January 12, 2021 § 6 Comments
Now that 2020 ended and we are working towards a better and safer 2021, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, last year was like no other. 2020 was garbage. It was a terrible year for humanity, and for the profession, and it was even worse for the interpreters.
Stating the facts does not make me a negative individual. This post acknowledges reality because that is the only way we can move forward and leave this awful year in the trash can. To those who say the year was not so bad, because it made us realize what is truly important, I say this is a self-defense mechanism that keeps us from dealing with the horrendous truth; and to those claiming that 2020 was a good year for them, all I can do is ask them how can you celebrate a year when so many millions of people died, many more millions got sick with long-term consequences, lost their jobs, or their business went under with no fault of their own? The year was a dark moment in human history. We saw how many of our colleagues, some great interpreters, left the profession just to feed their families; we saw how the sound technicians, our professional partners, lost their source of income, and with that their homes, cars, health insurance. I was left wondering about the lives of airport, hotel, and airline workers who I used to see several times a week and were left with the sad option of collecting unemployment insurance and visiting food banks to feed their children. I often think of my colleagues enduring the hardship of not working remotely as they now have their children at home because schools were closed many months ago; I see how many colleagues, some top-tier interpreters, are struggling to learn technology, and install the infrastructure at home to enter the world of distance conference interpreting, and literarily suffer as they try to understand a technology that appeared too late in their lives, or cut essential expenses so they can pay for high speed internet, or noise-cancelling headphones. I feel so sad when I see my elderly colleagues getting COVID-19, and sometimes passing away. I had a hard time, like we all did, but fortunately, I was technologically ready to jump on the distance interpreting bandwagon, and even though I am working at home, missing all those things that make life worth living, such as traveling, and enjoying human contact, I was lucky enough to work, remotely, with magnificent interpreters and many of my dearest colleagues.
Our profession saw its conferences migrate to a virtual mode, allowing us to learn and practice, but depriving us from the opportunities to do networking and renew friendships with those colleagues we only see once a year. I congratulate those professional associations that cancelled, postponed, and moved their conferences online, and I shame those associations that put money ahead of their members’ health, and waited until the last moment to switch to virtual. That we will remember.
2020 was the year of fraud and misrepresentation of credentials where sadly, many great instructors and presenters shared cyberspace with unknown, self-proclaimed experts who made money by designing a nice website, attractive advertisement, and nothing else. We saw the growth of our profession in distance interpreting: Remote Simultaneous Interpreting (RSI) video remote interpreting (VRI) and over the phone interpreting (OPI). Unfortunately, much of its growth was due to questionable advertisement by some platforms and agencies who scared clients and naïve interpreters by making them believe that in-person interpreting was forever gone, and selling them the false idea that distance interpreting was of the same quality as in-person traditional work. We learned the value of real interpreter-centric professional associations that defended our interests when platforms, agencies, and many clients tried (and continue to try) to lower our standards by retaining unqualified interpreters, violating the rules of professional domicile, and recruiting interpreters and para-professionals willing to work long hours, solo, and for little money. We saw how not even a pandemic can bring us a one hundred percent pariah-safe year.
One of the few good things that happened in 2020 was the defeat of ATA’s Board initiative to decouple membership from certification. I applaud the members who made it possible with their vote.
Finally, to end on a positive note, I say we proved to ourselves that interpreters are resilient, able to adapt to adversity to survive, and good humans. We saw more unity among our colleagues than ever before. This was a welcome development in the ferocious assault by the agencies demanding work for lower pay, and platforms demanding work under substandard conditions. I disagree, however, with the idea that we “learned” how to do this. We just remembered how to do it. It is Darwinian that humans adapt to changing circumstances. That is natural selection.
We now face a new year full of uncertainty, with a poor distribution of the COVID-19 vaccine, new mutations of the virus, a world economy in shambles, a hospitality sector, vital to our profession, looking at a long term come back that has not even started, and the usual agencies and their associates looking for a way to make a quick buck at the expense of the interpreter. As you can see, dear friends and colleagues, there were terrible things in 2020, many of us lost family, friends and colleagues; our income was affected, and some of our clients closed. Fortunately, we remembered we are resilient, adaptable, and courageous; we discovered we can work together as interpreters regardless of our geographic location, and we saw there is technology to keep us going during the crisis. Much changed and sadly much stayed the same. I will focus on the good things to come while I guard against the bad ones. I wish you all a better and healthy 2021!
