credibility when their word conflicted with court staff, and even a penalty for those who wanted to be paid on time. For these reason many interpreters left, or never entered, the immigration court interpreting field. It was just unattractive to those who wanted to make a higher income and expected to be treated like professionals. Even now, the testimony of several attorneys reflects this reality when they comment that, many times, the quality of the interpretation in immigration court was lower than at those courts managed by the Administrative Offices of the Courts.
This is the environment that SOSi, the new bidder, encountered when they came into the picture. No wonder they pushed interpreter working conditions to a low never seen before. They assumed that this time would be like the others and interpreters would take the offer, no matter how unfair and insulting. They were wrong.
You see, friends and colleagues, a few things have changed since the last time the contract was awarded to LionBridge. By the time SOSi bids for the EOIR contract, there were more interpreters with a formal education than before; these colleagues had entered to the world of immigration court interpreting for many reasons: to gain some professional experience, to put their name out there, to have some income to begin to repay their student loans…
They worked as immigration court interpreters, but they were not there to stay; their time working over there would be a step towards a more fulfilling and better paid career. They did not plan to stay, but while they were there, they shared their ideas about professionalism and their personal dreams with the other interpreters who were already there. They inspired many of them to study to better themselves as interpreters, to go to a community college and study interpretation, to take a state or federal court interpreter certification exam, to become certified as healthcare interpreters, and so on. The crowd that SOSi encountered did not look much like the one its predecessor found some twenty years earlier. The result: They would not put up with worse working conditions than the horrendous ones they had suffered from the previous contractor, so they refused to sign the contracts, and the deadline for SOSi to take over interpreting services came and went without fulfilling their obligation because of their lack of the most precious and indispensable asset to provide interpreting services: the professional immigration court interpreter.
These colleagues took advantage of things that were not there the last time the contract was up for bids: social media, communication and peer support, information about the working conditions of other court interpreters working somewhere else, and the experience of our colleagues in the United Kingdom with another agency devoted to the degradation of the professional interpreter: Capita.
The refusal to sign these individual contracts happened all over the United States, the voice got louder, blogs spread the word and informed some not-so-well known facts about the contractor (https://rpstranslations.wordpress.com/2015/08/31/disrespecting-the-immigration-interpreter/) virtual forums were created, professional associations intervened, the media wrote about this issue in English (http://www.buzzfeed.com/davidnoriega/immigration-courts-could-lose-a-third-of-their-interpreters#.sopPZ5w26) in Spanish (http://www.eldiariony.com/2015/10/07/disputa-laboral-de-interpretes-amenaza-con-agravar-demoras-en-tribunales-de-inmigracion/) and discussed it on the radio (http://www.scpr.org/programs/take-two/2015/10/09/44770/backlog-at-immigration-courts-could-grow-with-a-pa/)
The contractor, probably frustrated by this “unexpected occurrence”, apparently decided to get help from local language services agencies all over the country to see if, by buffering this link between them and the professional immigration court interpreter, some colleagues would agree to sign the individual contracts, and, unless there is some legal figure no interpreter is aware of, as a result of their signature, they would become contractors of a sub-contractor (the local agency), putting them one more step away from the entity that won the contract: SOSi. In fact, I have heard from several interpreters in different cities who have contacted me with their concerns about the contents of this contract that has been offered to them.
Although the following is in no way legal advice, nor is intended in the slightest to be such a thing, I have decided to give my opinion about some of the portions of the contract as they were presented to me by my colleagues. Remember, this is just my opinion, based on my many years of professional experience as a professional interpreter, and my years in law school. Your opinion may be different and I will not dispute such a thing. Let’s see:
The most common concern about our colleagues can be summarized by this colleague’s observations: ‹In general, I have my doubts that my previously negotiated half/day and full/day rates would really be respected, in light of SOSi’s option to pay these “…unless EOIR determines that using a different CLIN would result in less cost to the government.” What does this mean in plain English?
