The Uncomfortable Situation When the Client Disrespects Interpreters and Foreign Language Speakers.

Dear Colleagues,

The best part of having a well-established professional practice is that your client portfolio is already developed. After years of collaboration, you come to know your clients and they know you. Tensions, concerns and uncertainties about policy, practices, and the relationship, are no more. My preference is to keep my clients and rarely work with somebody I do not know.

Unfortunately, sometimes a project is so interesting, or the conditions are so attractive that you take a chance and try a new client. As you all freelancers know, sometimes this strategy works, sometimes it does not.

A collaboration on a multi-day assignment that was both, interesting and well remunerated came along; it was with someone I did not know and I moved forward. At the time of the preliminary, planning stages of the event things seem fine, although there were some revealing clues I missed, but things did not get truly uncomfortable until the start of the assignment.

On the first day of the event, this person I had never worked with before, a monolingual individual in a position of power who apparently has traveled little, quickly assessed the foreign language speakers and made an instantaneous judgement call that would affect everybody participating in the event, including the interpreting team.

Before 6 in the morning of the second day of the assignment I received a message on my phone informing me, and the rest of the team, that our interpreting services would be needed no longer because everybody in attendance seemed to have an acceptable level of fluency in English. Shortly after, I received an email with my plane ticket to go back home.

Because of a good contract, our fees were not a problem; there was no financial damage derived from this decision, but the process was unprofessional and the way it was handled was disrespectful.

I find it difficult to believe that an individual with no knowledge of foreign languages can conclude that everyone in the audience is fluent in a language that is not their first, and this can be done after observing about two hours of a conference where the audience is mostly listening, and the few questions asked during such a period of time come from people who are confident enough on their foreign language skills to ask them directly, without interpretation, even if they fumble with the words, apply grammar incorrectly, and use false cognates.

The interpreters learned the decision was made to save money (we got paid because of a good contract, but other expenses as lodging, per diem, transportation, etc. would be saved) but no one was ever consulted. Not the interpreters, who know the working languages in the event, and also know, from experience, that as peer-pressure shrinks, attendees use their native languages, especially to ask questions. The audience was never polled to see if they needed interpretation. The decision was based on a single opinion from a monolingual individual whose only goal was to save (little) money, apparently a priority as it became clear when I analyzed all circumstances surrounding the job. Things that seemed irrelevant at the planning stages now made sense: Booking plane tickets on an airplane grounded for 24 months after 2 fatal accidents in one year, because they were cheap; offering a welcome reception with sub-par food and even worse service at a place no-doubt chosen because of the price.

The contract terms protected the interpreters, and even freed our time to work on other assignments on the cancelled dates, but that we were never approached in person to tell us face to face of this decision to dismiss the team, that there was not even a greeting other than a message early in the morning when you are still in bed, and to leave the attendees without the benefit of interpreting services, without even polling them to discover their needs, is inappropriate, unprofessional, and frankly disrespectful. The lesson learned was that you can try new clients when protected by a good, solid contract, and the benefit from this situation was that I did not have to continue my collaboration with such a difficult, one-track mind individual. I now invite you to share with the rest of us your stories about good contracts that protected you from difficult clients, or bad experiences where you lacked said protection.

Alert: They are interpreting illegally outside their country.

Dear Colleagues:

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

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

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

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

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

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

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

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

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

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

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

“Your fee is well over the budget for this assignment”.

Dear colleagues:

Have you noticed mediocre agencies always say: “unfortunately, your fee is way over the budget this client has for the event”? This seems to be the answer I get most of the time, even from the big multinational interpreting services agencies, and it is the main reason I reject an assignment offered.

It makes me wonder how those huge multinational agencies, worshipped by their colleagues in the “industry”, who claim to be service providers to the biggest corporations and organizations in the world, can be as big and profitable as their financial statements show, (and believe me, thanks to public litigation records from lawsuits involving some, market share values, and their own bragging about their success, we know they are turning profits never seen before) when according to their conversations with interpreters, our fees are almost always above their clients’ budgets for their main, once-a-year conference, launching of a new product presentations, multi-million dollar fundraisers, or award ceremonies.  I find it difficult to believe these agencies would only work with “starving” clients.

The main issue is how these agencies’ clients decide on a budget for their events. I would think that corporations have little knowledge about interpreting services, and for that reason they go to language service agencies to find out about interpreting costs, just as they go to the caterer for information on the cost of food, or to the hotel to see how much it costs to rent a ballroom for the weekend. The agency informs the client or event organizer how much interpreters will charge, and what else they need to factor in (equipment, booths, technical support) before determining the amount needed for interpreting services. The agency tells the client what interpreters will cost. Then, armed with all necessary information, the corporation of association sets a budget. It is not the other way around.

