Interpreter checker in a hearing or deposition.

October 1, 2018 § 1 Comment

Dear colleagues:

Occasionally interpreters ask me what to do when retained to assess the rendition of other colleagues in a court hearing or civil deposition. This is a delicate issue for several reasons: As interpreters, we do not like another colleague carefully reviewing every single phrase we interpret; we feel it is invasive and even disrespectful. Sometimes the added pressure of having somebody else, most of the time with more experience than us, ready to jump at the first error or omission will turn a good rendition into a poor interpretation because of the intense scrutiny. We feel uncomfortable doing the same to another colleague when we are the “checker”. We do not want to offend a colleague, even a friend, but we find ourselves between a rock and a hard place when one of our best clients requests we render this service.

The first thing we need to understand is this is a professional service we were hired for. It is business. Also, we must remember what we were retained for: To check the accuracy of another interpreters’ rendition. We were not hired to destroy the interpretation; we were not asked to dispute and question every word interpreted or every term rendered by our colleagues. A professional opinion informing our client that the interpretation was fine will be welcomed by our client. They do not want us there to turn the other interpreters’ work to shreds; we are there because our client wants to make sure that the rendition was complete and accurate. This is important as it lifts an enormous weight off our shoulders. It gets rid of the feelings of disloyalty and guilt.

When I am hired to check on other colleagues during a court hearing (trial, motions hearing, expert testimony, etc.) or a civil deposition, the first thing I ask for is the names of the interpreters to interpret the proceeding. Sometimes I know the interpreters and from that moment I know if my job will be a walk in the park, because the interpreters are exceptional, or if it could turn ugly. Most of the time, I do not know the colleagues. In that case, my first task is to learn as much as I can about that interpreter: Where do they practice; how long have they been interpreting professionally; what experience they have with the type of proceeding and the subject of the rendition; their first language, professional studies, who are their clients, and so on.

I can get most of this online by visiting their website, looking over their resume, and checking their LinkedIn page. I also look for photos online. Sometimes I do not know a colleague by name, but once I see the picture I realize I know who they are, and sometimes I am even familiar with their work. Another important source is those interpreters they usually work with. I may have never worked with the interpreter I am about to check, but I may have worked with some of their partners or boothmates before. Sometimes I may contact these interpreters (when I could find no information on the interpreter for example) but most of the time just knowing who they work with helps me understand the level of the interpreter. Finally, I look for what professional associations they belong to. I know it is not a very good indicator of the level of a colleague, but it helps me understand better if the person cares for the profession and their continuing education. If the interpreters are great, I let my client know right away. This helps me to prepare them for an “everything was fine” report after the rendition. I say nothing detrimental to a colleague a priori. If I have nothing great to tell to my client, I reserve judgement until after the hearing or deposition.

On the day of the interpretation I arrive early, and the first thing I do is say hi to the interpreters. I introduce myself and put them at ease by telling them this is not personal, but I never look nervous or afraid. I also communicate that I know of the fact there is more than one way to skin a cat and their choice of words may not be the same as mine. I assure them that, as long as the rendition is correct, even when their style my differ from mine, I will not make a fuss of the interpretation.

If I hear something I disagree with during the rendition, I am always very careful and rarely interrupt (only in very evident mistakes). There are synonyms and regional expressions that do not make a rendition wrong unless they are essential to the case. If this happens, I wait for the break and explain it to my client, emphasizing that the rendition was correct, but I would have said it differently.

When I hear something and I know it is wrong and relevant, I respectfully interrupt for the record. State my objection to the rendition and why I object. If the other interpreters agree: Great; if they disagree, let them explain and accept your mistake, if any, or be firm if you are right. It is always necessary to have the basis for your dispute: a grammar rule, applicable dictionary, section of the law. Otherwise your objections will seem frivolous, irrelevant, and you will undermine your credibility.

After the hearing, I am professional and courteous with the other interpreters, judge, and attorneys. It is important they know it is a job. Nothing personal.

Finally, I prepare my report in writing, including my expert qualifications and explaining to my client who I monitored, including the results of my research on the interpreters, I describe the room, and do a narrative of the hearing or deposition, indicating all questionable interpretations, mistakes made by the interpreters, and correct renditions I would have interpreted differently due to my personal style (synonyms, regional expressions, etc.). Finally, I type my conclusions. Usually indicating there was nothing of importance omitted or misinterpreted at the hearing or deposition. Occasionally, indicating the interpreting mistakes and the reasons to back up my opinion.  I now ask you to share with us your experiences as “check-interpreter” or about being “checked” by other. I would also like to hear what other strategies you follow when asked to be a check-interpreter, and what you include in your report.

