Will my clients find me in this association’s directory?
April 17, 2017 § 10 Comments
I am tired of getting this call repeatedly: “Hi, I got your name from the ATA directory and I was wondering if you would be available for a medical evaluation (or a worker’s compensation hearing) this Friday…”
Maybe those providing the service would be happy with these calls, but I am not. Every time I must answer the phone to tell somebody I don’t do that work, and that I refuse to work for peanuts, is a waste of my time. I do conference interpreting and I don’t like to explain two or three times a week I do not work for fifty dollars an hour.
For years I have almost exclusively worked as a conference interpreter, doing some court or legal interpreting for established Law Firms I regularly work with, generally in civil cases or some federal criminal matters. Motivated by ATA’s outreach campaign regarding the credentialed interpreter designation and database, I thought that maybe, if I clarified it on the ATA directory that my credentials are United States Department of State Conference-level, and Federal court certification, all these people would stop calling asking me to do work that I do not provide.
I have been an ATA member for many years, and even though the association does many things I am very much against, I also get many benefits from my membership: a monthly publication with some very good articles, a discount on my errors and omissions insurance, good divisional activities, valuable webinars, and a well-known directory.
I logged in to the members section of the website to update my information and take advantage of the new credentialed interpreters’ database in their directory. This happened:
I must start by confessing that I rarely access ATA’s website, so I found it a little bit too crowded; maybe appealing to translators, but I believe it could be a little intimidating for clients looking for an interpreter or translator. After I accessed the “members” section, I looked for a section called “Interpreters’ credentials”, or something similar, but I found nothing. I clicked on the menu where it says “update your contact information” and “update your online directory profile”.
As I got to the profile section, all my information was already there (so I had entered it before). I did not need to change anything. Since I was already inside the program, I reviewed it anyway to see if I needed to make any changes. When I got to the “Interpreting Services” section, I saw that I had previously highlighted “consecutive”, “court”, “escort”, and “simultaneous”. Since I saw a “court” category, I scrolled down to see if I could also highlight “conference”, but the only category left for me to highlight was “sign language”. I thought it was odd. On one hand, if all you are listing are the interpreting you do, then “court” does not belong in here. If they added “court” to make the search easier for the clients, then I would like to see “conference” as an option. I suppose that healthcare interpreters would argue the same for their specialization.
Under the “Certifications” section, I entered my federal court interpreter and my two state-level court interpreter certifications from the drop down menu. I saw nothing for other credentials that are not certifications, but equally important, such as AIIC, U.S. Department of State, European Union, etc. The menu had another category: “other” where I entered my conference interpreting credentials, constantly wondering why I could not find the so much talked about “credentialed interpreter” menu for the new database ATA has been advertising so much. I thought the reason the place to enter that information was somewhere else, perhaps later on the form, was because these other credentials are not certifications and ATA had included them separately.
I kept looking, and my search only found a different category towards the end of the page called: “Additional Information”. That was it. No other place to enter conference interpreter credentials. Knowing I would not get what I wanted, I tested the directory, so I looked myself up. On a simple search I found my information, not as advertised with the credentialed interpreter information, but as I had entered it earlier. I immediately thought of the unwanted agency phone calls that would keep on coming as before.
I ran an advanced search just for English<>Spanish interpreters in Illinois, where I live, asking for State Department conference-level credentials, and the result was “we found none”. I found this interesting, so I dug deeper to see if there was a problem with the directory search engine. The first thing I tried was a search for interpreters with that same language combination and credentials in the largest state: California. I know several colleagues there with the credentials and are members of ATA. The result was: “we found none”.
At this time I decided that maybe it was a glitch on the search engine, but before concluding that, I wanted to see if I had missed the section where you enter these credentials. I went over the form two more times and I found nothing. At this point I am thinking that maybe I needed to submit my credentials for a verification before the information was displayed, so I went back to the form once again. I read it carefully looking for some instructions or description of such process. I found nothing.
I did the only thing left: I went to the search menu at the top of the page and I typed: “credentialed interpreter process”. The search took me to a page with all the results. At the top I saw one that looked like the information I was looking for, so I clicked on it.
I finally found the explanations and instructions, with a link to a form to start the process. The first thing the program asks you to do is to reenter your ATA membership information. Once you are in the form, you are greeted by a message in red that tells you to submit a separate form for each credential and that you must pay $35.00 USD. As an attorney I must confess that although the red-inked message clarifies that one fee covers all requests, it is ambiguous on a second matter: it reads: “A $35-administrative fee covers all requests for one year.” I did not understand if this means that for your information to continue to be available indefinitely you must pay $35.00 USD every year, or that any request filed after twelve months is no longer covered by the initial $35.00 USD fee and therefore you must pay again for the new credential. Finally, I also learned that the process could take up to something like forty days.
After reading this, I stopped for a minute and reflected on what I was about to do: I was ready to send $35.00 USD to ATA (with my documentation) to be a part of this new database, but so far I had had a miserable time looking for, and finding any colleagues with the desired credentials; so far I had found zero conference interpreters. I even had a difficult time finding the instructions to get my credentials reviewed. My friends, I am pretty active on social media, and even though I am not a computer genius, I am resourceful. Can you imagine how tough it would be for a regular individual looking for an interpreter to navigate through these? Even if I do this, send the documents, pay the fee, and wait the forty days, will my clients find me?
I concluded that I had to do more research first, so I did.
I went back to the directory and tested it:
I did this trying to think like a client and not like an interpreter or an ATA member. The first thing I noticed was that to look for an interpreter, the person doing the search must go through the translators’ section of the advanced search; they must scroll down passing through a section with very confusing questions for somebody who, let’s say, wants to hire an interpreter for a marketing conference at the Marriott downtown. Without being an interpreter, I would not know what to do when asked to indicate if I want an ATA certified or non-certified translator, or what translation tools I will need. As a client, even before reaching the interpreter questions, I would probably close the page and look for a conference interpreter in Google or somewhere else.
Since I had already tried Illinois and California with a result of zero interpreters, I looked first for any conference interpreters with an English<>Spanish combination, with a U.S. Department of State Conference-Level credential in New York State. The result was: none. Then I did the same thing for Washington, D.C. (where most conference interpreters live) Again there were zero. I got the same result in Florida and Texas. Next, I searched the same states for any interpreters with the same combination, but with the AIIC membership credential. The result was: nobody. I considered doing the same for every state in the Union, but (fortunately) I decided against it. Instead, I looked for any conference interpreters with any credential and living anywhere in the world. The result was: 2 interpreters. One U.S. Department of State Seminary-Level colleague in the United States, and one AIIC member in Argentina!
Based on these results, I looked for interpreters in all listed categories. I found this: Under certified court interpreters I found 10 colleagues. Under Healthcare certified I found 4 (2 were also listed as part of the 10 court certified). Under conference credentials I found 2 (one of them is also one of the 11 under court certified). I found 1 telephonic interpreter (also found under another category), and I found zero sign language interpreters. Looking for simultaneous interpreters I found 10, under escort interpreters I saw there are 9, and as consecutive interpreters they have 14. As expected, all interpreters under the modes of interpretation categories are the same ones listed by specialization. I also noticed that some interpreters I found in this group are ATA Board members.
The page also asks the person doing the search to state if they are looking for a “consecutive, court, escort, sign language, simultaneous, or telephonic” interpreter. My relevant question was stated before in this post, but it is worth repeating for another reason: If I am a client looking for a conference interpreter, how can I find one under this criteria? Ordinary people do not know that conference interpreters do simultaneous interpreting. Even worse, they also do consecutive interpreting in many events such as press conferences for example.
If people we deal with regularly have a hard time referring to consecutive or simultaneous interpreting by their correct name, why would everyday people looking for a conference interpreter know who they need based on this question? If ATA included “court”, and even “telephonic”, they should include conference. Once again, I am sure my healthcare interpreter colleagues want to be heard here as well.
After reviewing the directory my decision was simple. Why would I want to pay $35.00 USD, and perhaps wait up to forty days, to be part of a directory listing a microscopic portion of the interpreting community? Should I encourage my clients to look for a credentialed conference interpreter in a directory that does not even list us as an option, and flatly ignores conference interpreting in their most common questions section, where all explanations and examples are geared to court and telephonic interpreting? And why as interpreters should we reward the work of an association that continues to treat us as second-class professionals by including the interpreter search criteria after the translator search options, instead of having two separate search pages: one for interpreters and one for translators to make it easier for our clients, and to give some respect to the many interpreters who are ATA members? There is no excuse or justification for this.
I know there are plenty of capable people at the helm of the American Translators Association whom I know and respect as friends and colleagues. I also appreciate many of the good things they do for the profession, but at this time, for all these reasons, until we interpreters get from ATA what we deserve as a profession: Unless the search criteria and credentialed interpreter designation process is as prominently displayed on the website as is the translators’ certification; and only when the search criteria addresses the conference interpreter community on a client-oriented, user-friendly platform, I will stay away from the “advanced-options” directory. I hope this post is welcomed as constructive criticism, and as the voice of many interpreters all over the world. It is not meant as an attack on anybody; it is just an honest opinion and a professional suggestion from the interpreters’ perspective. I now invite you to share with the rest of us your thoughts about such an important issue for all interpreters and for the image of ATA.
