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

March 23, 2020 § 7 Comments

Dear Colleagues:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These steps should be taken by all interpreters:

Non-negotiable rule: Absolutely no chuchotage!

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

Healthcare interpreters.

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

Community Interpreters.

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

Court Interpreters.

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

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

Conference interpreters.

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

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

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

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

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

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

What ever happened to the written federal court interpreter exam?

May 21, 2018 § 16 Comments

Dear colleagues:

With all the noise and frustration surrounding the oral federal court interpreter examination fiasco, we have overlooked a group of colleagues left out in the cold with no updates and plenty of confusion: The candidates studying to take the written federal court interpreter certification exam scheduled for the summer or 2018. The Administrative Office of the United States Courts (AO) has been silent for many months and interpreters are concerned, puzzled, and they do not know what to do.

The AO’s official website redirects you to Paradigm’s webpage which shows this message: “Written examination registration dates will be announced in the spring of 2018, test locations will be announced at that time.”

This message has remained intact for months; no updates, no explanations, no changes.

In the weeks since my last widely read post on the oral exam, and despite all the comments by those who took the test in 2017, many federally certified court interpreters, and colleagues in general, raising serious concerns everywhere in social media about the judgment of those AO officials who hired Paradigm, and the lack of transparency and accountability after the administration of the test, the authorities who oversee the administration of the exam have done nothing to keep those who plan to take the written test during the summer of 2018 informed.

Apparently, silence continues to be the only policy coming from the federal judiciary. Our colleagues who plan to take the written exam do not know what to do. They do not even know if they should stop studying. Because from the lack of information they cannot even tell if there will be a written exam this year.

We do not even know for sure if the AO has severed its ties with Paradigm. There has been no official notice, and their own website continues to redirect all users who want information on the written exam to Paradigm’s website which shows outdated information where it claims that registration dates “…will be announced in the spring of 2018…” If this information is valid as of today, they better hurry up and publish the information before spring is no more.

I cannot help it but feel sorry for those whose lives have been on hold for several weeks while they wait to find out the exam dates and locations in order to make personal and professional arrangements to travel to the test sites.

If the exam has been postponed until further notice, please tell the interpreting community; if Paradigm is no longer the contractor for the written exam, please tell the interpreter community; if no details can be shared at this time because of pending litigation, please tell the interpreter community; If the negligent administration of the oral exam in 2017, and the decision to retest so many people will push the written exam into 2019, and if this will disrupt the regular 2-year cycles of  both oral and written exams, please tell the interpreter community.

This will make you look better and it will be a way to begin the road to recover credibility and trust. Remember, it is about transparency and accountability. Those at the AO must never forget they are the government. Those with the misfortune to take the oral test last year, and the ones suffering the uncertainty of the written test right now are the taxpayers.

We cannot lose sight of this unquestionable reality; dear friends and colleagues, we are protecting the profession, but we are also exercising our rights. To the handful of colleagues who feel intimidated by those who argue that the certification is not an entitlement and try to mask ineptitude and negligence when hiring Paradigm as a “technical difficulty”: Perhaps when you work within the government system for a long time you think that the federal government is some kind of a magnanimous god who favors court interpreters, also U.S. citizens, by granting them a certification. Do not be distracted by comments like the ones above. The real issue is transparency and accountability. The AO should come clean and explain why they hired Paradigm, admit fault, apologize, and communicate the way they plan to remedy this chaos, not only by telling those who took the exam they will now have a chance to retest. They must talk to those who want to take the written exam, and to the professional community.

Threats about pulling the exam are awful, distasteful, and baseless. The government cannot force the professional community into silence by threatening cancellation of the Spanish federal court interpreter certification program. They have not, and will not. These comments never came from an official source and should confuse no one. Navajo and Haitian-Creole certification programs were scratched because of docket and financial reasons. Spanish is used in all U.S. courts more than all other foreign languages combined. There is no rational justification to do something like that, so please ignore these rumors.

It is also important to remember that almost nobody who takes the federal court interpreter exam wants a guarantee to work in court. Sometimes staff court interpreters must be reminded that a federal certification is a means to prove skill and knowledge to many clients. The majority of the high-income earner interpreters I know make the bulk of their fees outside of court and work with a district court, making far less money, when they have no other assignment, or for personal reasons. A candidate who pays a fee to take a test has a right to demand performance in exchange for the fee. It is a service based on contractual obligations.

It is also of concern that people who are involved with voicing NAJIT’s policy or opinions have stated that this association with many members who took the oral test, who are waiting to take the written test, and who are voicing their anger with the way the AO has performed during this crisis, can claim that the Association has “no dog in that fight”. To be fair, this unfortunate comment came not from NAJIT’s Board and it has not been endorsed by the Association either.