The problem is that agencies want to pay interpreters very little so they can have great margins, and they tell their clients they can get interpreters for very low fees; even when the agency knows they will never get the best human talent for such a tiny paycheck. They have offered lower quality interpreters willing to work for below market non-professional fees.

If an ignorant client contacts the agency and tells them they want an interpreter for no more than a certain amount, and the amount is below prevailing professional interpreter fees, that is the time for an agency to educate the client and tell them: “…sorry, but a team of interpreters would cost you such and such professional fee per interpreter per day…” and then explain that interpreters charge by the day, that every time they are retained to work four hours or less, they must be paid for half a day, unless the four-hour (or less) assignment encompasses both morning and afternoon hours, because in that case interpreters need to be paid for a full day since they cannot generate any other income on that day.  During this conversation, an agency interested in quality interpretation would add: “…by the way, half days are handled this way…”

Then, if the event requires interpreters from out of town, the agency must make it very clear to the client these interpreters will charge at least half of the full-day fee for each travel day. Finally, the agency should clarify that, separate from their fees, these out-of-town professional interpreters will need for the client to cover their travel costs: travel, lodging, in-town transportation, and Per Diem.

At the beginning, these agencies may have to sacrifice part of their margin, but in the long run they will turn more profitable than those who turn their backs on the interpreting profession and embrace the low-quality ranks of the so-called “industry”, because their clients will notice the difference in the quality of the service and will go back to the same agency time and again. These are the agencies interpreters look for. These are the real interpreting services agencies. I would like to hear your ideas on this issue, and please share any relevant experiences you had.

2017: The biggest stain in U.S. court interpreting history.

Dear colleagues:

In the United States we have recently spent many hours debating and researching about the validity and credibility of interpreter certifications in the healthcare sector. We have argued back and forth about accreditation, certification, and professional practice because we care about the profession. The debate left us all with a better understanding of our certification programs and the validity of both.

For many years the gold-standard of interpreter certifications in the United States was undoubtedly the federal court Spanish interpreter certification exam. It was known for its difficulty and low passing rate when compared to all other court and healthcare interpreter certification tests. During all those years we never thought that one day we would be forced to question this “queen of all American court interpreter exams”. Fortunately, we are not doubting the content of the exam. This has not changed. The unfortunate people who took the exam in 2017 was administered the same exam all federally certified Spanish court interpreters had to pass. The administration of the test, and handling its consequences after the fact was the fiasco.

Dear friends and colleagues, certification exams are of extraordinary importance in the United States; they are more relevant in our culture and value system than in other countries. While other systems put their credibility on the academic achievements of the new professional, traditionally, the United States has emphasized practice over theory and formal education. Some of our greatest lawyers never attended Law School, because in the United States it is passing the Attorney Bar Exam that matters. There are plenty of countries where people cannot practice a profession, or sit for a Bar or Board exam unless they first graduate from college.

This situation is even more important for professional interpreters practicing in the United States where most of our colleagues have no formal education, but they have demonstrated, by passing the certification test, that they are ready to practice as professionals. In Europe a university degree is essential; in America a certification is vital.

From all certifications, the federal court interpreter certification has been used to measure the competency level and skills of court interpreters in the United States. It is even used (erroneously in my opinion) by small and mid-size interpreting agencies to pick the interpreters they will hire to work in the booth.

We are all aware of the Administrative Office of the United States Courts’ historical failure in 2017 when they could not guarantee the integrity of the process and created a huge mess that impacts many.

After a deafening silence that went on for many long months, and the letter sent out in February which make the situation even worse, the Administrative Office of the United States Courts’ (AOUSC) sent out a carefully crafted, self-serving letter to those who took the exam in 2017 where they try to appease the interpreters by carefully telling a story on the best possible light for the AOUSC and informing them that, after all these months, they are fair and just, and will give those candidates whose exams were compromised to where no score could be determined, and to those who will be told they failed, a chance to retake the exam for free.

I was saddened by the reaction of some, fortunately a minority, of colleagues who celebrated this communication and praised the AOUSC as had they done something wonderful and worthy of recognition. I do not know how many of you have seen last week’s letter. I did, and I am not impressed:

The first paragraph of the April 27 letter refers to the mistakes on the way the exam was administered as “irregularities” softening the tone and making it more palatable. Then, they portray themselves as the ones who investigated for months what happened to finally conclude there were “irregularities”.