March 23, 2020 § 7 Comments
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.
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”.
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”.
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”.
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.
October 17, 2019 § 18 Comments
The idea to write this piece came almost a year ago when talking to some interpreters I noticed a growing tendency to quickly move the still very young remote simultaneous interpreting (RSI) from the studio to the interpreters’ homes. I conversed with many of my colleagues throughout the world, attended conferences where the topic was discussed, spoke with clients, event organizers, and I also had long, detailed conversations with lawyers and people from insurance companies.
RSI is a true achievement of science and technology, combined with interpreting expertise by some prominent interpreters. Many of its more serious technological issues have been solved, and we are at a point where quality interpreting can be delivered remotely when done as many of my colleagues and I understood it was supposed to be done.
My personal experience, and that of other trusted interpreters, show Interprefy and Kudo (which I have not tried yet) as the most user -friendly platforms, and technology is not the only reason. These platforms were carefully developed with great input from experienced professional interpreters whose comments, suggestions, and opinions were essential to the final product. Unlike others, from the beginning, the people behind these platforms understood RSI was a different way to deliver professional interpreting services; they recognized that quality interpreting can only be delivered when interpreters interpret under the most favorable conditions. Their success depended on getting the best human talent, optimal working conditions, and the best support team. They presented a serious, viable alternative to in-person interpreting by creating RSI studios where interpreters could work in a booth, as a team, and with the required technical support. This was a great idea and positive results came in in both cases. Up to here, everything was on the right path, with perhaps a few wrinkles to be ironed out, and we will talk about them in a moment, but with some of the biggest issues already addressed.
Unfortunately, sometimes greed, overconfidence, or lack of knowledge can cloud even the most successful vision, and it is happening now with these and other platforms: For all, or some, of the reasons above, those in charge of recruiting talent, or organizing events, are encouraging RSI from home. The idea of the studio where interpreters would work as a team sitting side by side in a virtual booth at a facility where technical support would be available has moved aside to leave a prominent place to remote simultaneous interpreting from the interpreters home or office.
I have attended conferences and other events where RSI platforms and agencies are actively recruiting interpreters from countries with emerging economies to provide remote simultaneous interpreting services from their homes. These colleagues are told of the professional and economic personal benefits of working big events, often otherwise inaccessible to them because of geography, by setting up a “studio” in their own house. They hear all they need is a highspeed internet connection, a professional quality microphone and headset, a computer, and two good screens. Sometimes they are told to condition a house room to be soundproof, which they are told, would be easy and inexpensive. These colleagues are offered fees well below those charged by interpreters in developed markets.
The above proposal is enticing and it sounds great to many interpreters all over the world. Some think of a little corner in their house that can be turned into their home studio; others believe that they are good at repairing things, or they know a lot about computers, so setting up their hardware would be a piece of cake. All that may be true, but it is like the worm on the fisherman’s hook, it looks good, but it also brings all kinds of hidden dangers to the individual interpreter. Let me explain:
The first thing interpreters considering RSI need to understand, and this also applies to those who only work at the RSI studio, is this is a new kind of interpretation. It is not conference interpreting, even though they both share many things as far as preparation and rendition. RSI interpreting requires interpreters do extra tasks they need not perform when interpreting a conference in a traditional booth. RSI interpreters must use a keyboard to communicate with each other, the tech support team, and sometimes the person directing the event. They read messages on their screens and hear things in their headsets traditional conference interpreters do not: “get closer to the microphone”, “do not move around that much because the microphone captures the noise and transmits it to the audience”, “we will run a sound test during the break”, are some instructions RSI interpreters will hear during an event while they are interpreting. They will also have to answer questions from technical support, the person directing/coordinating the event, and other interpreters from different booths, by typing messages while interpreting. RSI interpreting requires interpreters perform more tasks than those they perform when working a conference in a traditional booth. This is doable; interpreters can practice and accomplish these tasks, but the bottom line is that, compared to traditional conference interpreting, these interpreters are asked to do more work. We all would agree that more work = higher pay.
Contrary to interpreting agencies’ talking points, RSI interpreters should be paid more than their counterparts working in person. Agencies and organizers are getting their savings from avoiding travel expenses and setting up equipment at the venue. Interpreters should get paid according to the work they do.