There is a legal principle in civil law (and contracts are civil law) called the parol evidence rule. This principle states that all negotiations between the parties to a contract that took place before or simultaneously to the signing of a contract, that are not clearly spelled out on the document, are non-existent and therefore, non-binding and unenforceable. This means that all “negotiated rates” that are not in writing are irrelevant. (https://en.wikipedia.org/wiki/Parol_evidence_rule) (http://thelawdictionary.org/parol-evidence-rule/)
A follow up question to the last comment was this one: “what is a CLIN?”
Although I do not know for sure, I believe that “CLIN” in this context refers to “Contract Line Item Number” This would mean that if EOIR finds a legal way to pay less than the “previously negotiated rate” or If other interpreters are willing to work for less, the pay could be impacted.
Some interpreters are concerned about the travel expenses when they are asked to go out of town to interpret a hearing. Apparently, the section of this contract that addresses this issue does not mention the English<>Spanish interpreters. As far as travel expenses, keeping in mind that English<>Spanish interpreters cover the immense majority of the immigration cases, my feeling is that they could be leaving the English<>Spanish interpreters out of the equation because they feel they can meet these needs with Video Remote Interpreting (VRI) and with local folks if needed.
It is also worrisome that said contract seems to emphasize “telephonic interpreting”, indicating that this service will be paid at an hourly fee. As we all know, like all professional services providers, interpreters sell their time. Getting paid for the time interpreted based on an hourly pay would result in a detrimental situation for the interpreter, because nobody is paying for the time it takes to this professional services provider to get ready to do the rendition (travel to the courthouse or detention center, setting aside big chunks of time to do the assignment, etc.)
According to some colleagues, SOSi appears very firm on its insistence that interpreters compete for offered work assignments on a generally accessible “available assignments” website. In other words, interpreters would no longer be contacted individually, as with Lionbridge, to accept or reject offered assignments. Apparently, SOSi’s recruiters have explained the validity of this policy as a way to avoid having to hire assignment coordinators.
In my opinion, Immigration court interpreters must keep in mind that SOSi’s contractor history and system is based on bidding subcontractors. That is how most Department of Defense contracts work (and remember, they are primarily a defense contractor) so I don’t see them changing strategy. All interpreters could be considered subcontractors bidding for a job every time there is a need for an interpreter.
This is the most critical hour for our immigration court colleagues because this is when experienced agencies and contractors put in practice their well-rehearsed tactics. Some interpreters may decide to sign a contract even though the “promised, negotiated fee” is different from what the contract states, or it is hidden in an appendix or table. Immigration court interpreters will only achieve the dignified treatment they deserve, and has been denied for so many years, if they continue to speak with one voice, and it will get more difficult unless those with more experience and formal academic education step in and help their colleagues. We must remember that fear can derail any project, and the immigration court interpreters are not a homogeneous group. Unlike conference interpreters, many of them interpret at a questionable quality level, others may think, deeply inside, that the ridiculous fees offered by the contractor are not so bad, some may live from paycheck to paycheck, and may decide to sign the draconian contract; and some of them may not really be freelancers, but employees with no steady job.
The truth is, that to get to a professional fee, the interpreters have to be willing to stay away from the immigration courts for as long as it takes, and during that time, if they are truly freelance interpreters, they will find their income doing so many other interpreting assignments. If they are really independent professionals, they will have to come to terms with the realization that well-paid immigration court interpreting will not be an everyday thing; it will be one of many other interpreting assignments that the true freelancer will have to cover. EOIR is a client. It is not an employer.
The contractor, SOSi, LionBridge, or any other has a responsibility to their shareholders, and that is fine. The federal government has budgetary limitations, and that is fine. It is because of these undisputed facts that the independent immigration court interpreter needs to understand that to get the financial resources to cover his professional fee, the service will have to be more efficient. Less hours of work at the EOIR, but better pay. That is how the freelancing world works, and all interpreters will need to understand it; otherwise, the lesson learned will not be the one this entry begins with, but instead, the lesson will be that once again, because of the interpreters’ lack of determination and unity, things will stay the same. I ask my dear friends and colleagues not to waste this unique opportunity in their careers.