Are incompetent bureaucrats scaring away good interpreters?
April 10, 2017 § 6 Comments
Today we will discuss a delicate subject that cannot be avoided as it impacts all freelance professional interpreters. I am talking about the cost of doing business versus the unreasonable cost of doing business. All professionals know that freedom and independence come with a price and we all know that we must pay it to enjoy the best things in life. It is called the cost of doing business.
The time an interpreter spends developing a client base talking to the best prospects in person, sitting in front of a computer answering their questions, or chatting with them over the phone takes part of our time, and for those who sell personal professional services time is money. Administrative chores such as printing glossaries, mailing documents and buying office supplies are also part of this cost of doing business. So is invoicing.
Getting paid for services already rendered could be a full-time job unless we are organized and develop a billing system that is accurate, user friendly, and does not take too much of our time. Morose payers, crooked client, and banking mistakes are unavoidable, they will always be there and we must factor them in as part of our business. We consider all these factors when bidding for a contract or providing an estimate. The thing we cannot factor in, and we must stay away from are never-ending bureaucratic proceedings filled with nonsensical steps and inspired by the most pure form of institutional chaos and individual incompetence. We can encounter this condition anywhere, but it is frequently found in government invoicing procedures.
We are all familiar with the long government invoice forms requesting absurd, and often repetitious, information. Nobody likes them, but sometimes the importance of the contract, or the monetary reward, for jumping through all the hoops justifies the sour moments. The unforgivable part is when interpreters go through this enormous waste of their time, answer dumbness award-winning questions from a bureaucrat, are disrespected, and what they collect is worth less than the time and energy spent navigating the bureaucratic maze of mediocrity. This is where we must draw the line.
All governments have obsolete, and often outdated, systems and procedures to pay interpreters. This is clear in the judiciary. You all know of puzzling methods followed by your respective states to pay you for work you did sometimes two or three months earlier. Once they realized they were losing money by working with a court system, some interpreters quit working with these clients, while others thought about it, but for different reasons: real financial need, fear, or ignorance, they remained as contractors for that court system. I stopped working federal cases with Criminal Justice Act appointed attorneys (CJA) two years ago when they changed to a system that injected the attorney as an intermediary between the service provider (interpreter) and client (courthouse) and never regretted the decision. I was losing more money doing paperwork and chasing after CJA attorneys and courthouses than the fee generated by my interpreting services.
I understand that to leave that work or stay and take it on the chin is a complex personal decision that only you can make. I also know of the fact that government agencies will always move slowly and have endless checks and balances because of their work volume. This makes it harder to decide what to do; unless there is a case so full of abuse and lack of respect for the interpreter as an individual, or our craft as a profession you have no choice but to get out of the zest pool before you are permanently harmed. This is what I am told has been happening for some time in a particular state.
If you are a regular reader of this blog you remember other occasions when I have written about irregularities in several court interpreter programs at the state-level, including this state, but this time the stories have a human aspect I could not keep to myself.
Sometime ago, this state adopted a billing system similar to the one used by other states (and non-judicial government agencies) that required certain information from the interpreter and some data about the work performed. In that state, interpreters are paid by the hour with a two-hour minimum guarantee (and a bunch of bizarre rules requiring the interpreter to travel to other cities and counties within the guaranteed period of time we will not discuss in this post). The billing system asks interpreters to enter their time, including the time when the “proceeding” ended. The billing system is confusing and it takes some skill and time to understand it and use it correctly. There is no technical help available on line from the state’s Administrative Office of the Courts as far as I know.
As we all know, interpreters are busy interpreting, understanding the culture of the foreign client, and in a court setting they are also paying attention to their surroundings to protect their physical integrity. And to any regular human, the requirement of reporting the time of an assignment and writing down when the “proceeding” ended would be met by entering “3:30 pm”. In the dark dungeons of immeasurable insanity, an invoice can be rejected if I entered “3:30 pm” and the recording machine that keeps the record shows it ended at “3:24 pm”. The invoice will be sent back even when the times coincide because I entered “3:24 pm” instead of “15:24”. Dear friends and colleagues: They want military time!
You can see that the billing system is twin brother of the bizarre, and it could be intimidating for some colleagues. Depending on where in the world you come from, certain things can make you uncomfortable. Add to it the fact that, in the opinion of many, the staff in charge at the Administrative Office of the Courts (where there is not a single certified court interpreter) is not known for their warmth or devotion to the interests of the interpreters or the well-being of the profession, and you can get situations like the one of a very well-respected interpreter who I have known for many years, and strikes me as a professional and dedicated colleague.
This individual is an interpreter in a language combination common in some parts of the country, but rare in a small state like this one, although there are many speakers of the language all over the state. He felt confused, embarrassed, and intimidated to where, after having some invoices rejected for petty reasons like the one above, he did not invoice the state for about a year. A rare language interpreter, actually, the only certified interpreter with that language pair in the State, worked for a full year without getting paid. Finally, when he sent in all of his invoices to the Administrative Office of the Courts, he was met with a bunch of one-sentence communications (I saw 44) rejecting all of his filings because of some nonsensical excuse. To this day, even without pay and after being disrespected, the interpreter continues to work within the court system because he knows he is the only interpreter in that language combination in the state, and he feels bad for the people who go to the court system seeking justice.
This is not an isolated case. A year earlier, the same thing happened to another interpreter whose invoices were also rejected for petty reasons. This interpreter, also one of the most professional in the state, reacted differently, and after being retaliated against by the Judicial Branch administrative authorities, he decided he had had enough and quit. He is now interpreting for the courts in a different state. I was told by at least three interpreters that depending on the individual doing the filing, the same insignificant billing mistakes are often overlooked by the administration. If this was true, it could have something to do with who the person filing the invoice is. I will not get into that because it is a legal matter that interested parties will no doubt take to court. The issue we are discussing here is the collateral damage that irrational billing requirements by federal and state-level judicial authorities are creating.
These actions, presumably adopted to protect the quality of the services provided, and watch over the taxpayers’ money, are scaring away many good interpreters because of the undue burden and lack of flexibility by often well-intentioned, but not very knowledgeable, government workers who apply these policies with no discretion or awareness of the damage they cause, and the money they cost to the state. I for one stopped doing CJA attorney cases, one interpreter in the story moved to a different State, and the only certified interpreter in a rare language pair in the state may decide that he will not take it any longer and decline court assignments, forcing the authorities to hire out-of-state interpreters at a much higher cost to the citizens of the state. I now invite you to share your stories with the rest of us, and if you fear retaliation, I assure you that your name, place of residence, language combination, and any other information that could identify you, will not be included in your comments.
When client and agency do not listen to the interpreter.
April 3, 2017 § 5 Comments
After years of working as a professional interpreter you get to see and live many things. It is called experience. Learning from our mistakes, observing the way other colleagues solve a problem, and years of practice and study make us better interpreters, and gives us the confidence to tackle tough assignments.
Once, years ago, I was retained to interpret during a very important event with the participation of some of the highest government officials from many of the most powerful countries in the world. The event was held in one largest city in the world. It involved several interpreter booths, and interpreters of different language pairs.
The assignment, we were told, was to take place at three venues and it would include all of the guests: A big ballroom for a round table discussion by the dignitaries during the morning session; a press conference in a separate room but at the same facility right before lunch; and where they would eat, there would be several speeches by some of the distinguished visitors right after lunch. In my particular case, the Spanish booth would have several dignitaries needing interpreting services.
The city hosting the event is a world-class city that holds many top-tier events throughout the year, but it is not the capital of a country. The local government officials in charge of the activities had great experience with logistics of summits like the one about to take place, and the local interpreting agency is arguably the best one in the region. Unfortunately, they were overconfident and did not prepare for an event involving so many celebrities and such a myriad of languages.
The interpreters in the booths, and the interpretation equipment technicians, who are often the same all over the world, had worked in these conditions many times and knew what needed to happen.
From my first telephonic conversation with the agency, certain things had not been planned thoroughly and I raised my concerns. The main problem was that, after the first session, the dignitaries would have a press conference somewhere else in the building, but unlike the first ballroom, this time there would only be interpreter booths for certain languages: the ones expected to get most questions from the media, and Spanish was not one.
When I asked what would happen if one visitor was asked a question, I was told to just walk to him, whisper the question in his ear, and interpret the answer consecutively. Logically, I had the two obvious follow-up questions: How am I going to find my way to the guest quickly when surrounded by so many bodyguards; and second: What about the context? Are these VIPs supposed to divine what was said before the interpreter gets to them? Had they thought that these visitors would have no context and no idea about everything said in the press-conference up to that point?
First I was told that they would look into it. Days later nearly at the event, I was told that things would stay the same despite my objections and concerns. I suspected something would get ugly the next day but it was too late to back out of the project. I was left with one last recourse: Use my experience as an interpreter to do the best I could under those circumstances.