Another issue of great concern to interpreters, not so much to agencies and event organizers, is the risk of acoustic shock. As many of you know, acoustic shock disorder (ASD) is an involuntary response to a sound perceived as traumatic (usually a sudden, unexpected loud sound heard near the ear), which causes a specific and consistent pattern of neurophysiological and psychological symptoms. These include aural pain/fullness, tinnitus, hyperacusis, muffled hearing, vertigo and other unusual symptoms such as numbness or burning sensations around the ear. Typically, people describe acoustic shock as feeling like they have been stabbed or electrocuted in the ear. If symptoms persist, a range of emotional reactions including post-traumatic stress disorder (PTSD), anxiety, and depression can develop. (http://www.hyperacusis.net/other-factors/acoustic-shock-disorder/)
We are talking about losing our hearing! This is a career-end risk that interpreters are not told when offered a job to deliver RSI from home. The dangers of this happening to any of us should not be taken lightly, but when working from an RSI studio, we can demand the best conditions to prevent an event that causes these incidents, and to minimize the impact of the event if it happens. All interpreters should discuss this risk with their clients, and demand the proper infrastructure and hardware to prevent a tragedy, including appropriate headsets for those colleagues without their own. This situation could happen when interpreting at the RSI studio, it could even happen during a traditional conference interpreting assignment, but the risk will be much smaller because the service would be provided in a controlled environment with the appropriate equipment. When working from home, interpreters have no control over these dangers: power supply fluctuations, solar flares, weather-related factors such as electric storms, satellite trouble, internet or telephone system failure, are all risk factors interpreters are exposed to when working at home. Remember: this can be a career-ending event, or at the least a very expensive medical treatment, coupled with loss of income due to a long period of interpreting inactivity due to poor hearing. Interpreters need to make sure these issues are discussed with their clients and covered in the professional services contract.
There are many other concerns derived from RSI interpreting at home: Interpreters are professionals and they are expected to do their job: Interpreting, researching the subject of the conference, adapting their delivery to cultural considerations to make communication happen between those who do not share a common language. They are also expected to prevent and solve language-related problems that may come up during their rendition. They are neither equipped, nor expected, to deal with technical difficulties or problems derived from the installation or performance of the interpreting equipment, sound system, or any other non-linguistic or cultural issue. Interpreters are not mechanics, electricians, sound engineers, telephone repairmen, software engineers, or IT experts. Even those who claim to be “amateur experts” do not have to be so. These services are needed to deliver interpreting services, but they are not provided by the interpreting team.
Because technology is so important in RSI, and because interpreters have limitations, the only way to guarantee (to a high degree) a successful event is by delivering the interpretation from an RSI studio where interpreters wit side by side and work as a team, and technical support is on site.
There are other considerations that are as important as the ones so far expressed in this section, that cannot be satisfied to professional quality when interpreting takes place in a house, office or apartment. Interpreters do not have all needed equipment, and even if they think they do, it will probably be outdated. Technology changes so quickly that it would be practically impossible and unrealistic to expect interpreters to keep up with the latest products, and then acquire them at their own expense, and properly install them to be used at the next home RSI event. At home, interpreters are alone, there is no technical support, other than a guy a the other end of the phone line, trying to explain to a lay person how to troubleshoot, diagnose and repair a technical issue while the event is in progress, and the other interpreter takes over the rendition for an uncertain period, with all its unwanted consequences due to mental fatigue and additional stress, until the problem is corrected or the event has to be cancelled.
When working from home, interpreters do not have a boothmate next to them. There is no support/passive interpreter assisting with research, writing down figures, and so on; in fact, to communicate with each other, they must type a message while interpreting, adding another layer to the very complex task of simultaneous interpreting. There is also the possibility of having technical difficulties that may keep an interpreter from taking over when their turn comes up, leaving the original interpreter on the mike for potentially hours. There are also the mental and biological considerations. Because RSI happens worldwide, one interpreter could be working from her home in Tijuana, Mexico while the other could be in Fukuoka, Japan; a difference of 18 hours. One interpreter could be fresh and energetic while the other could be tired and fatigued because she would be working during the night. This differs from traditional interpreting when we travel to the venue and get used to the time change before the rendition. With RSI from home, one interpreter could be sound asleep and then interpreting a complex scientific conference 30 minutes later. This is bad for the well-rested interpreter counting on the exhausted interpreter; it is unfair to the interpreter who just woke up because she is now working during the night after working all day the day before; and it is bad for the client as the rendition will suffer.