Although these lines merely contain my personal opinion, and in no way this pretends to be any legal advice for anybody, if I were facing the situation these immigration court interpreters in the United States have in front of them, I would hold on to signing anything until it is clear who stays and who does not. If SOSi stays, to become attractive to the interpreter community, they will probably make some changes to their contractual policy towards the interpreters. If there is a new different language services agency, I would wait to see what they have to say first. Also, for my peace of mind and for the safety of my professional future, I would never sign a contract after talking to the HR people. I would ask for the legal department because I would need to understand, and know, the contractual terms, and the likelihood that they will be honored by the language service provider. I now invite you to share your opinion with the rest of us, and for the benefit of as many interpreters as possible.
“Get an interpreter for that hearing, and try to spend as little as possible”.
March 13, 2015 § 6 Comments
Every time I read an article about court interpreting, look at your social media posts, or have a face to face conversation with a court interpreter, I cannot help but notice how the working conditions constantly deteriorate. For some time we have witnessed how the court interpreting system of the United Kingdom was completely destroyed and our colleagues had to courageously fight back so the rest of the world knew what had happened in their country. Time continues to run, and nothing has been done to improve that system now run by an entity whose greatest achievement was to sink the quality of interpreting services to an unimaginable low. We have witnessed the difficult times that our colleagues who want to do court interpreting face in Spain. We have heard many stories of court interpreters around the world having to fight for a professional fee, a professional work environment, and respect to the profession.
The situation in the United States is also very sad. It is true that the enforcement of Title VI of the Civil Rights Act has left little choice to the states. Now, state-level courts that want to continue to receive federal funds must provide interpreting services to all non-English speakers who need to have access to the justice system. The new demand for court interpreters beyond criminal cases has “inspired” many court administrators and chief judges to act in new and more creative ways to satisfy the requirement of having an interpreter next to the non-English speaker, even when the quality of this professional service is at best doubtful. To this day, there are jurisdictions where the question is: Does a warm body fulfill the legal requirement of providing interpreter services? Sadly, in some cases the answer seems to be “maybe”.
But the state courts want to comply with the federal mandate, and it seems that some of them will stop at nothing in order to achieve their goal. A popular formula was born: “Get an interpreter for that hearing and try to spend as little as possible”. The origin of this strategy is not clear, but it is obvious that this solution was not conceived by an interpreter. This is not even the brainchild of an administrator who at least has a basic knowledge of the interpreting profession; moreover, this doctrine has been embraced by some federal level courts as well. Let me explain.
Some court administrators have implemented a fee reduction. Today, some interpreters get paid less for their travel time to and from the place where they will render professional services; they get a lower fee, less compensation per traveled mile (kilometer elsewhere in the world) no reimbursement for tolls and bridges, and other very crafty ways that some courts have devised to pay less for interpreting services.
Other courts have increased the level of “scrutiny” and now watch over the court interpreters’ shoulder while they are doing their job; not the way a client observes the work of a doctor, a lawyer, or any professional individual, but the way a person watches over the performance of the guys who dry your car when you take it to the car wash. Many times this breathing on your neck type of scrutiny is enforced by adding paperwork and bureaucratic requirements to the fee payment process. To the interpreters, this means more time spent in the payment process, while making the same money than before the new requirements were in place. They are effectively making less money than before.
Of course there are also courts that now pay a lower fee during the contracted time if the interpreter’s lips are not moving: They pay a partial fee for the break time and travel time, even though the interpreters, who sell their time, have allocated those hours, or minutes, to that court as a client. Now some courts are tossing high fives at each other because they paid the interpreter a full fee for 45 minutes of work and a reduced fee for the 15 minutes in between cases when the interpreter did not interpret because the judge had to go to the bathroom.