When I arrived to the ballroom on the morning of the event, I was greeted by a well-known interpreter equipment technician who told me right away: “You know there are no booths for you at the press conference and at the luncheon, right?” Well, I knew about the press conference, but the luncheon situation was news to me. I was told that only the English, Arabic and French interpreters would have booths at those two events. I just threw my hands up in the air, smiled, and told him: “well, at least it couldn’t get any worse, right?” He looked at me right in the eye, and answered: “at least you are not the Korean interpreter. They don’t have a booth here either. The will be asked to sit right behind the Korean delegation and whisper the entire thing…” I just turned around and retrieved to the safety of my “morning-only” Spanish booth.
The morning session went fine. My colleague in the booth and I did our job as usual and the round-table moved along as scheduled. I must say I was impressed by the professionalism of my Korean colleagues. After taking a deep breath when they learned there would be no booth, they went to their delegation, sat behind them, and interpreted magnificently without complains or remarks about the adverse circumstances they encountered.
We moved on to the second event. The Spanish interpreters were lucky at the press conference because there were no questions to any of our clients. I felt bad for them as they sat there without understanding a word of what happened during the session, but at least I was not in the shoes of the Portuguese interpreters who had to do their best Harry Houdini impersonation to squeeze in and reach their delegations from Brazil and Portugal to do a whispered rendition for their clients, without the benefit of any prior context, followed by a consecutive interpretation of a long answer by one of the two delegations.
The luncheon was another disaster with little room for extra chairs for the interpreters and without headphones. I call this interpretation “silverware interpreting” because it is difficult to hear anything a speaker is saying when you must listen over your own voice and the symphony of spoons, forks and knives dangling against the china. I heard no derogatory remarks, but the delegations were not happy with the interpreting infrastructure offered by the program organizers.
I realized there are no valid excuses for these mistakes. It is understandable that clients and agencies who rarely work these events, especially if they are monolinguals, may not think of all these basic needs of the foreign language audience; what is inexcusable is to ignore the interpreters’ and sound technicians’ comments and observations when they live and breathe these programs. Ignorance or stinginess should never be an obstacle to the correct delivery of a professional service.
I now ask you to share with the rest of us those times when you knew more than the agency or the client but they did not listen.
Interpreting depositions correctly.
March 27, 2017 § 20 Comments
Next to interpreting in a hearing, legal depositions are the most common professional service provided by court interpreters. They are in high demand, the field is full of potential direct clients, and they usually pay much better than an assignment by the court. With so many apparent advantages, the question that first comes to mind is: Why so many court interpreters do not pursue these assignments? And even among those who provide the service regularly, why is it that so few of our colleagues know what depositions are for, and how to correctly provide the service to ensure top accuracy and quality? Let’s see:
A deposition is the testimony of a witness taken orally (oral deposition) or in writing (interrogatories) outside open court, but in compliance with a court order or statute. It is a pretrial discovery device by which one party, through their attorney, ask oral questions of the other party or of a witness of the other party. It is conducted under oath or affirmation, without a judge, usually at the law office of one of the attorneys or at a court reporters’ office, and a word-for-word transcript is made. Interrogatories are answered in writing under oath or affirmation as well.
Depositions take place in both, criminal and civil proceedings and they are an extremely important part of the discovery process that takes place in an adversarial system, so that the attorneys of one party know what the counterpart or their witnesses will say during the trial. (Fed. R. Civil P.26 et seq.; Fed. R. Criminal P.15)
Oftentimes I run into colleagues who complain about “having to interpret” during a pretrial hearing “instead of interpreting during the trial”. My usual answer has to do with the importance of the pretrial motions and the discovery in general. I try to convey the concept that most cases are won or lost during the pretrial. Ascertaining the facts, excluding illegally obtained evidence, impeaching a witness based on statements made during a deposition, are invaluable as these legal actions and decisions determine what a jury will and will not hear at trial. A litigant exits the pretrial process with a strong winnable case or weakened by the discovery and pretrial motions argued before the judge.
Because of the importance and complexity of a deposition (and all pretrial actions and motions in general) it baffles me how extreme professional interpreting services can be at this stage of the process.
As depositions do not take place in the presence of the court, interpreting services for non-English speaking deponents are left to the professionalism, knowledge, and pocket of the attorney who represents the client. Because many attorneys seldom deal with foreign-language speakers, and for that reason know very little about interpreters and their services, they tend to seek the services of an agency, not for its quality or reputation, but because it was suggested by another colleague who had a case involving a non-English speaker in the past. For the most part the recommendation by the other attorney has to do with things such as: “they are cheap and they are quick”. Quality and experience are mentioned every once in a while.
We all know that, for the most part, there are no standards or policy regulating who can be an agency in the United States. This is an invitation to those with little to no interpreting knowledge to throw their hat in the ring and profit from this very popular professional service.
For the same reason: lack of basic quality standards, many paraprofessionals who unsuccessfully attempted to become certified court interpreters and failed, gravitate to this goose with the golden eggs where they will be on high demand by the above-mentioned ignorant agency owners who in turn will satisfy the requirements of the law office by providing interpreting services that are quick and cheap, regardless of their questionable quality.
But the landscape gets more complicated: For the same good reasons that bottom feeder agencies and paraprofessional interpreters are attracted to depositions, the best of the best in the world of legal interpreting participate in this market as well.
You see, federal and state court systems retain the services of certified court interpreters, these professionals are for the most part better than non-certified, and from that point of view they are in demand. The problem is that the judiciary does not pay that well, with federal fees being half or less of what a conference interpreter makes, and under constraints of fixed fee schedules and budget cut limitations, the courts are less attractive to the very best in the profession. On the other hand, these top-notch court certified interpreters can negotiate with responsible and experienced law firms that value quality over rock bottom prices. This is the world of the direct client. Reputable agencies who handle big law firms and have a name to protect will also approach and retain these same high quality individuals. In fact, the field is so attractive that even interpreters from the highest caliber who usually do not work in the court system, and despite their vast experience and great skill have never pursued a court certification (but no doubt that candle these assignments because of their knowledge and capacity) provide interpreting services in depositions.
The result of all of the above circumstances and the participation of the wide range of individuals involved in this professional service is a reality where some depositions are interpreted at the highest possible level while at the same time many others are being butchered by paraprofessional interpreters, unscrupulous agencies, and careless lawyers. What a mess!
The good news is that, if they choose to do so, the best interpreters will be able to find good professional profitable clients whose clients will benefit immensely of a properly conducted discovery. The bad news is that many litigants, unaware of this reality, will trust the judgement of their advisers and end up with a defective interpreting service that most likely will impact the outcome of their case one way or another.
The solution to this problem, from the interpreters’ point of view, is relatively simple: stick to the good clients and ignore the bottom feeders. You do not need them, and they think they do not need you.
To me the biggest problem for the best interpreters who work depositions is, dear friends and colleagues, the alarming practice followed by so many of the top interpreters who accept to work alone in a deposition. Yes, I am referring to all of those who work solo, even when they provide services to the richest law firms in the world, including the work they do in very high-profile cases.
Team interpreting is a typical professional practice where two (or more) interpreters work as equal members of a team, rotating responsibilities at prearranged intervals and providing support and feedback to each other. This practice provides continuity and accuracy in the message transmission as it avoids fatigue and allows for word and concept checking during the rendition.
The National Association of Judiciary Interpreters and Translators of the United States (NAJIT) clearly spells out the function and the need for the second interpreter: “…The typical team is comprised of two interpreters who work in tandem, providing relief every 30 minutes. The interpreter engaged in delivering the interpretation at any given moment is called the active interpreter. His job is to interpret the court proceedings truly and accurately. The other interpreter is called the support interpreter. His job is to… (2) assist the active interpreter by looking up vocabulary, or acting as a second ear to confirm quickly spoken… 4) be available in case the active interpreter has an emergency; and (5) serve as an impartial language expert in the case of any challenge to interpretation…” (NAJIT Position paper Team Interpreting in the courtroom. Primary author: Andrew Erickson. 2007)
Scientific studies have shown that mental fatigue sets in after approximately 30 minutes of sustained simultaneous interpretation, resulting in a marked loss in accuracy. This is so regardless of how experienced or talented the interpreter may be. A 1998 study conducted at the École de Traduction et d’Interprétation at the University of Geneva, demonstrated the effects of interpreting over increasing periods of time. The conclusion of the study was that an interpreter’s own judgment of output quality becomes unreliable after increased time on task. (Moser-Mercer, B., Kunzli, B., and Korac, M. 1998. “Prolonged turns in interpreting: Effects on quality, physiological and psychological stress.” University of Geneva, École de Traduction et d’Interprétation. Interpreting Vol. 3 (1), p. 47-64. John Benjamins Publishing Co.)
It is true that most reputable agencies and experienced law firms grant the solo interpreter, who is providing the services at the deposition, the choice to take as many breaks as needed. This is often the justification I hear from my colleagues as well.