“Excuse me, interpreter, we will record your rendition”.

January 22, 2018 § 15 Comments

Dear Colleagues:

A few months ago I came back to the booth after a break during an event I was interpreting and I found my boothmate talking to one of the conference attendees. He was asking for her permission to bring a digital recorder inside the booth because he wanted to record the interpretation of the conference. Before my colleague responded, I explained to the gentleman that recording an interpreter rendition is more complex than simply asking the interpreter.  I told him that it would not be possible to record us, and I asked him to talk to the event organizers who would work on all clearances and legal documents needed before anything could be recorded to be played back at a later time.  He understood my polite negative, picked up his microphone and recording devise, and exited the booth.

Once we were alone, my boothmate told me she did not know that anything other than our consent was needed. She told me that often, other organizers and agencies had recorded her rendition without even asking for her permission. I was very surprised.

The United States and many other countries have enacted legislation that protect intellectual property. There are also international conventions to protect patents, trademarks, and copyrights covering tangible and intangible products discovered, invented, or created by the human mind. The use and exploitation of this intellectual property without the authorization of the author violates law and perpetrators are subject to both criminal and civil liability.

Only after the author, or legal holder, of an intellectual property right has consented to its use or exploitation this can be manufactured, sold, printed, reproduced, or used. Because the protected intellectual property is the work product of an individual, this inventor, creator, or author must be compensated. Such compensation is called royalties.

American legislation defines royalties as “…a percentage of gross or net profit, or a fixed amount per sale to which a creator of a work is entitled which is agreed upon in a contract between the creator and the manufacturer, publisher, agent, and/or distributor. “ Inventors, authors, movie makers, music composers, scriptwriters, musicians, interpreters, translators, and other creators of an intellectual product , contract with manufacturers, publishers, movie production companies, producers, event organizers, agents, and distributors to be paid royalties in exchange for a license or authorization to manufacture or sell the product. Royalties are payments made by one entity (the licensee) to another entity (the licensor) in exchange for the right to use intellectual property or physical assets owned by the licensor.

In a situation like the one I describe above, the speaker at the podium is the author of the knowledge and information he is disseminating among the attendees to the conference. He owns that intellectual property. The interpreters in the booth are the authors of the content in the target language of the knowledge and information the speaker at the podium disseminated in the source language. Both, the speaker (in the source language) and the interpreters (in the target language) would be licensors to the attendee who requested the recording when he went to the booth. This individual would be the licensee to the speaker as far as the knowledge and information disseminated by the speaker during the speech, and for the elocution of the contents in the source language. He would also be the licensee to the interpreters for the rendition of the speech into the foreign (signed, or indigenous) target language.

The attendee would need, at least, the authorization of the speaker to record the presentation in the source language, and the consent of both, speaker and interpreters to record the presentation in the target language. Attendee would need to negotiate the payment of royalties with speaker and interpreters, and all licensors would need to be compensated for the use of their intellectual property.

It could be more complicated; the speaker may have partners who coauthored the paper he is presenting; a university, government, or other entity may be the legal holder to the intellectual property rights because of a contractual agreement between the speaker and his sponsors.  The interpreters could have negotiated the sale of their intellectual property (the rendition into the target language) to the agency that retained them, the main speaker, the university, government or other entity who sponsored the research, or any other party legally entitled to said intellectual property.  It is never as simple as letting the attendee record your rendition.

Years ago, interpreters would get to the booth, and whenever there were no speakers of the target language they were there to interpret, they would just sit in the booth doing very little. There were no “customers” for their intellectual product.  This has changed. Now often interpreters must interpret into their target language even if there are no speakers in the room, because there may be others virtually attending the presentation from a remote location, or because the speech, and its interpretation into several target languages, will be sold to others who could not attend the live event.

For this reason interpreters must know of the event organizer’s plans. If there will be a video or audio recording of the presentation, we must negotiate royalties. Those fees belong to us, not to the speaker or the event organizer; and they do not belong in the pockets of the agency that hired us to do the conference. As interpreters we must be very careful of what we sign. Speaker and event organizer may be paying royalties to the agency for the recording, and the interpreting agency may not be passing these payments on to you, the rightful owner.

Interpreters can negotiate this intellectual property rights. They can sell them to a third party if they wish to do so. They can even transfer them for free. It is up to the skill and business mind of the interpreter to decide what to do, but we must know that we can negotiate; that we are in the driver’s seat. I would allow no type of recording of my work unless I get paid royalties. How I negotiate payment, how to calculate them, and whether or not I will settle for a lump payment or a recurring payment every time the recording is sold, will depend on the content, and my long term relationship with that client.