And there is more: some jurisdictions have removed themselves from the payment process in those cases when, due to a possible conflict of interest, the court assigns a particular case to a private independent defense attorney, who is a member of a panel of lawyers, who can be appointed to these cases in exchange for a fee that is paid by the judiciary. This jurisdictions do not accept the interpreters’ invoices anymore; they now require the panel attorney to process the interpreter’s invoice and payment, generating two very sad effects: (1) Sometimes, the interpreter will have to wait a long time to get paid because their payment processing is not a top priority to the lawyer, and (2) It will help to keep alive the idea that interpreters are second-class officers of the court who do not deserve the court’s trust, because it is clear that these jurisdictions opted for a system where the attorney will need to access the court’s computer system to process interpreters’ payments, which is “preferable” over a system where interpreters would have to be granted that same access to the system. Why? Because it is too much of a risk to take? You can arrive to your own conclusions, but the fact is that this policy is very demeaning.
My friends, when you see and hear about all these policy changes you have to wonder: As these new strategies were discussed and adopted, where were the court staff interpreters, and the judges, and the administrators who know what interpreting is about? And once they were implemented, why did the freelancers continue to work under these terrible conditions? I now invite you to comment on this policy changes, other rules you may have noticed somewhere else, and the reason why these changes are being implemented with so little opposition.
The ten worst things that interpreters can do to themselves.
April 1, 2014 § 12 Comments
In the past we have used this series to underline some of the problems that we face when practicing our profession; we have vented a little, laughed a little, but most importantly, we have discussed short-term and long-term solutions to all of these problems. It is now time to look in the mirror and list those things that we do to ourselves, sometimes without even realizing it, that can personally harm us and sometimes even hurt the profession as a whole. Let’s take a peek:
- Lower your fee to keep the client. This is the worst of the worst of the worst thing any professional can ever do. Interpreters are professionals and their service commands a professional fee. We are not talking about general labor, this is specialized complex work. Sadly, many of our colleagues are afraid of losing the client and in order to keep the cheap client happy they are all too-ready to drop their fees to the basement. Dear colleagues, I don’t know about you, but I am in the business of working less and making more. I rather work two days a week and make the same money that other interpreter makes in five days. I can find plenty of things to do on those other three days, including looking for more business and having availability for those well-paying last minute assignments. I know some staff interpreters argue that this does not apply to them because they have a fixed income, but it does apply to them because they also interpret on weekends, after hours and during their vacation time. Others may say that sometimes we have to lower our fee because the client truly cannot pay what we ask. For those situations you need to remember that our services are expensive. This is not something for people to pay with their left over income. We provide a service that is paid with saved or even loaned money. That is just how it is. As far as “feeling guilty” in a particular situation, my suggestion is to donate your work for free in those cases. It has worked better for me, and when you ask for a receipt, in many places it is tax deductible as a charitable contribution. Never lower your fee because that harms you and it also hurts the profession. The client has to get used to the fact that interpreters are professionals providing a professional service, but we can only achieve this goal when it is us, the interpreters, who believe that we are professionals and provide a professional service.
- Be unprepared. The best way to make sure that a client will never call you again is to show up unprepared. Interpreting is a very difficult profession because we are one of the very few professions where we are required to know our craft and to have a very detailed knowledge of the client’s occupation. It is never enough to go to work as a good simultaneous or consecutive interpreter; it is never acceptable to go to work as a true bilingual individual. We need to be those things and we also need to know the subject matter to be interpreted, the work and background of the presenters, the educational level of the audience, and the basic technology needed to operate the interpretation equipment in the booth. Those colleagues who are afraid to ask for presentations and other materials ahead of time are killing themselves. Unless they already know the topic, those who choose not to study or at least read about the issues to be covered by the presenter are simply committing malpractice.
- A nightmare in the booth. Among interpreters there are very few things more detrimental to an interpreter’s reputation than bad behavior in the booth (or the courtroom, the hospital, the gala dinner, or any other place where we render our services) Always remember: Interpreting is a team sport. We need to have the support of our colleague in the booth as much as they need to have ours. Always be courteous to your teammate, because we practice a team and not a tag-team profession, be alert and ready to help when you are not interpreting, do not leave the booth or abandon your interpreting station unless it is an emergency, before you start an assignment talk with your booth-mate about little things such as shifts, where to sit, having the lights on or off in the booth, uniform terminology, and all other details necessary to have a successful rendition. The nicer you are to the other person in the booth the more people will want to work with you, and more people translates into more work.