I am glad that they get to rest their brain and voice every now and then, but it is not enough. There is no scientific conclusion as to how long the interpreter needs to rest before being back in optimum shape in order to continue the rendition with the same quality and at the same level as it was done at the beginning of the session. Obviously, the University of Geneva’s findings suggest that it takes about 30 minutes to get back to the top of your game.
I do not work under these “solo” conditions, but I could assure you that interpreters do not get a 30 minute break for every 30 minutes of service, and if they do, the attorneys would be better served by having a second interpreter actively interpreting during those 30 minutes. You see, it is a myth that having short breaks here and there will protect the interpreter and assure the quality of the service. This “solution” was developed to make everybody feel good even though nothing is really accomplished from the interpreter’s and the interpretation’s perspective. The only “positive” outcome of this solo work with “as many breaks as needed” has to do with the pocketbook of the law office and the profits of the agency. That is all.
But moving beyond that, there is a second, and equally important issue that goes unsolved without team interpreting.
Interpreting is a human task. It is extremely complex and delicate. Depositions present difficult situations that interpreters must solve in order to fulfill the ultimate purpose of the deposition: to ascertain the facts of the case, and to learn the unknown, to be able to ultimately prevail in court. In a deposition setting, interpreters need to understand and convey the message in two different languages, often spoken by individuals of different backgrounds, education, and willingness to disclose the truth. Interpreters need to find in their brain the appropriate scientific terminology, technical word, and regional expression that a deponent has used in the source language. The need to double-check a term, clarify an idiomatic expression, and research a concept are always present; In fact, they are the regular practice of the best interpreters who understand the relevance of the task at hand, and professionally look for the appropriate equivalency with the right syntax and grammar. This is not a job for one. Team interpreting allows the active interpreter to remain mentally fresh, while the support interpreter takes on other functions that would lead the active interpreter to cognitive overload.
For these reasons, it is universally accepted that team interpreting is the standard practice in courtrooms, conferences, international organizations, government events, and any other assignment that may last over 30 minutes. I only agree to do a deposition when I am working with a partner. My sense of professionalism, my reputation, my health, and my sanity, would not allow me to do anything else.
I invite you to stand up for what is right for you and for the profession. Just as you refuse to interpret a trial unless you have a partner, I encourage you to demand team interpreting in all depositions. It is only then that you will be living to the highest standards that a legal process requires. It is only then that you can unequivocally say that you did your best job at a deposition. Working solo, even if you take short breaks, will not relieve fatigue and it will not magically produce a support interpreter who will help you navigate the treacherous waters of legal interpreting. I now invite you to share your thoughts on this extremely important issue and the terrible practice that permeates deposition interpreting.
Interpreting a live sports event.
March 15, 2017 § 1 Comment
Today sports play an important role in our world as entertainment and business. We are all aware of the enormous amount of money that events such as the Olympic Games and World Cup Soccer (football outside the United States) generate from advertisers and broadcasting rights.
In a globalized economy, thanks to modern telecommunications, people can follow and root for teams and athletes from every continent. This presents corporations, governments, and sports federations with the challenge of making the games and matches available to everyone, regardless of the language they speak.
The days when the only sports-related events requiring interpreting services were the meetings of the International Olympic Committee, or the conferences attended by FIFA executives are behind us. In this new reality people are watching England’s Premier League, Pay-Per-View world championship boxing, and the Super Bowl from every country in the world. World-class college athletes train and compete in countries where they were not born, and professional hockey and basketball players become stars in foreign countries. These days all Major League Baseball teams are contractually obligated to provide interpreting services to their foreign-born players who do not speak English fluently, and interpreters living in the United States are getting used to reading ads from professional baseball teams looking for Spanish or Japanese interpreters to be a part of their staff for the entire season.
This time I will skip the description of the professional interpreting services provided by sports conference interpreters during a league or federation meeting where they will interpret for executives, government officials, and athlete’s representatives. I will not discuss the job of sports escort interpreters who accompany professional and amateur athletes for an entire season, acting also as their cultural advisors in everything from training camp to the clubhouse; and from traveling to the away games to opening a bank account, or assisting them during an interview with the media. I have touched on these services before and I plan to do it again in the future.
On this occasion we will talk about the job of the sports media interpreter during a live event.
As a big sports fan, I consider myself extremely fortunate to be able to interpret during the broadcast of boxing matches and team sports’ games and tournaments. There are quite a few of us who do this worldwide, but the proliferation of media outlets and the ever-growing public appetite for more sporting events has turned this interpreting field into a more than viable option for many more colleagues in the immediate and long term future. For this reason, I decided to write about the many services provided by a sports media interpreter during the broadcast of events such as a UFC fight or a soccer game.
Basically, a sports media interpreter can provide professional services in different environments: Live at ringside during a boxing match; live on the basketball court during halftime; live for a quick interview from inside the cage after a mixed martial arts fight; or live before and after a baseball game during a press conference.
One of the most compelling jobs that an interpreter will ever have to perform is that of a ringside or cage-side interpreter for a boxing or mixed martial arts combat. Interpreters sit ringside or cage-side just like the sportscasters; they get a microphone and a headset, and interpret live for the radio or television broadcast the conversation between the fighter and their corner, as well as the encouragement and instructions from the trainer. The task is difficult as the interpreter needs to know sports terminology, idiomatic expressions, and has to be up-to-date on the most current events in the world of that particular sport. A break generally lasts sixty seconds and the broadcast splits the minute between the two corners; therefore, the interpreter has about thirty seconds to render the conversation simultaneously on a clear pleasant voice, but conveying the emotions experienced by those in the red or blue corner. This must be done in the middle of a noisy arena where music is playing at the highest decibel levels, at the same time that a producer is whispering instructions into the interpreter’s ear through the headphones.
Finally, because these corner conversations are intimate talks between fighters and seconds, there are times when those who are having the conversation code-switch from one language to another (in my case English into Spanish and vice-versa) or use foul words, and even racial slurs. Interpreters’ concentration is paramount as they have to stay on the target language regardless of the code-switch, and they must decide, according to their contractual obligations with the broadcasting company, or their professional judgement in lieu of the former, whether or not they will interpret the bad words. This has a lot to do with cultural and legal considerations. Audiences in different countries react different to foul language. Sometimes, depending on the network, interpreters have less room to maneuver on the field of profanity. Over-the-air stations usually ban this vocabulary while cable TV is more tolerant. Some countries have a brief time-delay of a few seconds before broadcasting a live event.
Racial slurs are universally left out of the interpretation as they add nothing to the sport-watching experience. The most important rule is to keep it accurate but coherent, informative, and brief. The interpreter never can go beyond the time allotted to the corner conversation. Sometimes there is a second interpreter of another language pair waiting for you to finish so they can start their thirty seconds from the opponent’s corner and you cannot eat up part of their time. Sometimes it is even more complicated as you have to interpret both corners dedicating thirty seconds to each fighter.
Sports media interpreters also provide their professional services for brief one-on-one interviews with a sports broadcaster. They usually happen at the end of a game or bout, during the halftime of a team sport’s game like football, soccer, or basketball, or in between periods in a hockey match. In boxing and mixed martial arts they take place in the cage or ring, and for the other sports the interview can be on the field, court, or right outside the locker room.
Unless you are working in the clubhouse, these interpreting assignments are performed in a very noisy environment and without a headset which makes it difficult to hear the interviewer’s questions and the athlete’s answers. Because they are extremely short, generally about ten to thirty seconds, the one or two questions by the sportscaster (with the second being a follow-up question many times) are interpreted simultaneously by whispering into the athlete’s ear, and the answers are interpreted consecutively speaking into the microphone held by the interviewer.
All rules above apply to this interpreting situation as the limitations are similar, but there is one unique situation that often arises during these interviews, especially the ones that take place after the game or fight: Regardless of the question they are asked, many athletes start by thanking or acknowledging a higher power, and they end the interview by greeting certain people in their staff, their hometown, or any other group they identify with. Because of time constraints, the interpreter should limit the rendition to the subject matter, leaving out these statements and greetings. Air time is very expensive and the audience has a short attention span.
There are times when TV networks do interviews that are slightly longer right after the fight or game. They do them at a TV set built under the seats of the arena or stadium. Usually, these short interviews take place before the athletes get to the locker room and they last about two to three minutes. For these interviews, the interpreter generally appears on camera between the sportscaster and the athlete and does an abbreviated consecutive rendition of both, question and answer. In this situations, interpreters are given the question ahead of time so they have a chance to figure out how to shorten it by going straight for the main topic at issue. Again, answers are kept to the essential, and the interpreter must look professional and sound pleasant. Interpreters speak into a microphone held by the sportscaster and usually go to the makeup chair before appearing on camera. As you see, to perform these unique tasks interpreters who do this type of work must have deep knowledge of the sport in question, have vast knowledge of the athlete’s career, and need to be up-to-date on everything that is going on in that particular sport. You must keep in mind that there are many in the TV and radio audience who know everything there is to know about the sport. I hope this explains why sometimes some interpreters who are not familiar with this type of work unjustly criticize sports media interpreters’ performance with remarks about everything that was “left out” of a question or an answer. Now you know the true story of the “he didn’t say that” or “that is not what they asked”.