Please do not ignore your intellectual property rights. The United States Code, Code of Federal Regulations, and other legislation will protect us in the U.S., but when working abroad, and even when the work product (recorded rendition) will be sold abroad, or the licensee entity is a foreign national, check local legislation and look for any international treaty. Finally, regardless of the location of the job, always include an intellectual property/payment of royalties clause in your interpreting services contract. At the minimum you should prohibit any recording of your rendition without your written consent.

I now invite you to leave your comments and to share your experiences with this issue that will be more pervasive every day.

When the interpreter does not hear the speaker.

October 21, 2015 § 7 Comments

Dear Colleagues:

In recent weeks I have been contacted by two different colleagues who basically had the same problem: What do you do as an interpreter when you did not hear what the speaker said, and the cause of the problem is the speaker himself?  I thought about the question, and I realized that this situation is more common than we may think when we first consider it.

There are many reasons why an interpreter’s professional life can get complicated, and one of them is a poor speaker.  There are also a multitude of circumstances that arise during a conference, negotiation, trial or interview, that will not let us hear what was said, many of them can be traced to a deficient sound system, bad interpreting equipment, wrongly situated interpreters’ booth, technician’s ineptitude, and others.  Today we will focus on those occasions when the problem can be traced back to the speaker.

There are basically three kinds of speakers for the matter that occupies us this time: The experienced speaker, the novice, and the careless.  A seasoned individual used to public speaking will speak clearly, at a good pace, and with the audience in mind. If these speakers are used to an international audience, they will also adjust the form and content of their speech so it can be interpreted to a series of foreign languages without major problems. With some exceptions, we find these orators at the events of the highest level.  They are the group that creates the least problems for the interpreters, and can be approached with suggestions to improve the rendition into the target languages.

Many novice speakers have to deal with fears and insecurities, their experience addressing a crowd is non-existent or at best very limited, and they ignore the details and even the basic rules that must be observed when talking to a diverse, multicultural, and foreign language speaking audience.  They can be very difficult to interpret, and hard to hear; but once they are past their fears and insecurities, they are usually receptive, coachable, and willing to work with the interpreters.

It is the careless speaker that causes most of the interpreters’ headaches.  Many of them have been around long enough to know how to speak in public and how to address a foreign language crowd; they all know that there are special considerations by the orator when a speech needs to be interpreted into another language, but they consider it of little significance and dismiss it. Some of them are even worse, as they truly ignore the basic rules of public speaking before an international audience because they just don’t see any benefit or motivation to learn them.  These are the speakers that will keep interpreters sleepless all night.

Besides separating this problem from all technical and logistics occurrences that can cause difficulties when listening to the speaker, to be able to look at this issue in detail, we must deal separately with the different types of interpreting where the situation may be present sometimes.

Conference Interpreting.

The most common situation is when the speaker abandons the microphone.  The presenter leaves the podium with the fixed wired microphone and walks around the stage speaking directly to the audience without any devise, or holds a handheld mike as he speaks, but keeps the microphone pointing to the opposite direction from his mouth, making it impossible to hear in the booth what was said.  The problem could also exist when the speaker has a lapel microphone which has been poorly placed on his body or when he ruffles the mike with his hands or clothes.

The best way to avoid this issue is through education.  With the exception of the experienced speaker, most people will benefit from a brief orientation on how to work with interpreters. Reputable truly professional agencies and event promoters will likely take care of this issue by providing some literature to the presenter ahead of time, or by asking the speaker to set aside a few minutes before the speech to talk to the interpreters who will let him know what adjustments he needs to make for the benefit of the booth and more importantly, for the benefit of the foreign language speakers who are in the audience as guests or as paid ticket holders.  I suggest that you have a standard brochure, prepared by you to be given to the speaker, where you address and explain all these nuances and considerations that must be kept in mind when speaking before an audience with interpreters.  This can be used when the agency is not that reputable or experienced and does not even think about this speaker orientation aspect of the event, and you can offer it as an added value to the client, and charge for it.

Next, unless it is an experienced individual or a very busy dignitary or celebrity with no time to spare, you need to be ready to meet with the speaker before the event anyway; even if it is just to ask if he read the brochure and to inquire if he has any questions, or, as it will no doubt happen many times, to go over the contents of the brochure with those orators who “did not have time to read the brochure ahead of time”.  It requires that at least one interpreter from the team (usually the lead interpreter for the event) arrive to the venue a little earlier. When there are several booths, you can distribute responsibilities so that an interpreter is testing the equipment with the technicians while you are meeting with the speaker about the orientation brochure.