One danger from RSI at home concerns national infrastructure. I see agencies and promoters recruiting interpreters all over the world; I have seen them selling the job to colleagues who work with less common language combinations, a very desirable resource to these agencies, but live in countries where the technology and infrastructure may not be at the level needed for a successful RSI job. Power outages are an everyday event in many countries; this would kill an event, or at least, leave one interpreter working solo because the other one will have no way to continue. Outdated telephone systems, sub-pair internet speed, unreliable infrastructure such as poor satellite coverage or cellular phone towers will also kill the event, or at the least deliver a low-quality rendition for causes with nothing to do with the interpreters’ performance.
Living conditions can be a real problem. A dog barking, a neighbor mowing the lawn, kids playing next door, or ambulance sirens from a nearby hospital could diminish the quality of the service. Unlike an RSI studio, a “sound-proof” home studio by an interpreter is not a professional studio.
Now let’s talk liability. Does the RSI home interpreter’s professional insurance policy cover RSI from home? Until today, I have seen no policy that covers such service; interpreter professional liability insurance policies do not even cover RSI at the studio. Period. The thing is, until there is clear coverage of this professional service, interpreters can argue that RSI at the studio can be equated to conference interpreting from the booth. Also, just like at the convention center, interpreting from the RSI studio falls under the agency’s or organizer’s liability, not the interpreters’.
This is a real issue and we need to talk to the insurance companies to make sure there is a policy that covers these new modes of interpreting. The premium will be higher, and we need to be ready for that by factoring in the new cost into what we charge for providing our services.
A lawsuit could put you out of business for good, and losing in court because of a power outage , a poor telephone service, slow internet, or a noisy neighbor, while the agency/organizer who transferred this liability to you by getting you to work from home, stays in business would be an injustice.
This problem does not go away, even when interpreting from a different country, half world away from the event. Some countries’ legislation allows the injured party (client) to sue you regardless of where you are from, where you live, or where you provided the service from. The United States is one of these countries. It is a matter of jurisdiction.
The law allows for long arm jurisdiction, so a court, let’s say in the United States, can admit a lawsuit against individuals or corporations not physically within the United States, as long as there is a connection to the country, such as the client, the venue, the agent/organizer, equipment manufacturer, etc. (Becerra Javier. Dictionary of United States Legal Terminology. English-Spanish. Escuela Libre de Derecho 2008). All that is needed is the commission of a tortious act within the United States or affecting an individual, organization, or corporation from or doing business in the United States (International Shoe Co. v State of Washington. 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95) These are some reasons why the United States can create a trade embargo against foreign nations. In the past, even when the parties had no apparent link to the United States, American courts have taken jurisdiction because of certain nexus to the country. Even if you are at home in South America interpreting a conference in Africa for a European client, if you used Microsoft, Apple, Google, IBM, INTEL, an American telecommunications satellite, etc., a judge could admit a lawsuit against you for professional malpractice or negligence due to a defective internet connection or outdated hardware at your house.
The United States follows a contributory negligence system, so even if the agency/promoter is sued, you could be sued as well for contributing to the problem by such things as providing this service from home without knowing about computers, remote interpreting, sound, the condition of your home electrical outlets, the last time you backed up your system, etcetera. Having professional liability insurance coverage that works in the United States will help, because even if sued, the policy will protect you to your liability limit. These are issues that must be discussed with insurance companies, and I believe that until there is a policy that clearly covers these legal situations, I would close the home office and go back to RSI from the studio. I have talked to several tort, malpractice attorneys and insurance company lawyers and they are all catching up. As of now, insurers’ efforts are focusing on how to deny you coverage under current insurance policies.
I understand there is much to be said and researched, including how long is the arm of the law, but for now, and until we know what we professionally, medically, and legally face, I believe the success and full acceptance of RSI in our corporate, academic, diplomatic, and governmental worlds should be handled with caution. This includes going back to RSI at the studio as it was once welcomed and cheered by so many of us. I for one, as an experienced professional interpreter, and as a lawyer, will limit my RSI practice to the studio with a real partner next to me. I will also continue to educate my clients and colleagues on the dangers of working from home, and will talk to many more lawyers and insurance companies about the lack of coverage. That will give interpreters peace of mind. I hope the prestigious platforms follow and those greedy agencies/organizers understand the enormous risk they are taking by continuing to foster home-based RSI. Please let me know your thoughts on this so dangerous risk many of our colleagues are taking without even thinking about it.