- Stay away from social media. This is a relatively new addition to my top ten but it is becoming more important every year. In a global economy where technology allows for fast travel, remote interpreting, and instant communication, your name needs to be out there for all to see. The least expensive and a very effective way to stay competitive is to get involved in all kinds of social media. It is easier to develop networks when you do Twitter, you establish connections through Linked-in, you create and maintain a professional page on Facebook, Google+, and so on. At least try to keep up with some of them. Write a blog or at least comment on other colleagues’ blogs to stay visible. It is essential to have a website for clients to find you, learn about your background and experience, and to pay you by credit card or PayPal. Those who stay away from social media will stay away from main stream interpreting and will eventually be forgotten.
- Unwillingness to travel. Good interpreters must be flexible. We are in a profession that cannot be practiced from an office, cannot be practiced from a single city, and at certain level cannot be practiced in one single country either. Unless you are a staff in-house interpreter somewhere, or as a freelancer you have decided to settle for a certain professional level (that is not even remotely near the top of our profession) then you have to be willing to travel everywhere, anytime, for as long as needed, and on very short notice. Unfortunately these are the rules of the game. Unlike translators, we need to be on the move. This is something you need to ponder long and hard if you are truly committed to be a first-class full-time interpreter. Of course, this is not for everybody. Many people decide to practice a less involved version of the profession and choose to remain in a single town and only work within a geographically limited area. Others prefer to travel once or twice a year, or maybe want to have notice way before the assignment. This is fine if you want practice the profession at that particular level and you make it well known. Those who try to have the two lifestyles of staying at home and pretend that they are willing to travel will eventually hurt their career as sooner or later it will be common knowledge that they are not really that flexible.
- Ignore technology. One of the most exciting aspects of practicing our profession in the twenty first century is the technology we now have. Staying away from electronic dictionaries, internet search engines, and other technological advantages we now have over our colleagues who worked 20 years ago will soon put you on a “B” list. We must understand and embrace change. It is so convenient to take notes on an iPad, to interpret in a booth with a console that rewinds the last few seconds of a speech, to have all your research materials and presentations stored in the cloud, that every day we see more of our colleagues doing it. The day when hard copy dictionaries and steno pads will be a vanished species is practically around the corner. And speaking of the corner, video remote interpreting already turned the corner and it is coming towards you at the speed of light. Instead of fighting it and resisting it, we need to embrace it, we need to be a part of this technologies’ development process. There will always be a need for live “in-person” interpreting, but most work will be done remotely. Technology allows it in many different settings and the market wants it. Warning: Do not be like those interpreters who fought against simultaneous interpretation equipment 60 years ago because you could end up like them.
- Avoid interpreter conferences. Unfortunately many colleagues have decided not to go to professional conferences; many more go to the minimum required to keep their professional certifications, accreditations and licenses current, and a great number of interpreters are willing to attend a conference provided that it is near their hometown. We have heard many excuses and explanations to justify this reluctance to attend conferences and workshops: The program is not attractive, I know more than the presenters, it is too expensive, they are boring, you don’t learn anything… Sadly, those who view professional conferences this way have it all wrong. Our conferences at all levels: international, national, regional and local, are all beneficial. Not everything presented will always be new to you, but there is always something to learn. You may have more professional experience than some presenters, but they may have done some research that will increase your vast knowledge. Some are more expensive than others but they last longer and therefore may be enough to meet the year’s continuing education credits requirement, and they are also tax deductible in many countries. Conferences are never boring if you really understand their value: You attend them to develop a professional network. Yes, you go to a conference with your business cards and a few one liners to break the ice so you can get more work, get a better deal on the purchase of interpreting equipment, buy the newest dictionaries and textbooks, and as an added bonus: You go to have fun. Avoiding professional gatherings make you invisible to your peers, to the agencies, and to the rest of the world.