The strategy above should take care of most situations, but you have to be prepared for the speaker who forgets what he was told during the orientation and leaves the microphone behind in any of the ways described above.  In that case your options are limited a somewhat drastic measures:  (1) Your first option should be interpreter console in the booth (when available) and let the speaker know that he is not using the microphone, or that he did not turn it on, by pressing the slow-down button on the console. This is a discreet way to communicate with the presenter without leaving the booth.  (2) When the interpreter console does not have this button, as many older models do not, then the interpreters should use the help of the technician, and ask him to let the speaker know that there is a problem, either by the technician approaching the stage and communicating with the speaker by discreet signs, or by passing a note to the podium.  (3)  If the technician is not around at that particular time, one of the interpreters will have to leave the booth and hopefully, from the back of the room, get the attention of the orator. If this is not possible due to the booth location, lighting of the room, or the distance to the stage, then the interpreter should approach the stage and deliver the note to the speaker.  (4)  Finally, there will be times when none of the above options may be available because the interpreters’ booth is in a place relatively inaccessible from the stage (many built-in booths have access from the street through a separate entrance from the main auditorium’s). In those rare cases the interpreter can get to the speaker by asking the audience he is interpreting for, to please ask the speaker to speak into the mike. This is a drastic measure but it is better than leaving half of the attendees in the dark as to what the speaker said during the presentation.

Court Interpreting.

The situation in court is different.  First, unlike a conference setting, there will be several people speaking back and forth during the same occurrence, usually a hearing.  Some of them will be aware of the need to be heard by the interpreter while others, like the witnesses and the parties to the litigation, will not even realize that the hearing is being interpreted into a foreign language.  The most common scenarios where it will be difficult, if not impossible, to hear what has been said will be when the person speaking moves away from the microphone. In the case of the witnesses and litigants the problem could also be that they simply do not speak loud enough.

Because of its rigorous rules and protocol, and because there is a record being kept of the hearing, interpreters in this setting have an easier way to correct a party when they cannot hear what was said. It is enough for the interpreter to raise her hand and voice and state aloud (in the third person because there is a record of the hearing and therefore the voice of the person speaking has to be announced for the transcriber) that “the interpreter cannot hear the attorney, judge, witness, plaintiff, etc., and ask that the parties speak into the microphone. Thank you”. Some interpreters may prefer to ask the judge to admonish the parties to speak louder or using the microphone, by stating aloud, immediately after the word or phrase was uttered, that: “the interpreter respectfully asks the court to instruct the parties to speak louder and into the microphone”.  Because as a general rule there are no booths and the interpreters are very close to the judge and litigants, this can easily be accomplished in an expeditious way. The only word of caution would be that the interpreters must find the best place to locate themselves (in those courtrooms where there is no interpreter desk) to avoid interrupting the proceedings very often.  Another valuable resource that should be used before interrupting the hearing is a simple consultation with the passive interpreter in the team. Many times the passive interpreter may be able to discern what was said because, unlike the active interpreter, she is not listening to the hearing over her own voice at this time.

Consecutive interpreting.

This problem could be easy to solve or very difficult during a consecutive rendition. It depends on the venue. When doing consecutive interpreting in court, usually for a party or witness who is testifying from the stand, the solution is the same as in the case of simultaneous court interpreting above. Sometimes, if the word that was not heard is irrelevant to the hearing, the interpreter can ask the witness, who is sitting next to her, directly. It would be better, and safer, to announce this circumstance first by stating aloud: “the interpreter will ask the witness to clarify (or repeat) a word that the interpreter did not hear…”

When the interpreter is working as an escort and there are words that he did not hear because of background noise, or because the speaker turned her heard the other way when she said the word, the interpreter can simply and informally stop her on the spot and ask her to repeat what she just said. This is quite common when visiting touristic attractions, industrial plants, or places where crowds gather such as markets, plazas, train stations, and so on.  The same solution can be applied to healthcare interpreting during doctor or nurse appointments.

The situation is quite more complicated in the case of a long consecutive rendition during a press conference, diplomatic negotiation, or a ceremony.  In this case there could be different scenarios: (1) When the interpreters are working as a team, the passive interpreter can help the active colleague in a similar way as described above when we dealt with court interpreting. (2) The situation is more difficult when the interpreter is working alone. Many times the solution will depend on the style of the interpreter as he could start the rendition while slipping a note to an aide asking for a term that he did not hear, he could ask the speaker to repeat the term after he finished his statement and before the interpreter starts the consecutive rendition, or the interpreter can go ahead with the rendition and stop to ask at the time when the word that he did not hear was said by the speaker.  This may sound quite scary, but we must remember that this case scenario will rarely happen as interpreters are well-prepared for these events and know the relevant terminology; Many times the word that the interpreter did not hear can be inferred from the context of what the speaker said, sometimes the name is repeated later on the speech and the interpreter heard it the second time, and the word may turn out to be irrelevant to the message and therefore it can be left out. Remember, this is not short court consecutive interpretation.