Next, the letter states: “…Over the past several months, the AO has worked with a team of trained raters who reviewed all candidate performances and psychometricians who analyzed the rater materials and examination administration data…” but it does not explain who those “trained raters” and “psychometricians “were. I am not doubting their credentials, and I am not feeling confident with their review of this mess because I just do not know who they were. Are we talking about the same colleagues who rated the exams originally, and if so, how many, who, what additional training they had to take to assess these incomplete exams? Were there independent contractors free to disagree with the findings of the AO, or were these staff interpreters who could be very capable, but could also have a conflict of interest when evaluating something that could affect the reputation and legitimacy of their employer. The letter says nothing about it. It looks like a letter prepared by a legal team, not a friendly communication to a professional group that has suffered the consequences of this poorly-run program for many months.

The self-serving tone of the letter continues when they affirm that based on their (mysteriously obtained) findings, 69 percent of the exams were validly administered and accurately scored (we still do not know how they arrived to the conclusion), and 31 percent suffered “irregularities”. My friends, 69 percent is an awful record. This clearly proves the ineptitude within the AO.

The next paragraph shows us the magnanimous nature of the AO: “…Candidates whose scores cannot be validly determined will be given the opportunity to re-take the oral examination free of charge. Moreover, given the findings of the investigation, the AO will also offer anyone who does not receive a passing score the opportunity to retake the oral examination free of charge…” This clearly tells us that the exam was a terrible mess and basically anybody who wants it, will have a second chance, this time without paying for the test, which is not the same as free of charge as we will discuss below. Do we have to believe that it took all these months to arrive to this decision? This should have been announced right after the multiple mistakes were known, not until now, unless there were other legal considerations we are not been told about, like litigation with Paradigm for example.

The letter ends with a blank apology and a reassurance they will preserve the high standards and fairness of the administration of the exam. Did I miss something? There is no admission of wrongdoing anywhere (typical in all letters prepared by a legal department) and there is a self-serving assurance that everything will be fine because they will preserve high standards and fairness. I would think that when your credibility is already in negative numbers (below zero) you would make a statement you will bring back the high standards and fair administration process that distinguished the exam. Right now nothing is good to preserve. Of course, they cannot say anything like this without admitting fault.

Finally, the 8-page attachment is a pseudo-scientific document with no details that plays down the mistakes that can be directly attributed to the AO, and basically throws Paradigm under the bus. Again, there is talk of irregularities, but there is no data on the scoring units, the specific criteria used to assess the exams, or anything that can reassure us this was a scientific work.

It is incredible how the letter and its attachment avoid naming Paradigm and stay away from words such as fault, responsibility, and negligence. This is because those are legal terms and the AO is getting ready for litigation.

Even though the AO has shared nothing on their relationship with Paradigm, there are strong rumors in social media and federal courthouses’ hallways that the relationship has been terminated. This would explain the delay on the “findings” contained on the April 27 letter, as the federal judiciary gets ready to sue their contractor and Paradigm fights for payment of their fees and other contractual terms.

The 2017 federal court interpreter examination saga leaves the federal judiciary stained, the profession wounded, and court interpreters in the worst situation they have faced in history. Unfortunately, there are others who are affected even more and will not benefit from the “Magnanimous letter of April 27”. We can divide them in three categories:

First, those colleagues who studied hard and will get a letter telling them they passed the test. These individuals have been agonizing for 7 months without knowing if they would have to retest. Many have continued to study for the test. All have been deprived from their earnings as federally certified court interpreters for months. They will never get back these months of their lives, and they will never perceive the professional fees they should have earned as federally certified court interpreters working for court districts, assistant US attorney’s offices, public defender’s offices, and private attorneys that retain federally certified court interpreters for many services from jail visits, to depositions, to witness preparation, to federal civil litigation.  They will never earn that income because of a government agency’s ineptitude and a bottom-feeder contractor’s gross negligence.

The second group includes those interpreters who took the test, and for no fault of their own, will now get the “magnanimous” opportunity to retest “free of charge”.  The problem is, my friends and colleagues, there is not such a thing as a “free exam”. The “luckiest” of this crowd will be able to retake the test in their hometown without paying for it, but they must turn down other assignments to take the test. This means they will lose income and that makes the exam far from “free of charge”. Next, you have the unfortunate unlucky ones whose sin was to leave in a town where the exam will not be offered. We all know colleagues who drove overnight, got on a plane, got a passport and then got on a plane, and then checked into a hotel to take the test. Nobody will reimburse them for those expenses, and many must cough up the money once again if they want to take the exam. Even if they AO expands the locations where the test will be administered, it is doubtful this will include those of our colleagues who traveled from abroad to take the test. Plane tickets, hotel rooms, car rentals, gas money, tolls, and lost income will make the retake of the exam a burden to these colleagues. To them, this will not be a “free of charge” exam.