Another common professional service in the world of sports media interpreting are press conferences. Like all similar events interpreted by conference interpreters, sometimes the question is interpreted simultaneously from a booth, and on occasion the rendition is consecutive. Answers are generally interpreted on the consecutive mode, and rarely rendered simultaneously. When the interpreters are not in a booth, they sit away from the TV cameras at a table with microphones and headsets. Here the interpretation is just like at any other press conference.
In individual professional sports there is usually one press conference on the day before the event and a second one right after the match. For team sports there is usually one before and another one after the game. These team sports’ conferences are attended by the coach of the team and some of the most distinguished players during the game. Before the game the visiting team goes first, followed by the home coach and players. After the game the winning team goes last. Unlike the other interpreting services described above, press conferences are interpreted by teams of two or three interpreters, and unlike most other press conferences in the world, sports press conferences often take place in the wee hours of the night (often spilling over into the next day).
Every day we see more TV stations emerging all over the place; most of them are local in coverage, and because local sports coverage is relatively inexpensive compared to producing TV series or movies, and due to the popularity of sports, especially local teams and athletes, there will be more broadcasts of regional tournaments everywhere. This reality, paired with globalization, which brings to your hometown athletes from other latitudes who many times do not speak the local language, will continue to build up the demand for sports media interpreters all over. I immediately think of the hundreds of professional minor league farm teams in the United States for example.
I hope you will find this brief description of the profession useful when deciding whether or not to apply for one of these jobs. I now ask you to share your thoughts and experiences as sports media interpreters.
A despicable practice in healthcare interpreting.
March 8, 2017 § 3 Comments
For several months I have received phone calls and emails from some of our healthcare interpreter colleagues in the United States complaining about the same situation: Unscrupulous interpreting agencies asking them to work for laughable fees. I know this is not breaking news to you; we all run from time to time into these glorious representatives of the “industry”. What makes this situation different, and motivated me to write this post, are the shameless tactics used by these agencies’ recruiters. They have decided that giving the interpreter a guilt trip will soften us up enough to work for a miserable fee that will not even pay for gas and parking, or for the babysitter.
Oftentimes when interpreters provide their fee schedule for healthcare interpreting services, these programmers, recruiters, project managers, or whatever may be their official title in that particular agency, throw the ball right back in the interpreter’s court, not to negotiate a professional fee that is fair considering the complexity of the service requested, but for the interpreter to feel awful about turning down an assignment. The argument goes like this: “…but the patient does not speak English and he is really sick… we cannot afford the fee you requested; his condition will get worse unless you help him… the patient really needs you…” Another version they use brings up the issue of all patients’ right to an interpreter derived from Title VI of the Civil Rights Act. In that case, the agency representative would add something like: “…but you know these people must have an interpreter if they don’t speak English, and you are the only one in town. We all need to comply with the law. It is your duty as a healthcare interpreter. You cannot use the fee as an excuse…” To make a long story short, these agencies are passing the ball to the interpreter through guilt trips and fear.
The good thing, dear colleagues, is that interpreters are not obligated to provide professional services under Title VI of the Civil Rights Act. The fact that there may not be an interpreter to assist the patient may be something awful, but it is not your problem. Let me explain:
Title VI of the Civil Rights Act of 1964, 42 USC Section 200d et seq. prohibits discrimination on the basis of race, color, or national origin (including language, according to President Clinton’s Executive Order No. 13166, Aug. 11, 2000, 65 F.R. 50121) in any program or activity that receives federal funds or other form of federal financial assistance. The term “program or activity” and the term “program” mean all of the operations of a department, agency, special purpose district, or other instrumentality of a State or of a local government; or the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government. It also includes colleges, universities, or a public system of higher education; and a corporation, partnership, or other private organization, or an entire sole proprietorship if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole, or if it is principally engaged in the business of providing health care, or social services.
Therefore, it is the hospital who has the obligation to provide the interpreter. Not you. In fact it is not the interpreting agency’s legal obligation either. Federal funds and other types of assistance are very important to hospitals and universities for research and other purposes. It is extremely unlikely that one of these institutions would risk losing those resources just because they are unwilling to pay the healthcare interpreter’s professional fee.
If the interpreter is contacted by an agency, it means that said company has a contractual relationship with the hospital or medical institution to provide interpreters in order to comply with the mandate of Title VI. The agency is getting paid by the hospital, but they now want to profit a little more at the expense of the interpreter. When an agency has this plan of action to be more profitable, they direct their agents to generate the highest profit possible. This is when they resort to despicable practices like the ones described above.
It is important that we as interpreters understand the law, and recognize these horrible practices. It is also essential that we take action in two different ways: (1) Always turn down these agencies, and (2) Let the hospital know that their contractor agency is jeopardizing the hospital’s Title VI compliance by scaring away the professional interpreters because of low interpreting fees and disgusting practices such as these guilt trips. I am sure that hospital administrators will put an end to this “activities” very quickly.
I now invite you to share with the rest of us any experiences like the ones above that you, or another colleague had with an agency, and what action you took to stop this from happening again.
Interpreter fees and costs. Avoid misunderstandings.
March 1, 2017 § 9 Comments
Many interpreters complain that clients do not want to cover their expenses; that they do not understand why we charge for costs separately when we are already asking for a well-deserved hefty fee. The complaining seems to include agencies and direct clients alike, and it makes many of our colleagues uncomfortable.
Interpreters dislike the subject because they do not how to charge fees and costs, or because they do not really understand why we must be paid for both of these items. As for the client, many agencies just do not want to pay because their business plan is to profit as much as they can get away with, and to keep the interpreter from the money for as long as possible, or for as long as the interpreter allows it. Direct clients have different reasons, but they can all be summarized in one: lack of knowledge. They do not know what the interpreter does.
As we just saw, they may have different reasons to dislike, and frankly avoid, paying for interpreter fees and costs, but most of their hesitation and reluctance to pay can be eliminated with some clarity and a simple system.
In the past, I have discussed the items we must consider when calculating our professional fee and what costs we need to pass on to our client. You can read these blog entries somewhere else in my blog. Today we will explore a system that will help you educate the ignorant client and will protect you from the Draconian one-sided “job opportunities” that some agencies put on your table.
The first thing I do when I am contacted by a serious client who wants to retain my professional services, is to find out as much about the assignment as possible: type of interpretation that will be required, subject matter, name of the individuals giving the speeches or presentations, dates when my work will be needed, duration of the project, place where the services will be provided, work conditions, equipment to be used, languages provided, name of the other interpreters already retained or prospective interpreters who are being considered for the assignment, and I always want to know what it I exactly that the client expects to be covered by my professional services.
After a good chat, and sometimes more than one when the project is big and the client needs to get the answers to some of my questions, I inform them that they will hear from me within 24 hours. I explain that they will receive an email with an estimate for the professional fees and costs I would charge for the assignment as presented to me. Then I get to work.
I already have a format that matches my professional style and personality. This gives me the organization and coherence needed to be able to explain what I do and how much I charge.
I suggest you develop your own format for your estimates, and as always, everything that I suggest in this entry, and anywhere else in the blog, is not intended as legal or financial advice; these are just mere suggestions that in no way guarantee you any result. If you need to know financial, legal, or other consequences, please retain a professional.
Whether you prepare your estimate form on your own, or with professional help, I strongly encourage you to at least include the following:
On a nice document, formatted to your taste as far as font size and style, letterhead and logo, and color of both, background and font, start with your document’s personalized title: Something like “Estimate of Professional Interpreter Fees and Costs Submitted to XX Corporation for the XX Conference in XX City from X date to X date”.
Next, inset an introductory section where you go into more detail about the service you would provide to the client. Something like this: “This estimate is submitted at the request of XX Corporation, with its address at XX Avenue in XX City, regarding professional interpreting services XX language<>YY language in XX City, on the following dates: from X date to Y date, during the XX Conference of XYZ Topic”.
On the next section of your estimate, you need to talk about your professional fees, so start by including a section title such as: “Professional Fees”, or “Professional Interpreter Fees”, or something similar. I would always include the term “professional” to underline the fact that, if you are hired, they would be retaining the services of a professional just like a physician or an accountant, not an unskilled laborer. Then, I would describe my work with words like: “My professional daily (or hourly) fees for simultaneous interpreting, consecutive interpreting, and sight translation (depending on the service you are about to provide) is $XX (per day or hour) for a total of XX days (or hours). The total amount would be: $XX (unless there are other interpreting fees for additional hours (days) as described below. The professional fee for hours of service in excess of 8 per day would be $XX per hour in XX amount of minute increments.” After that paragraph, you can add:
“This professional service includes (telephonic) (in person) interpreting at the convention center (hotel, plant, law office, etc.) Other than the professional tasks above, I will not provide any other services such as (answering phones, making tea, hussle for customers, technical support), or any other service that goes beyond interpreting services and the cultural adviser function implicit in conference interpreting. Under no circumstance I will drive a vehicle for you or any of your clients, customers, associates, etc.”