As we clearly see, once again we face the reality that interpreting is a very difficult profession, but many of the complications and problems that appear during the rendition can be prevented and resolved with good preparation, which includes educating the speaker. I now ask you to share with the rest of us some of the times when you had to face this same issue, and tell us how you solved the situation and saved the day.

When the court interpreter asks for a sidebar.

February 11, 2014 § 42 Comments

Dear colleagues:

There are times when the court interpreter is already working in the courtroom and he comes across certain information, notices something in the courtroom, or faces a situation that makes his job unnecessarily difficult.  Usually the recourse is to let the judge know. This is an effective way to solve most problems and continue providing interpretation services during the judicial hearing.  Unfortunately, depending on the issue at stake, this is more difficult when working in the presence of a jury.

All court interpreters should know that, to avoid a mistrial, certain things cannot be said in front of an already impaneled jury.  What is left for the interpreter to do under these circumstances?  The same thing attorneys do: Ask for a sidebar.  Now I would like to share a story that happened to me several years ago while I was interpreting during a criminal trial in the United States.

A colleague and I were interpreting for a defendant charged with a crime that involved some horrible physical injuries.  It took the first two days of the trial to pick a jury, and it took the prosecution another three days to present their case to the jury.  The first defense witness took the stand on the sixth day.  It just happened that this witness did not speak English so we had to interpret for both: defendant and witness. We did a consecutive rendition of the testimony and we positioned ourselves next and right behind the witness stand.  We interpreted over the courtroom sound system so the defendant heard all the questions and answers in Spanish.  Direct examination by the defense began that morning. Nothing out of the ordinary to this point except for the fact that the prosecuting attorney spoke Spanish.

It was my turn to interpret so I started the afternoon session. After the first standard questions about the witness’ name and occupation, the defense attorney asked him questions about the facts of the case.  The witness started answering in Spanish and his testimony disputed what up until then the prosecution had advanced as their theory of the case.  It was clear to all Spanish speakers in that courtroom that this testimony was not favorable to the prosecution. As the witness was speaking, the prosecutor stood up and objected to the witness’ answer stating that the testimony was hearsay.  The judge sustained the objection.  It bothered me that this English speaking judge had granted the prosecutor’s objection even before I interpreted the witness’ answer into English. The defense attorney said nothing. Two or three questions later the same thing happened again.  At this time I was very concerned about the direction this was heading to, so when the prosecutor objected for the third time I got up, raised my hand and asked for a sidebar.  The judge and attorneys were a little confused but after hesitating for a fraction of a second the judge asked us to approach. While walking towards the bench I turned to the witness stand and signaled the other interpreter (who was then sitting behind me as she was the supporting interpreter at that time) to join us for the sidebar.

As soon as we were all in front of the judge I voiced my concern. I told the judge that I believed that in order to sustain or deny an objection there has to be something on the record for the objecting party to object to a statement by a witness, and that sustaining or denying an objection without having heard the objectionable statement probably was not the best way to act.  The judge asked me to clarify so I basically told her that my rendition into English reported on the record by the court reporter is the actual testimony, that an attorney who objects to an answer given by a witness in a foreign language is not objectionable unless it is first interpreted into English. Before this happens the answer given in Spanish is not part of the record and therefore, there is nothing to object. My second argument was that the counterpart, the defense in this case, had no way to argue against the objection because he does not speak Spanish and does not know what the witness said.  Finally, I told the judge that in my humble opinion, as a non-Spanish speaker, she would also need to wait for the interpretation of the answer given in Spanish before she could decide what to do with the objection.  There was silence after I spoke. A few moments later the judge said: “He is absolutely right. We have to wait for the interpretation.” We had no more problems with that or any other Spanish speaking witness for the rest of the trial.

About two weeks later I was contacted by the head prosecutor in that judicial district who invited me to give a talk to all of this prosecutors about this issue.  Dear colleagues, do not lose sight of the fact that as interpreters we are officers of the court, and as such, we must use all the tools that the system gives us in order to do our part to preserve the integrity of the judicial process.  During my career I have asked for a side bar in countless occasions when I have faced a situation similar to the one I mentioned above.  Now I invite you to tell us your sidebar experiences and to share with us some of the difficulties you have faced while on the job and how you have solved them.

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