The last group, often forgotten during this fiasco of epic proportions, are the freelance federally certified court interpreters retained by Paradigm, with the blessing of the AO, to rate the original exams. These distinguished colleagues put first the profession and agreed to rate the exams, even if the pay is little for such hard work, they were asked to purchase their plane tickets, book their hotel rooms, and cover their daily expenses while this rating was happening, with the promise of reimbursement when their raters’ fee was paid. It is only now that some of the raters are getting paid; others have not seen a penny yet; and nobody has been reimbursed for travel expenses disbursed 7 or 8 months ago.

Last week, Paradigm sent a letter to the raters explaining why some had not yet been paid, arguing some bureaucratic step that the raters needed to comply with: Sending an email to the individual in charge of this fiasco at Paradigm informing him of this payment.

Regarding reimbursement of expenses, this letter, dated May 4 states: “…Payment for travel and hotel expenses will be released after Paradigm receives verification of your receipt of payment for Rater hours. Meals and incidental expenses will follow…”  They are telling raters that they are not sending their checks quite yet.

Next, the letter includes a self-serving statement that should worry the raters: “…Paradigm is working to get Raters paid in-full within the next few weeks. This is contingent upon Raters providing confirmation of receipt of payments received and the AOC continuing to approve the invoiced items for payment…”

In other words, there is no hard date for these payments, and reimbursement is contingent to AOC’s approval. This would make me very nervous if there is litigation pending between the AO and Paradigm.

As you can see, the “magnanimous letter” is far from a happy ending to this fiasco. The future is uncertain. Nobody knows if the AO will ever share the real data behind what happened and a detailed scientific explanation of the exam assessment process, including those who did it.

The biggest problem and reason to be concerned is the lack of transparency. Interpreters must know who retained Paradigm to administer the test. How was the bidding process; who were the other bidders, how low was the winning bid; who decided in the AO that Paradigm was qualified to administer an exam like the federal court interpreter certification test for Spanish interpreters? Why the credentials of a testing entity like Paradigm, which mainly proctors high school tests to monolingual students were appropriate for this bilingual professional test? There was ineptitude and negligence during this decision making process, and there was gross incompetence when dealing with the aftermath.

Those responsible should pay the consequences. Only then trust will be restored and people will believe the AO once again. In sports, when a team is not performing the coach is fired.

It is doubtful that the AO will come clean and provide all these records to the public. They have no legal obligation to disclose everything, but their moral duty compels them to do so. Without good faith, trust will continue to erode, and interpreters will be left with fewer and more distasteful options such as a Freedom of Information Act Request (FOIA) to see how the process happened; even though the process would be lengthy and the information released will be tittle more than the documents they already published. Those with standing can also sue the AO, but they must do it quickly, since the Federal Tort Act gives only 2 years to do so, and the process must start through an administrative channel. Also, the result of this legal action, even if successful, is limited by legislation and case law.

Perhaps a better option would be to sue Paradigm, its employees, and the AO’s officers as individuals (which is permitted) for damages under the contributory negligence by all defendants’ theory. This way, interpreters would learn more about the steps that lead to this fiasco from the discovery that the parties would have to turn over to the plaintiff. Also, damages awarded can include punitive damages.