- Be timid when negotiating work conditions. Once again, those who are timid or afraid will rarely get excellent work conditions to do their job. It frustrates me to see a good interpreter working under terrible conditions and it happens all the time because many of our colleagues are afraid to ask for the right booth, the full-time technician, the best booth location, all conference materials, and so on. It really saddens me to see how some very capable interpreters are willing to accept an assignment without paid travel days, Per Diem, and a fair cancellation fee. By accepting these substandard working conditions the interpreter hurts his career and he harms all of us as a profession. There are plenty of good clients willing to pay what we deserve, but every time that somebody works under this less-than-acceptable conditions it gets more difficult to convince the agency or the ultimate client that the standard conditions are needed to get the best human talent and the best service. Don’t be afraid of losing the bad client. A cheap client is only a good client when the word client goes after the word “former.” Always remember: If you go along with this substandard conditions only once you will never get the full standard working conditions again.
- Mistreat the new interpreters. Even with all the new technology interpreting is a human being profession. The problem is that we are not eternal and eventually, because of the growing market, or due to our aging process, new blood will need to come into the profession, just like we once did. Those of you who know me or follow the blog know that I am all for teaching and sharing with the newcomers to the booth, the battle field, the courtroom, the medical office, and elsewhere. Clients and agencies want to keep the quality of the interpretation in their events, and the only way to ensure that continuity is to hire and train the next generation. The label of “problematic” goes to those veteran professionals who ignore, scold, or patronize young interpreters. As you know, clients are not very willing to hire a problematic interpreter for an assignment. They rather skip their name and move on to the next one on the list. If you care for the profession, if your reputation matters to you, and if you want to work until you decide to retire, just be nice to the new ones. In fact, just as you can teach them a thing or two, they can also teach you technology and help you become more marketable. It is a win-win situation.
- Wait for the assignment to come to your doorstep. Understanding the market is a requirement to be a successful interpreter. The good assignments will come to you if you go out there looking for them. I will never understand those colleagues who sit at home waiting for the agency, the courthouse or the hospital to call. A true professional has to look for work. You need to be a good interpreter, a knowledgeable individual, and a reliable professional, but unless you let others know that you are all of those things the world won’t even know that you exist. The career of an interpreter includes interpreting, studying, and marketing. Remember, this is a profession but it is also a business. Never lose sight of it. An interpreter who does not look for work is a lazy interpreter, and a lazy interpreter is a failure.
Dear colleagues, I am aware that there are many other bad things that we do to ourselves. These are some of the ones that in my opinion require of our attention. We have to avoid them and correct them. Please feel free to share with us those things that we do to ourselves and in your opinion hurt us as professionals or harm us all as a profession.
Attention certified court interpreters: You could be losing part of your profession!
January 27, 2014 § 7 Comments
In my opinion the title of this posting is not an exaggeration of what is happening to the court interpreting profession in the United States and some other places. Let me explain: There are groups of community activists, profit-hungry interpreter training entities, and interpretation agencies (that do not represent the best interests of court interpreters) who are advancing the idea that court interpreters should only be required in the courtroom, and that out of court legal interpreting should be left to “other” type of interpreter who would provide a service that would be a mix of community and legal interpreting. They argue that court interpreters are required in court because of the impartiality that is needed and due to the formalities that must be observed. On the other hand, they claim that an out of court legal setting (that they refer to as “quasi-legal”) should be left to other interpreters without court interpreter certification who would (after they get trained by this special interest groups) be able to provide a service that, according to them, has a lot of community interpreting and some legal terminology that could be easily acquired by these “interpreters.”
This approach concerns me very much because as an attorney I do know that there are very delicate and extremely difficult legal issues that take place out of court. These individuals have suggested that family law mediations, preparation of wills, and other legal services, be provided with the assistance of a non-certified court interpreter. I dare to say that the best attorneys, the more difficult issues, and the ones that affect more people’s lives, are found outside the courthouse. You only need to visit a corporate attorney or a corporation’s legal department to see it.
All legal interpreting should be done by certified court interpreters because they are the ones that know the law, are familiar with the terminology, and are backed up by a certification system run by the state or federal government.