Dear friends and colleagues, those of us who did not take the exam because we are already certified, or because our working languages do not include Spanish, or even those who practice our profession in other fields with nothing to do with the court system have a duty to defend and protect the profession, and a right to support our colleagues who were, and continue to be, affected by this negligent and careless actions. Resorting to smoke and mirrors like injecting Seltzer v. Foley is just a diversion tactic that will not work. That case questioned the rating criteria of the written exam; here the question is the ineptitude and negligence of those who hired Paradigm as the contractor in charge of administering the test, and the actions taken after the fact. Nobody has questioned the validity of the exam, nor the integrity of the raters. I have even said that I do not believe there was bad faith or the deliberate intent to cause harm by AO officials. All we are arguing is apparent negligence and ineptitude, and for that we are demanding transparency and accountability.

Implying that I have questioned the validity of the exam or the integrity of the raters only shows those who claim such things, and argue that people are angry because they did not pass the exam (even though no test results were out when these claims circulated in social media) have spread rumors without reading my posts.

Just like in other cases before: accreditation vs. certification of healthcare interpreters, exploitation of immigration court interpreters by a new language contractor, the court interpreter fiasco in the United Kingdom, the contractual and managing problems of the court interpreter program in New Mexico, abandoning the interpreters in conflict zones by Western Nations, the exploitation of telephonic interpreters by unscrupulous VRI service providers, and many others, I have no vested personal interest in these cases; it is nothing personal against government officials, language services agency owners, or professional associations; I just stand up, and will continue to stand up for the profession. I now ask you to share your comments on the written federal court interpreter exam of 2018. Please remember, personal attacks, disqualifications, foul language and surrogate defense of Paradigm, NAJIT, or the AO will not be posted.

Moving the profession backwards in these critical times.

February 8, 2016 § 11 Comments

Dear Colleagues:

I am not breaking any news when I tell you that our profession is under attack from many more fronts than ever before. We have the tremendous struggle that many of our American immigration court interpreters are battling with SOSi; we have the constant reduction of fees, reimbursements, and work opportunities by the court systems in several European countries and all over the Americas; let us not forget some ambitious entities who for no reason other than their own benefit,  have decided to create a hybrid aberration of a community, court, and healthcare interpreter by patching up together pieces of all three in a way that would make doctor Frankenstein proud; and of course, the so-called “interpreting agencies” who cloud their real mediocre services with smoke and mirrors of technology, while offering the rendition of the cheapest, desperate, bottom-feeder “interpreter” they could find.  We now have a newcomer to the pantheon of the interpreter profession serial killers: the government agencies who want to pay less and burden the professional even more with nonsense bureaucratic paperwork that only finds a reasonable justification to exist when viewed through the distorted mentality of a government official.

These are some of the many calamities that we have to face every day worldwide to protect, preserve, and advance our profession and its perception by the real world, despite of the constant efforts by the above mentioned entities to convince the public that we are not professionals, but mere laborers in an “industry” where we should be treated and paid as skilled labor, never as professionals.

It is in the middle of this environment that some colleagues, giving up the professional interpreter banner, or at best misunderstanding the true nature of what we do for living, and enveloped in the blanket of resignation and submission, have opted for listening to these groups above, not for beneficial purposes such as learning what they really want, where they plan to take us to as service providers, and what their weaknesses and needs are, so we have a way to negotiate with them, but to seek compliance and adhesion to their unilaterally created and developed policies, rules, and requirements, in order to please them and keep them happy, or at least not upset, and this way continue to be retained to provide services in exchange for mediocre to offensive fees and working conditions.

Dear friends and colleagues, some of our peers have misunderstood our role in the language services profession, and out of fear, ignorance, misguided good intentions, and yes, in some cases due to ulterior motives, have decided to accept these unilaterally imposed conditions and provide their services in a way that pleases their “client” turned master by the terms sometimes imposed on the interpreter, without questioning, disagreeing, or rejecting these pre-industrial revolution work conditions.

Professional service providers have organized in professional associations for a long time, so they can defend, preserve, and advance their profession without interference of exterior forces who, by the nature of their legitimate mission and purpose, have opposing and conflicting interests to the ones of the professionals. This is honorable, widely respected, universally expected, and practiced by all professions. Professional associations such as the American Bar Association, the American Medical Association, and many others worldwide, were born for these reasons.  They all have one goal: the best interest of the individual who is a member of the profession.

We as interpreters and translators have some organizations and associations that operate and exist for the same goals than the rest of the professional associations, but every day we see more and more cross-contamination and distortion of the true mission of a professional association when we witness how some of these professional associations are molded after the needs and desires of these other entities that have opposing or conflicting interests with us, just for political and financial reasons.

As a result, instead of having organizations that foster dialogue among interpreters to discuss how to negotiate with, and defend from government and other entities, as all professional associations should, there is now a division in one of the professional associations where, in the opinion of many of us,  government officials, including their staff interpreters and translators (regardless of their personal integrity as they participate as someone else’s agent) now have a forum to indoctrinate interpreters and translators on what they need to do in order to “please the government agency” and fulfill all “requirements” regardless of how bizarre they are; (and they are always one-sided in favor of the government) so the interpreter and translator, like a good soldier, or serf, accepts all conditions, including rock bottom fees, horrendous cancellation and travel policies, and non-sense procedural paperwork requirements, in exchange of the opportunity to be exploited by these agencies.