At this point you will be ready to move on to your “expenses section” of the document. Start with the most expensive ones that the client has to advance you or reimburse you for. I always start with transportation expenses: Airfare or train tickets. Maybe something similar to this: “Payment in advance for the flight from XX City to YY City and back”. If possible, do your research so you can include the total cost, including taxes and incidentals such as luggage, priority boarding, and similar services unless your frequent flyer status allows all those things for free. Always get suggestions based on the Airlines you want to fly, the airports you prefer, and the time of the day when flying is more convenient to your Schedule. Make sure to include something in case airfare or train ticket prices change because the client takes too long to approve the estimate and sign a contract. Saying something like this may come in Handy: “The ticket prices above are not guaranteed until purchased. For that reason, prices could increase. If this happens, it is your responsibility to advance the correct amount according to the price on the day the ticket is purchased”. You can also include your arrival time and your departure time from the city where the assignment will take place. This way the client does not get any ideas about putting you to work before you get there, or up to 10 minutes before your flight leaves. You know your clients, and everybody is different, but for long trips I would require a business or first class seat in order to get to work fresh instead of tired from the trip.
I would then insert my ground transportation expenses. Many interpreters do not include these expenses. They should. Your client needs to pay for your ground transportation back at home from your office to the airport, and back; for your transportation from the airport to the hotel, and back, at your destination, and from all trips to and from the hotel to the venue where you will be interpreting. I do not believe that you have to charge for a stretch limo, but do not use the airport shuttle or the subway either. Travel by Taxi, Uber, or something similar. Based on prior experience, include an estimated total amount for ground transportation, but explain to the client that this is an expense they will have to reimburse because at this time you have no way to know the exact amount of the expenses; unless you both agree to set a fixed amount ahead of time and that lump sum would be all you get. You may lose some money, you may end up with a little more than the expenditure, but at least you would include ground transportation in the same check with your fees and all other expenses.
Once you covered transportation, the next big expense is lodging. I would demand a room in the same hotel where the event is to take place, and I would never accept sharing the room with another person. No roommates, no motels of dubious reputation, not cheaper hotels outside the county an hour away from the venue. Besides the hotel room, I always ask for the internet service. As you know, must budget hotels include internet service (and breakfast) in the price of the room, but most top hotels (where you will be staying during the assignment) have an extra charge. The client must pay for it, as you will need access to the internet for professional reasons. I would insert something like this under “lodging expenses” on my estimate form: “Payment of hotel room for the following nights: XX, YY, and ZZ at ‘XX Hotel’ in XX City, plus any charges for internet access. As of today, the hotel rate for a single one bed room is $XX (plus taxes and internet service charges) but said amount is subject to change. If so, you must cover the hotel fare applicable at the time of the reservation”. You can also agree with your client that they will directly take care of the hotel and internet service. This is common in big events because the client already has a hotel group rate and they will just add you to the same package.
An estimate can include many other things, but there is at least one more expense that is usually forgotten and should be included in all estimates. I am talking about your Per Diem.
Meals during professional trips are expensive. Most venues offer costly restaurants, and many times interpreters have to eat at airports or order room service late at night when they finally finish work. These meals have to be paid by the client. In the United States, and in many other countries, the federal government has pre-set fixed Per Diem rates based on the particular city or town’s cost of living. In the United States, the IRS has a list on line for all towns and cities in the country, and the U.S. Department of State has the same thing for all destinations overseas. I usually inform the client that I have calculated my Per Diem based on said rates. It would be very hard for the client to argue against a Per Diem already established that is continuously adjusted and universally accepted. I would put the following under “Per Diem”: “I will receive as Per Diem, the daily amount established by the IRS for XX City. This amount for the year of XX is $XX per day, for a total of $XX for XX days.”
The next section of my estimate would deal with cancellation charges, and I would spell it out in detail, even if it turns repetitive, and ugly for a language lover. I would cover different possibilities because the more advanced the notice of cancellation, the better chances I will have to get my income on another assignment somewhere else; the closer to the date of the event, the more money I need to get as compensation from the cancelling client.
Expenses are different. Regardless of the advanced notice, a client would always be obligated to reimburse me for all expenses already made up to that time, including cancellation fees in those cases where an expense allows cancellation, but this will generate a penalty or fee. For this reason, it is always better to get part of the fee and expenses in advance. It is better to prepare a statement explaining the client how much money you will return (if applicable) than turning into a detective and chase the morose, and now uninterested client half way around the world to get paid and reimbursed.
I would include something along these lines:
Notice of cancellation XXX or more weeks before the event: No professional fees, but the client must reimburse me for all expenses already made, and for all expenses generated for returning the rest of the advanced payment to the client (because some banks charge for this service). Said amount will be deducted from the amount to be returned to the client if there are enough funds available. Otherwise, the client must provide payment for the amount in excess of the advanced payment.
Notice of cancellation XX or more weeks before the event: XX Percentage of the total professional fee, and all expenses already made, and for all expenses generated for returning the rest of the advanced payment to the client (because some banks charge for this service). Said amount will be deducted from the amount to be returned to the client if there are enough funds available. Otherwise, the client must provide payment for the amount in excess of the advanced payment…” And so on.
The next thing I include on my estimates is a table or a graphic with a summary of my fees and expenses, including totals. This makes it clear for the client. Besides the table, I would add the following so the estimate is crystal clear: “The client must pay the total amount indicated, unless there are any changes due to an increase on interpretation hours (days) or changes to any of the transportation or lodging prices. Please keep in mind that some taxes and additional charges are yet to be included, and they must be reimbursed to me as soon as I inform you of their existence”.
Then comes the terms of payment. This is crucial and when you spell it out for the client to see from day one, you are saving yourself some headaches and extra expenses due to late payments or disputed amounts. Payment should be prompt and non-compliance should carry consequences. How about something that brings up important points like these ones:
“The client must pay all professional fees and expenses as follows:
Advanced payment: Once this estimate is approved, the client will have 48 hours to make the advance payment, which will include XX percentage of the total professional fees, airfare (according to the applicable rate) hotel charges at the applicable rate (including taxes and internet service) unless the client directly pays for the hotel and related charges, including internet access. The advance payment must be in cashier’s check or by electronic transfer to my account. The remaining professional fees and expenses must be paid in full no later than XXX date. Any delays on this payment will generate a XX percent late payment interest”.
Finally, I would include the date and a place on the document for me and the client to sign as proof of agreement to the terms of this estimate. Like this: “Delivered to the client for review and acceptance on this date XX”, followed by both of our signatures.
Dear friends and colleagues, I believe that there is much to be done. We have to educate the direct client and identify and exclude corrupt greedy agencies, but we can also make our lives a little less complicated by adding some clarity to our charges. I have found that it is easier to explain my fees, expenses, and the scope of my professional services to those clients who have seen my estimate on paper. It allows them to understand and ask questions, and it gives us a road map to organize all those items that perhaps we have been paying for when in reality it is the client who has to cover them.
I hope that you find this explanation useful, and it motivates you to be more organized, assertive, and (because the contents of this blog post are not legal advice) to visit your attorney or accountant if you need professional help to develop your unique, tailor-made estimate of professional fees and costs. I now ask you to please share with the rest of you any tips you may have to make this process smoother and faster.
Do some state courts treat foreigners as second-class litigants?
February 22, 2017 § 1 Comment
For years, and especially during the past few months, there has been a lot of talk about the communities of foreign-born individuals who are physically present in the United States. All aspects of their lives have been debated and scrutinized: from their immigration status to their religion, from their ethnic origin, to the language they speak at home. Many articles have been written, and many discussions have been held about their right to stay in the country, the impact they have on the economy, and the actions of the federal government regarding their admission to the United States and the exclusion proceedings instituted against them. The policy the federal government has adopted towards foreign-born individuals in the United States has been rightfully questioned, criticized and denounced.
As interpreters, we deal with foreign-born people on a daily basis. We see what happens at the immigration courts (EOIR), the United States Immigration and Citizen Services’ (USCIS) interviews, Equal Employment Opportunity Commission (EEOC) hearings, and the federal judicial system. The news are not always good, but at least they are on the spotlight. Scandals such as SOSi’s abhorrent practices towards immigration court interpreters, the White House’s six-country travel ban, and the talk about the wall between Mexico and the U.S. are forcing the issue, and eventually things will have to change.
Unfortunately, foreign-born individuals physically present in the United States as immigrants, non-immigrants, and undocumented, face another terrible injustice that is turning into a reality, and eventually it could become an everyday threat: I am referring to a practice followed by state courts in many places that is gaining popularity and acceptance by the establishment, sometimes due to ignorance or indifference, and many times because of incompetence and greed.
This modern form of potential discrimination by state-level Administrative Offices of the Courts against people whose first language is not English has to do with access to justice: It is evident to me that state governments could be systematically discriminating against people who lack fluency, or do not speak English, by denying them the services of certified court interpreters in languages with a certification program, just because state government officials want to save money.