There was a similar movement in the United States a few years ago. That one proposed that to abate costs such as paying for the services of an ophthalmologist, optometrists should be allowed to perform certain types of surgery. Let me clarify: an ophthalmologist is a physician, an optometrist is not. You go to the optometrist when you need a new pair of eyeglasses. You go to the ophthalmologist when you need cataracts surgery. Dear colleagues: We are the ophthalmologists in this example. These special interest groups are trying to take away part of our field and give it to these new “optometrists.” To do it, they are arguing that these individuals would do a job that nobody is doing and that does not need certification as a court interpreter. What they are not telling you is that they will profit immensely from this scheme. The trainers will make money by “training” these people, the agencies will make money by paying a lower interpretation fee to these individuals who will not be court certified, some state governments will continue to receive federal funds because they would be “guaranteeing access” to non-English speakers who go to court and do not need to appear before a judge, and the community activists will be happy because in their mind court interpreters charge too much for their services and their clients cannot afford it.
But wait a minute, let’s stop right there and talk about the losers under this scheme:
Many court interpreters make over half of their income from legal interpreting outside the courtroom: mediations, depositions, jail visits, witness preparation, sight translation of documents, arbitrations, administrative court hearings, and many other legal scenarios.
Attorneys have a legal duty to vigorously represent their client in order to achieve what is best under the specific circumstances. It is hard to see how this can be accomplished by using lesser-interpreters, and in many cases paying the agency the very same fee they would pay for a competent professional. Attorneys do not know that the agency pays a lower fee to these non-certified individuals and therefore they get to keep more money.
The parties to a controversy or those seeking legal advice are paying for the best possible service, even those who approach non-for-profit organizations have to pay for filing fees and other administrative expenses. It is only fair that when you go to see an attorney, the attorney’s advice be interpreted by the lawyer’s equivalent in the interpretation field: a certified court interpreter.
Our system, our government, the taxpayers… they all lose under this scheme. A poor interpretation will have consequences. I have seen many criminal cases being dismissed because of the police interview of the defendant. Those who advocate this change are proposing that non-certified court interpreters do police interviews. A poorly sight translated contract, an incomplete will due to a bad interpretation, an unfair parenting time schedule because of lack of understanding of the law on the part of the interpreter, they all lead to litigation and litigation costs money. Surgery by an optometrist… I would love to see the reaction of an administrative court judge when he is told that because his courtroom is not a real one he will have the services of a non-certified court interpreter.
It is true that in many places some of these services are currently performed by non-certified individuals. It is true that the special interest groups will defend themselves by saying that with their “home-grown certification” the people who interpret in those settings will be doing a better job than the one that is provided right now. The excuse that there is a great need for interpreters in many languages that have no court certification program is not valid either. There are interpreters in these languages that have been evaluated by the court system and allowed to work in court. Until there is a court certification program by the state, these are the interpreters who should be doing all of the legal work. The “solution” proposed by the special interest groups does not improve the quality of the service.
Instead of rushing towards mediocrity and spending time and effort justifying why it is a good option, these special interest groups should join forces with the professional community (certified court interpreters, attorneys and government) and strive to attract more quality individuals to the profession, to demand first that everybody be certified as a court interpreter and that there be continuing education for those who may want to specialize in family law mediation, corporate planning, international arbitration, immigration law, etc.
Instead of marching in lockstep with the interpretation agencies, all community organizations and true trainers, who are concerned about the quality of the interpretation and the fulfillment of the existing demand, should join forces with the professional certified court interpreter community to demand from these agencies a better pay to the real quality-proven interpreters.
Dear colleagues, I don’t know if this will happen and I would not be surprised if these special interest groups and individuals attack and criticize what has been said in this posting. Learn from our colleagues who are already fighting a battle to keep or recover their profession in other countries like the U.K. We have to defend our profession. Paralegals are not opening shop all over to offer their legal services out of court. Do you know why? Because the lawyers would not let them. They would be charged with practicing law without a license. We need to do the same. We need to defend and protect our profession.
For that reason I ring this wake up call. Be alert! Educate your colleagues and clients; do not let them take this huge piece of you professional field away. You will lose and everybody will lose.