October 18, 2016 § 4 Comments
About two months ago the California immigration court interpreters started a movement to force the hand of SOSi and the EOIR with the goal of achieving better work conditions, a professional pay for the services rendered, and to keep the authorities from hiring new interpreters and interpretation students for a lower fee. This entry will not deal with the merits or the outcome of such movement. We will talk about the elephant in the room: the big obstacle to the professionalization of the interpreting services in American immigration courts that can be changed by the interpreters themselves.
I know that this blog entry will make some uncomfortable, and I do not like to do that. Unfortunately, my life-long effort to fight for the professionalization of interpreting does not allow me to keep silent. To me, that would be equivalent to betraying my own professional standards. I write this piece with respect and with no desire to offend, knowing that by the time some of you finish reading this article, you will feel offended. I only ask you to reflect on what bothered you, and honestly acknowledge, at least to yourself, that you are not really up to save the profession (as a true profession, not as a laborer’s occupation) in the immigration court arena.
For several years now, there has been a tendency to credentialize interpreters who provide services to the public, who perform a fiduciary function. Because of the wide variety of languages regularly spoken in the United States, and due to the millions of people who do not speak English at all, or at least good enough to go through a legal or medical process, most efforts have been applied to the certification of Spanish interpreters, by far the most popular foreign language nationwide, and finding other solutions for the other languages.
Court interpreters had an early start and developed the federal Spanish court interpreter certification exam. Many States followed and the States’ Consortium for State Court Interpreter Certification was born, later taking us to the current Language Access Advisory Committee (LAAC) and Council of Language Access Coordinators (CLAC).
Healthcare interpreters followed suit and developed two different interpreter certification programs (the Certification Commission for Healthcare Interpreters: CCHI, and the National Board of Certification for Medical Interpreters’ CMI program) both of them widely spread and recognized throughout the United States. Granted, the term “medical interpreter” to describe the functions of these professionals is less accurate that “healthcare interpreter”, and compared to the court interpreter certification federal and state-level exams, both healthcare certifications are way behind in content and degree of difficulty; but unlike court interpreter certification programs, healthcare interpreters have achieved something extremely valuable that court interpreters can only dream of: an examination administered by an independent entity, just like lawyers and physicians, instead of the uncomfortable government-run court interpreter programs that always raise the issue of the real conflict of interests when the entity certifying interpreters is the same one who hires them.
At any rate, healthcare interpreters in the United States now have a way to prove that they are minimally qualified to do their job, that they adhere to a code of ethics, and that they comply with continuing education requirements that will keep them current in language, interpreting, terminology, and medical issues. In other words, healthcare interpreters sitting at the table with court interpreters can now bring up their credential and feel at the same professional level than their legal colleagues, instead of having to give a speech about how certifications do not mean a thing, that it is working in the trenches that makes you a good interpreter, and that your field is so unique that no existing certification exam could test what is needed to work in that field.
Well, dear friends and colleagues, this takes me straight to a very real, and somewhat uncomfortable problem, faced everyday by immigration court interpreters in the United Stets: They have no certification program requirement to work in court, and for that reason, there is no way to prove a certain minimum level, thus allowing bad interpreters to work in the immigration court system for years.
Court interpreting is a highly skilled occupation that requires of a professional provider. By its nature, it is also a fiduciary function where a judge, attorneys, respondents and witnesses must trust the knowledge and skill of the interpreter who will speak throughout the proceedings while at least half of those present will not understand a word of what was said. It is an awesome responsibility that cannot be left to the paraprofessional or the untested.
Presently, all Article Three courts in the United States, at all levels (federal and state) have a Spanish language court interpreter certification program that includes minimum requirements to take the exam, passing a comprehensive and difficult test (at least at the federal level), observing a code of ethics, and (with the exception of the federal program) complying with continuing education in the legal, interpreting, and language fields to be able to keep the certification. These courts are part of the Judiciary Branch of government.