It is undeniable that those states where the language access program is not managed by a professional interpreter are at a tremendous disadvantage because there is a person with neither knowledge nor interpreting background at the helm; but the problem is even worse. Some states where the head of the program is an interpreter, and many state-level courthouses with full and part-time staff interpreters are just passively allowing for this to happen without moving a finger for fear to lose their jobs.
The potentially discriminatory practice goes like this:
During the Obama administration, state-level courts were made aware of the fact that the federal government was going finally to enforce, after almost forty years, Title VI of the Civil Rights Act which allows the withholding of federal funds dedicated to the states when the latter do not provide universal access to all the services offered, even if some accommodations need to be made in order to avoid discrimination based on many categories, among them not being able to speak, or fluently speak English. This included all state-level courts.
Before this development many states were running court interpreter certification programs. California had its own program, and in July 1995 Minnesota, New Jersey, Oregon and Washington State founded a consortium. Other states joined the consortium, and many states began to offer the services of certified court interpreters for criminal cases. A handful of states even provided certified court interpreters for certain litigants in civil cases. Unfortunately, lack of vision by the Administrative Offices of State Courts and by State Legislatures made the profession’s growth difficult because they refused to pay certified court interpreters a professional fee commensurate to the difficult, and sometimes dangerous, services provided.
This reality, coupled with judges’ ignorance that permitted non-certified court interpreters to appear in court, even though the needed language pair has a certification program, and certified interpreters were available, created an exodus of many of the best interpreters who migrated to more profitable interpreting fields, and made the profession less than attractive to new generations.
When the notice of enforcement of Title VI of the Civil Rights Act arrived, the states were faced with the possibility of losing huge amounts of money from the federal government. They knew that to save “their” money, they would need to provide access to justice to all individuals who did not speak English.
They finally realized what they had done (although they did not recognized it, or refused to acknowledge their fault). There were not enough interpreters to fulfill the federal mandate, and they did not want to lose their subsidies!
The best thoughtful solution to this problem would have been to boost the popularity of court interpreting as a profession by actively promoting the career and by making it more appealing. Responsible States would have developed a plan to encourage teaching of court interpreting at universities, colleges and community colleges. They needed to launch a campaign among high school students informing them of the potential opportunities as certified court interpreters. They needed to increase the times they offered their certification examinations, and they needed to pay an attractive professional fee, with cost of living adjustments, to all certified court interpreters. They needed to do this by lobbying State Legislatures for more funds, and if unsuccessful, by cutting or reducing other non-essential services and devoting those resources to the certified interpreter program. It was a matter of priorities and doing the right thing.
This did not happen. Instead of doing these things, state officials got together to see how they could keep the federal money coming their way. This is how the states came up with the Language Access Services Section (LASS), the Language Access Advisory Committee (LAAC) and the Council of Language Access Coordinators (CLAC). A system designed to protect their federal funds while giving the appearance of granting language access to all foreign-language speakers in State-court systems.
As a result of these developments, states opted for the easiest and cheapest solution, which basically follows three major principles: (1) Use video remote interpreting (VRI) as much as possible to reduce costs of an in-person interpreting service, and pay less to the interpreter as they would get paid by the minute, or in more “generous” states by the hour at a much reduced fee; (2) Use all those who demonstrated that they are not fit to become certified court interpreters, by creating a “new classification” of “credentialed interpreters” (Nevada) or “Justice System interpreters” (New Mexico) so that individuals who failed the court interpreter certification exam can work interpreting court proceedings; and (3) Use certified court interpreters as little as possible, while giving the appearance that these questionable new classifications had to be retained because no certified court interpreter was “reasonably available” to do the job.
This is happening in many states, and I ask you to please include in the comment section a report of what is going on in your own states. Because what is currently taking place in Nevada and New Mexico has come to my attention, I will share the main points with all of you.
The Nevada Administrative Office of the Courts is considering implementing this new category of paraprofessionals by rewarding those who fail the court interpreter certification test with access to work in court as interpreters. These decisions are being considered by the Nevada Court Interpreter Advisory Committee which is integrated by judges and administrators, and no independent certified court interpreter is part of the committee. Interpreters do not get notice of the Committee meetings, and so far, the person in charge of the interpreter program at the Nevada Administrative Office of the Courts apparently has shown no desire to inform interpreters ahead of time so they can at least attend the meetings.
Nevada courts use the services of way cheaper paraprofessional non-certified court interpreters even when certified ones are available, and currently, this state’s certified court interpreters are among the lowest paid interpreters in the country, despite the fact that judges and administrators make six figure salaries in Nevada. It is clear that there is a problem with the state judiciary’s priorities.
The New Mexico Administrative Office of the Courts is already rewarding those who fail the court interpreter exam by using the services of these much cheaper paraprofessional “justice System interpreters” (JSI) even when certified court interpreters are available. Under the excuse of unsuccessfully attempting to find a certified court interpreter, they are retaining the services of these individuals even when certified court interpreters were ready and willing to do the job. The State is also resorting to the way cheaper video remote interpreting (VRI) even when interpreters appear from other states and are not familiar with New Mexico law and procedure. It is very concerning that they are using this system and these interpreters for hearings of such importance as sentencing hearings.
The New Mexico Language Access Advisory Committee does include a disproportionate minority of independent interpreters; however, it is said that its meetings are sometimes hostile towards independent interpreters who raise objections to the dismantling of the certified court interpreter program, and that some interpreters have been refused work in the state court system even after all possible grounds for denial have been dissipated and proved unfounded.
Despite the fact that judges and the Director of the Administrative Office of the Courts make six figure salaries, New Mexico certified court interpreters have not seen a fee adjustment in a number of years, their expense reimbursements have been significantly reduced, and instead of having a professional relationship with a judiciary that makes an effort to prioritize access to justice and find funds to do it, they have been warned by the AOC that there is no money. They face an administration with an attitude that could be interpreted as contempt towards foreign language litigants, moved by a philosophy at the top that apparently believes that the AOC only has a legal obligation to provide “an interpreter”, not a certified court interpreter. To me, this is the pull the rabbit out of the hat principle where you create an “interpreter” category in order to get federal money. It is not about having a warm body next to the non-English litigant. It is about quality. The federal law requirement had in mind a professional service.
I do not believe that this is the time for interpreters to take it on the chin. There is a lot of turmoil in the country at this time, but the rights of foreigners are center-stage. Let’s seize the moment to protect the profession and make sure that states do not get away with this plan which could potentially discriminate against speakers of a foreign language by treating them as second-class litigants.
I suggest you educate your communities, talk to your state legislators, and speak to your local media. All of it is necessary, but I also propose you do two additional things that could make the difference:
First, I wonder how many litigants are aware of the fact that the individual provided by the court to “interpret” for them is not a certified court interpreter; that in fact, they will be dealing with somebody who has already demonstrated that he or she is not fit to be a certified court interpreter because he or she failed the exam. I would approach people in the courthouse and make them aware of this circumstance; I would even print a flyer explaining to them that this “interpreter” categories are as good as a three dollar bill, regardless of what the government tells them. Ask them how they would feel if instead of a licensed physician, their outpatient surgery was going to be done by somebody who failed to become a licensed doctor. Ask the foreign language speaker’s attorney what she or he would do if the court were to appoint a person who failed the state bar as the litigant in a divorce proceeding because there were no children to the marriage. You will see how fast they demand a real certified court interpreter for their case.
Second, organize yourselves either through your local professional interpreter association, or independently, and volunteer to attend court hearings where this paraprofessionals are “interpreting” (after all court is open to the public) and keep score. Write down every time one of these individuals is late for court, acts unethically, does something unprofessional, and makes an interpreting mistake. Write down how they enter their appearance in court, see if they claim to be certified court interpreters. After a few months, or during election time, send this information to the State Bar, to the publishers of voters’ guides, to the political parties, to non-for-profit organizations with tremendous weight in court elections such as Mothers Against Drunk Drivers (MADD) and to the local media. This way people will know who are the judges who care about access to justice, and who are the judges who only care about getting federal money.
I do not believe that these actions will solve all problems, but they will help to expose these programs for what they really are. If you do not do it, nobody will; not because they do not care, but because they do not know. I now invite you to share with the rest of us the current situation in your own state administrative office of the courts.
What is Presidents’ Day and how do you spell it?
February 15, 2017 § 2 Comments
As it happens with other American holidays, many colleagues who live abroad, and others who live in the United States but grew up somewhere else, have asked me the meaning of the holiday we celebrate in the United States on the third Monday in February. We have had forty five presidents in our country, and people often ask if we honor them all on this day. The answer is no. Let me explain.
The United States is a federation of fifty states and each state has its own legislation and decision-making process. As a result of this system Americans have two types of holidays: Those that are observed in all fifty states called federal holidays, and those that are only observed in a specific state. The latter ones are referred to as state holidays. By comparison with other countries the United States has very few holidays. The one observed in February is the third one on the calendar and it is just one of two holidays that commemorate the birth of a person (the other one is in January to honor the birth of Martin Luther King, Jr.)