I could not end this post without mentioning how the candidates who took the test, the raters who have not been paid, and the court interpreter profession were abandoned by their professional organizations during this struggle. It is sad to see how the current Board of the National Association of Judiciary Interpreters and Translators (NAJIT) abandoned its members by sitting on their hands and remain silent. It was until May 2, after the “Magnanimous letter” was made public, that the Board issued a self-serving harmless statement indicating that they were “…very much aware of the issue surrounding the federal exam…” and how they “are continuing to monitor the events as they unfold in June…” In other words, the national association with the most members directly affected, issues a communication after the fact even more sanitized than the AO’s. The latter called the fiasco “irregularities”; NAJIT could not even say that and called it an “issue”. Without any investigation, they have concluded that in their “opinion” “the AO is acting in good faith in what is an unfortunate set of circumstances”.  Again, this Board sided with the establishment instead of the profession and its own members. Nobody has suggested bad faith from anyone at the AO; the issue (correctly used in this context) is negligence. NAJIT is also telling those attending its annual conference that the AO will address court interpreters but not for a session “…geared toward the federal oral exam and its administration…” They want the AO there, but they will not pursue the federal exam fiasco as the topic to be discussed. That should not be because it could be uncomfortable to the AO, but because it will probably benefit the members more to talk about how many cases were interpreted last year, an interpreter directory, or other vital issues no doubt more important than the biggest stain in court interpreting history. We can only vote and hope to elect a NAJIT Board that will write position papers, hold round tables on the most pressing issues that impact the profession, as it had been the tradition before. It was just 2 years ago, under another Board, that we held a panel on immigration court interpreting that helped to change things to a better situation today. NAJIT is not a labor union and we do not expect it to act like one. We hope it goes back to its role representing the professional interests of its membership while defending the integrity of the profession.

It is time for all court interpreters to think and question those things that go wrong to change them. Treating interpreters as ignorant people, who should be grateful to the AO for letting everyone retest after 7 months of agony following a test that will go down in history as a monument to ineptitude and negligence, with no transparency and accountability is just unacceptable. I now invite you to comment, in the understanding that comments defending the AO or Paradigm will not be posted unless they come from an official source.

Interpreter fees and costs. Avoid misunderstandings.

Dear Colleagues:

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:

“Cancellation Policy:

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.

Things to look for in an interpreting contract.

Dear Colleagues:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Who should interpreters target as their clients in a world where many want to pay lower fees? Part 1.

Dear colleagues:

I consider myself very lucky because my job takes me all over the world; this allows me to see many of my friends and colleagues as I visit their towns and countries, and also gives me the opportunity to keep up with the local interpreting and translation issues that are impacting that particular area. It gives me great joy to hear about the personal and professional accomplishments of so many talented friends; and unfortunately, I also get to see the sadness, anger and frustration of so many who are working under conditions that no professional should suffer or tolerate. I cannot tell you how many times I have listened to these horror stories where the main characters are permeated by mediocrity, ignorance and lack of ambition. It was after one of these episodes, not long ago, that I decided to write about this topic in order to identify the problems and propose some solutions that have worked for me and for other colleagues in the past. This topic is broad and will require of several posts. I will address separately on three different posts the situation of court interpreters, community interpreters, including health care interpreters, and conference interpreters.

First I will talk about the court interpreters because they are a large part of the interpreting community in the United States (only second to military interpreters) and they are a growing segment of the profession in many countries around the world. When I think of many of the freelance court interpreters I know, one thing that puzzles me is: how can they be happy and fulfilled working under such conditions? In certain administrative courts they are paid very little money, sometimes they do not get Per Diem when traveling to another location, and on top of that, they are not treated like professionals. They are required to get paperwork stamped and signed by others, sending the message that because they are not trustworthy, somebody else needs to watch what they do; And by the way, if they want to get paid on time they have to be willing to accept a smaller paycheck (there is a pay cut policy in exchange for faster pay). Of course this is an extreme case, and I would have called it the worst if this article had been written before the United Kingdom court interpreter fiasco that insulted capable professional interpreters in their professionalism and in their pockets. Of course you all know what happened over there and we are all familiar with the ever-bigger problems in the British justice system. Enough for now, but I will return to the United Kingdom court interpreter saga later on this post.

If you think that things get better for those interpreters who freelance in the state-level court system of the United States because these are not administrative courts, you have not worked there for at least a decade. At this level, in most states, interpreters make a little more money than those working the immigration court system, but they are still getting a laughable fee for their professional services. This low pay does not feel any better when you combine it with rules and policies designed for laborers and not for a professional service provider. I am talking about agency-controlled state court markets, incomprehensible policies that are keeping good interpreters from making a decent income in civil cases, the “annual payment limit” contained in some states’ independent interpreter contracts, the “even distribution” of work policy of other states where good and mediocre interpreters basically get the same amount of work from the state as long as they are state-certified, or the backwards legislation that gives certification and oversight of court interpreters to the state judiciary in a state where this was not the case, and now will pull interpreters down to the same level of the other states where the same party that hires certifies. A move unheard in other professions like lawyers and physicians, but even celebrated by many interpreters in this state. Add to this landscape all the endless and ever-changing micro-management requirements by local courthouses, many other rules that I will just skip for the sake of brevity; and finally, throw in there the agencies that are run by people with no formal education, experience, or practical knowledge of interpreting (as the ones who procure interpreting services for most administrative courts) and pay their interpreters even less money, and you will have the big picture; the same picture I see every time I hear a new story, learn of a new travesty, or witness a horrendous performance.