Some colleagues think that it is great to have these people in the same division with the interpreters and translators, as if we were a job agency, instead of doing what professional associations do: provide a platform for interpreters and translators to debate an issue among themselves BEFORE sitting across the table from the government agency, who is the counterpart of the interpreter and translator, as they have opposing interests. It is the equivalent of having the pharmaceutical companies and health insurance organizations as members of the American Medical Association.

It is true that not all government agencies exploit and humiliate the interpreter; some, regretfully very few and far in between, offer good working conditions and a decent fee at the high end of the spectrum for a government (in the understanding that they will never be able to pay at the same level as the private sector), but even these “good guys” should not be allowed to create their own forums where to influence interpreters and translators from inside the organization; there is a clear conflict of interests, unless the goal is to please the government, language agencies, etc. instead of looking after the interests of the profession and its professionals: the individual interpreters and translators.

Many of us are of the opinion that if you want to have communication and exchanges among interpreter and translator members of an association who primarily provide their services to a government entity, you should be able to do it, but never creating or facilitating a situation where the government agency, through its agents and representatives (even when these individuals are interpreters or translators) has an opportunity to participate, opine, and vote along with individual members. Their role is important, but it comes later in the process, once the members of the association have debated, analyzed and discussed the government agency’s policies, and are ready to negotiate, together or individually.

There is no reason why the government agents need to be present when a member is informing his peers of something that happened to him, or when strategy is being discussed. I invite you to share your comments on this topic, and when participating, please keep in mind that these entities have opposing interests to yours and mine. They answer to a superior within their organizational chart and they are legally and contractually obligated to defend their official position.

How to Defend Your Rendition and Professional Reputation as an Interpreter.

September 4, 2014 § 12 Comments

Dear colleagues:

Good professional interpreters are usually consumed with taking care of their clients, improving their skills, managing their agenda, and marketing to new clients. This takes a lot of time and energy, and it is essential to succeed as an interpreter. Unfortunately, sometimes during their career some interpreters may experience other aspects of the profession that are less pleasant, more time-consuming, and very stressful.

Our professional tools are our brain, mouth, and a language combination. We can make mistakes, we are susceptible to questioning and second-guessing by others, and in our litigious society we are exposed to lawsuits that can leave us with no career, no resources, and a tainted reputation.

There are many circumstances that can affect our career as professional interpreters, but at this time I would like to focus on two of them:

The first one occurs when our work is subject to criticism and questioning by our peers or by others. This often happens in a legal setting. All court interpreters have faced situations when in the middle of a court hearing a judge, attorney, witness, litigant, and even a juror, have interrupted our rendition to correct what we just said. Most of the time we were right and they were wrong. On occasion, because we are not machines, and because nobody can possibly know all regional expressions, these voices do us a favor as they correct our mistake and allow justice to be served. These are the scenarios we usually face when doing our job. It sounds simple and straight to the point: Either we are right and we say so in order to keep the process moving along, or we are wrong, and in that case we correct our error. The same facts are true in a healthcare or community interpreting setting; even at the negotiating table or in the booth during a conference we sometimes make mistakes out of exhaustion, due to bad acoustics, a speaker with a heavy accent, or because we misunderstood a word or term. This is why we have team interpreting, this is why good interpreting equipment, an appropriate conference room, and breaks or recesses are important.

Unfortunately in the real world we have to deal with attorneys who are not happy because their foreign language speaking client or witness is not saying what they wanted them to say in the trial, and with doctors and nurses who want to dodge the consequences of their negligence, and with the party that lost at the business negotiating table, or with the agency that tries to justify the disaster caused by its outdated broken-down interpreting equipment. The first thing they all do is to cast a doubt over the rendition of the interpreter. It is even worse when all of this happens and you know that those who are questioning your work are clearly wrong.

The second situation I want to bring to your attention is when the same individuals mentioned above, decide to go for the jugular and to put the blame on the interpreter’s rendition; so they take you to court. They argue inadequate interpretation and you are sued for damages. How can we defend our work when our rendition is questioned and we know we are right? What can we do to protect ourselves in case somebody takes us to court for damages? There are preventive measures that we can take as interpreters to diminish the possibility of having to defend our work, our assets, and our reputation.

There are also steps we must follow in case our professional work is questioned or attacked in court.

These complex issues have to be addressed, and as true professionals we must be prepared in case this happens to us. For this reason, I will present: How to Defend Our Rendition and Professional Reputation as an Interpreter” during Lenguando Londres in London on September 13, 2014 at 2:30 pm. I invite you to attend the event on the 13 and 14 of this month and see how you will be able to interact with some of the superstars of all language-related professions, and I encourage you to attend this presentation where we will discuss these sad but possible scenarios, we will explore the different preventive measures that we should always take in order to avoid an adverse outcome, and we will talk about the path to follow once our rendition or our skill has been formally questioned in a court of law. I hope to see you in London; but even if you are not attending, I ask you to share with the rest of us your experiences on having your rendition questioned, challenged, or having a lawsuit filed against you as an interpreter.

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