All government offices close on federal holidays but the rest of the American people go to work on many of them. The February holiday is one of those that the majority of the citizens of the United States will commemorate by going to work.
The U.S. has many founding fathers, all heroes and authors of the great country that we Americans enjoy today, but there is only one “father of the country.” There is only one George Washington. Because George Washington was born in the American state of Virginia on February 22, and he is the father of the country, in 1879 The United States Congress determined that all government offices in Washington, D.C. should remain closed to observe his birthday. In 1885 this was expanded to all federal government offices all over the United States. On January 1, 1971 Congress passed the “Uniform Monday Holiday Act” and among other federal holidays, it shifted this one from Washington’s actual birthday to the third Monday in February. As an interesting footnote I should mention that this piece of legislation moved the holiday to a day between February 15 and 21, so the observance never coincides with Washington’s real birthday on the 22nd. For many years the holiday was known as “Washington’s Birthday.”
Abraham Lincoln, another beloved American hero, and our 16th. President, was born on February 12. It was impossible to have two separate holidays to honor these two great men during the same calendar month, so for a long time Lincoln’s birthday was ignored. A draft of the “Uniform Monday Holiday Act” would have renamed “Washington’s Birthday” as “Presidents’ Day” to honor the birth of both beloved presidents. This is the reason why the observed holiday falls between both birthdays but it never falls on either. The proposed name change failed in Congress and the holiday continued as “Washington’s Birthday.” Lincoln’s birthday did not become a federal holiday, but several states, among them Connecticut, Missouri, and Illinois adopted it as a state holiday and they observe it on February 12, his actual birthday.
By the mid-1980s retailers and advertisement agencies started to refer to the holiday sales during this time-period as “Presidents’ Day” and the American people would soon follow suit. Officially the holiday has never been named “Presidents’ Day.” In fact, some state legislatures have chosen to honor Washington, Lincoln, and other heroes differently during the month of February. For example, the state of Massachusetts celebrates a state holiday called “Washington’s Birthday” on the same day that the federal government observes the federal “Washington’s Birthday,” and in May it celebrates a state holiday named “Presidents Day” honoring the presidents of the United States who came from Massachusetts: John Adams, John Quincy Adams, Calvin Coolidge, and John F. Kennedy. In fact, the holiday falls on Kennedy’s birthday: May 29. In Virginia where George Washington was born, the federal holiday is legally referred to as “George Washington’s Day.” In Alabama the federal holiday commemorates Washington and Thomas Jefferson despite the fact that the latter president was born in April, and in New Mexico state government is open on the official federal “Presidents’ Day” because they observe it as a state-paid holiday on the Friday after Thanksgiving also known as “Black Friday.”
Now that we know that the third Monday in February is known as “Presidents’ Day” and it also serves the unofficial role of honoring Abraham Lincoln, and now that we understand that although a federal holiday, almost nobody but government employees have the day off on “Washington’s Birthday”, we need to talk about the correct spelling of this official federal holiday known to all Americans by its unofficial name: “Presidents’ Day.”
Today people refer to the holiday as “Presidents’ Day” and “Presidents Day.” Both versions are considered correct by American dictionaries such as “Webster’s Third International Dictionary” and “The Chicago Manual of Style.” As the use of attributive nouns has become common in the United States, “Presidents Day” has become the most popular term. Of course, the spelling “President’s Day” is only acceptable when specifically referring to the birthday of Washington, and Washington alone. So now you know what to do the next time they ask you to explain what Americans celebrate on the third Monday in February, whether or not you are willing to work on “Presidents Day,” and how to spell the name of this exceptionally unique holiday. Please feel free to share your comments about the holiday or the way it should be spelled.
The Super Bowl: its influence in American life and public speakers.
February 7, 2017 § 1 Comment
This past weekend the United States held the Super Bowl, an ever-growing part of American culture and lifestyle. It is the most watched TV event in the country, and for all practical purposes, the day when the game is played is an unofficial holiday that happens to be more popular than most holidays on the official calendar. We have previously discussed how this American football game is not the same football game played in the rest of the world. This incredibly popular sport in the United States is known abroad as “American football,” and even this designation seems troublesome to many who have watched a little American football and do not understand it very well. Although it is mainly played holding a ball, the sport is known in the United States as football for two reasons: (1) Because this American-born sport comes from “rugby football” (now rugby) that in many ways came from soccer (football outside the United States) and (2) Because it is football, but it is not British organized football, which at the time of the invention of American football was called “association football” and was later known by the second syllable of the word “association”: “socc” which mutated into “soccer.” You now understand where the name came from, but is it really football? For Americans it is. Keep in mind that all other popular team sports in the United States are played with your hands or a stick (baseball, basketball and ice hockey). The only sport in the United States where points can be scored by kicking the ball is (American) football. So you see, even though most of the time the ball is carried by hand or caught with your hands, there are times when a team scores or defends field position by kicking or punting the football. Now, why is all this relevant to us as interpreters? Because if you interpret from American English you are likely to run into speakers who will talk about the Super Bowl, football in general, or will use examples taken from this very popular sport in the U.S.
Ten days ago, most Americans gathered in front of the TV set to watch the National Football Conference champion battle the American Football Conference champion for the Vince Lombardi Trophy (official name of the trophy given to the team that wins the Super Bowl) which incidentally is a trophy in the shape of a football, not a bowl. It is because the game was not named after a trophy, it was named after a tradition. There are two football levels in the United States: college football played by amateur students, and professional football. College football is older than pro-football and for many decades the different college champions were determined by playing invitational football games at the end of the college football season on New Year’s Day. These games were called (and still are) “Bowls.” You may have heard of the Rose Bowl, Cotton Bowl, Orange Bowl, Sugar Bowl, and many others. When a professional football game was created to determine the over-all champion between the champions of the American and National Conferences, it was just natural (and profitable) to call it the “Super Bowl.”
On this occasion, the fifty-first edition of the championship game was played in Houston, Texas, and the outcome of the game will likely be a topic many American speakers will include in their speeches for years to come. For this reason, it is important that we, as interpreters, be aware of the result: The New England Patriots, a team that plays in the vicinity of Boston, Massachusetts, defeated the Atlanta Falcons by coming from behind, overcoming a huge point difference, to win the Super Bowl in overtime after the was tied at the end of regulation. The leader of this unprecedented come back was the Patriots’ quarterback Tom Brady. Remember these two circumstances: The Patriots came from behind to win the Super Bowl, and Tom Brady led them to victory. It will surely help you in the booth during several speeches by American speakers in the future.
As I do every year on these dates, I have included a basic glossary of English<>Spanish football terms that may be useful to you, particularly those of you who do escort, diplomatic, and conference interpreting from American English to Mexican Spanish. “American” football is very popular in Mexico (where they have college football) Eventually, many of you will face situations where two people will discuss the Super Bowl; as you are interpreting somebody will tell a football story during a presentation; or you may end up at a TV or radio studio doing the simultaneous interpretation of a football game for your own or another foreign market.
The following glossary does not cover every term in football; it includes terms that are very common, and in cases where there were several translations of a football term, I selected the term used in Mexico by the Mexican media that covers the sport.
|National Football League||Liga Nacional de Fútbol Americano|
|American Football Conference||Conferencia Americana|
|National Football Conference||Conferencia Nacional|
|Regular season||Temporada regular|
|Standings||Tabla de posiciones|
|Field||Terreno de juego|
|End zone||Zona de anotación/ diagonales|
|Super Bowl||Súper Tazón|
|Pro Bowl||Tazón Profesional/ Juego de estrellas|
|Uniform & Equipment||Uniforme y Equipo|
|Special teams||Equipos especiales|
|Fair catch||Recepción libre|
|Possession||Posesión del balón|
|First and ten||Primero y diez|
|First and goal||Primero y gol|
|Line of scrimmage||Línea de golpeo|
|Neutral zone||Zona neutral|
|Long snap||Centro largo/ centro al pateador|
|Turnover||Pérdida de balón|
|Pass rush||Presión al mariscal de campo|
|“I” Formation||Formación “I”|
|Shotgun Formation||Formación escopeta|
|“T” Formation||Formación “T”|
|Wishbone Formation||Formación wishbone|
|Sidelines||Líneas laterales/ banca|
|Out-of-bounds||Fuera del terreno|
|Head Coach||Entrenador en jefe|
|Offensive Tackle||Tacleador ofensivo|
|Offensive line||Línea ofensiva|
|Wide Receiver||Receptor abierto|
|Tight end||Ala cerrada|
|Fullback||Corredor de poder|
|Quarterback||Mariscal de campo|
|Defensive end||Ala defensiva|
|Defensive tackle||Tacleador defensivo|
|Nose guard||Guardia nariz|
|Free safety||Profundo libre|
|Strong safety||Profundo fuerte|
|Punter||Pateador de despeje|
Even if you are not a football fan, I hope you find this glossary useful in the future. Now I invite you to comment on football, sports interpreting in general, or maybe you would like to share a “sports interpreting anecdote” with all of us.