Dear friends and colleagues, I cannot help it, but it is at about this time that I always wonder why my friend or colleague is still working as a court interpreter under those circumstances! The answer is simple and complex at the same time. Simple because as a freelancer all it takes is a moment of courage when the interpreter decides: Enough! No more. Complex because not everybody is willing or capable of making this decision. Different people, different priorities, different ideas, different set of values, and different goals in life. Although I have belonged to the former group all my life, I understand those who belong in the latter. The thing I cannot understand is why they do not take action and change things for themselves, and maybe for their profession at the local level.

It is possible that many people living under the circumstances described above will not be able, for different reasons, to move on to another type of interpreting assignments, but they can always pick their clients wisely. Let me explain:

One thing I have never understood is why on earth so many of my freelancer colleagues see themselves as court employees. I have heard hundreds of times how they introduce themselves as interpreters for the courts; I have heard them refer to court administrators, court clerks, judges, and staff interpreters as their “boss”! Obviously this immediately tells me that if they see the court, the interpreting agency, or the state judiciary as their employer, they cannot see them for what they really are: their client.

Once the interpreter comes to terms with this issue, and understands that she does not work for anyone but herself, she can focus on picking her clients. She will soon realize that mediocre interpreting agencies, state judiciaries, and even the federal court system are nothing but clients, and clients that pay very little (some of them rarely on time) in exchange for what they expect from the interpreter. They pay low fees for the interpreting service, but many of them want you to do so many other things for the same token fee: these interpreters must prepare endless paperwork, learn (sometimes absurd) court or agency policies that are only applicable to that particular courthouse, translate documents in between hearings, attend (often self-serving) unpaid meetings scheduled by the agency or court administration; and many times they demand, without saying it, exclusivity and they “punish” an interpreter who cancels the assignment for a better paying professional opportunity. Once the interpreter sees them as another client, she will realize that, because of their practices and philosophy, they are not at the top of her client wish list, and she will understand the need to find better clients.

Now the question is: If all interpreting agencies that control the administrative courts, and all state-level court systems are not to be considered as top clients, what else is there? The answer is: The good clients!

All interpreters who want to make a decent living in the legal field need to provide their services to the private bar. It is true that in the United States the states are now observing Title VI of the Civil Rights Act, and in many cases the states are keeping independent interpreters from working any civil cases unless paid through the courts; but even under these circumstances, there is plenty to do. First, those of you who live in states where independent freelancers coexist with state contractors, and are allowed to provide their services in civil court to those who turn down the court-appointed interpreter and prefer to hire their own, you should enter this field full-blast. The federal system does not provide court appointed interpreters in civil cases, and for those who are federally certified this is another option, in fact, it is a much better option than working criminal cases for the federal court system because the pay is much better.

The main option available to all of those who have a valid certification at some level (state or federal. Private language agency certifications are not considered valid) is to become a legal or “out-of-court” interpreter instead of a court interpreter. Legal interpreters provide their professional services to Law Firms and attorneys for depositions, office interviews, witness preparation, jail visits, expert opinions, expert testimony, transcription and translation services, and even in court at the plaintiff’s or defense’s table. Interpreters negotiate their fee with these attorneys; there are no pre-set limits, no endless meetings, and for the most part, the cases are interesting: there is more variety in civil court; and the cases that you should go after involve enormous amounts of money in damages. These are the type of clients I try to have, and I spoil them, pamper them, and protect them with the best service you can find anywhere. The point is, my court interpreter friends and colleagues, if you don’t want to move to a bigger city, if you don’t want to travel, or to learn a new field, the next time you get angry because of an absurd new rule, because you are not getting paid on time, or because you got tired of being treated like a laborer instead of a professional, stop working for the system, get out there and look for the big clients: the large law firms, the corporate legal departments, and talk to them; sell them your services, and start enjoying your career once again. Who knows? If enough good interpreters leave the system, the system will have to hire mediocre individuals, and sooner or later the government will have to sit down with you and talk fees and other work conditions. This is what is happening in the United Kingdom where a group of courageous, determined, and brave interpreters walked out and never went back. They made history, inspired us all, and showed us that although difficult at the beginning, there is life after the courthouse. I invite you to share with us your opinions and comments, and I ask you to avoid name-calling, specific cases, and arguments defending agencies or the court interpreter wages.