Immigration Courts are not a part of the Judiciary. They are in the Executive Branch of government and are referred to as Article One courts because of their legal basis in the U.S. Constitution. The thing is, my colleagues, these courts deal with societal, family, and personal values and interests as important as those heard by Article Three judges. They are courts of law that abide by a set of substantive and adjective laws. For practical reasons, they operate just like any judicial court: there is a judge, there are parties (one of them will be the government just like in criminal law), there are witnesses, and there are attorneys. Although the controversies are different, immigration proceedings also include a first appearance, motions hearings, a court trial, and a verdict. There is a burden of proof, rules of evidence and procedure, and the possibility of an appeal to a higher court (Board of Immigration Appeals). The fact that the terminology calls these hearings “master calendar”, “bond redetermination”, “credible fear”, or “individual hearing” does not make much difference. The cases are as different from those interpreted in an Article Three courtroom, as a criminal case differs from a civil or a family law proceeding.
The skills required to interpret are the same as in any other type of court proceeding: There is a need for simultaneous and consecutive interpreting, as well as sight translation. Interpreters use equipment just the same (in fact, in many cases even the same brand), and the expected ethical and professional conduct of the interpreter is the same.
It is a fact that immigration court interpreters are disrespected by their client: the EOIR on a daily basis. There is no denial that they make little money, work long hours, and they do it solo, regardless of the complexity or duration of a hearing. It is also well-known that they are treated in humiliating fashion by being forced to jump through many administrative hoops that no other court interpreter will ever face, in part because they are subcontracted by a multinational agency that tries to keep control over the interpreters without physically being at the courthouse, but also in part because interpreters are not considered professionals, they are not acknowledged as officers of the court.
I firmly believe that the only way to earn the credibility they need so much, Spanish language (for now, and ideally all widely used language combinations later) immigration court interpreters in the United States must demand a court interpreter certification requirement to be able to work. They need it for their credibility among their peers and with the public opinion. Once they have a credential, together with a code of ethics and continuing education requirements, they will be in a much better position to negotiate with anybody.
Because immigration court is a federal matter, and the services provided by the interpreter are the same as the ones in all federal courts, I think that the certification they need to have is the already existing FCICE. It would be very simple, all they need to do is convince the EOIR of this need. The exam already exists, all these interpreters would need to do is register and take the test. Then, if both, EOIR and the immigration interpreter community think it is appropriate, there could be a short immigration terminology exam (although I don’t think it necessary just like current certified court interpreters do not need to test every time they interpret a different kind of hearing. Part of an interpreter’s duty is to get ready for an assignment and that professional obligation should be enough). This would be the best way to demonstrate that their simultaneous, consecutive, and sight skills are at a minimum level to deserve that trust we discussed above. In fact, by getting EOIR to agree, immigration interpreters would have until the Summer of 2018 to take and pass the written portion of the federal exam, and then until the Summer of 2019 to take and pass the oral test. In the meantime, it could be agreed that those currently working would continue to do so until the Summer of 2018.
This solution would immediate put immigration court interpreters at the same negotiating level as their Article Three federal counterparts; In fact, it would benefit everyone: Currently federally certified Spanish court interpreters would consider working in immigration court as the pay would be the same (or almost), and newly federally certified immigration court interpreters would have the opportunity to broaden their professional horizons and work in federal courts.
Of course, this means that two things must happen: First, the certification exam cannot be a “Mickey Mouse test” like the ones offered to immigration court interpreters by multinational agency contractors; they have no scientific value and a very poor reputation. And second, immigration court interpreters need to understand that those who do not pass the exam must go, regardless of the time they have been a fixture at the immigration courthouse. Any other “solution” would defeat the purpose and discredit the credential. This, my friends, is the “other” enemy of the U.S. immigration interpreter: the bad interpreter who has never been able to pass a court certification exam, knows that they never will, and spend all their time and energy trying to convince others that certifications are worthless, exams are rigged, and that the only way to learn the profession in in the courtroom. These people have to go away. They are like a cancer that is slowing down the progress of the rest of their colleagues.
To argue “unity” to protect and keep these individuals is misleading. Professional unity can only happen among professionals, and the individuals I just described above may be paraprofessionals but they are definitely not professional material. Imagine for one moment going to the hospital for emergency surgery and being told that the person who will operate on you has never taken or passed the Board, but has a lot of experience. Would you let this non-doctor cut you open?
I understand it is very hard to set aside our emotions and empathy for these individuals, but it is time to think of yourselves, your families and your peers. Unless you want to continue to struggle as an immigration court interpreter, you have to get certified. A decision to dodge the certification issue, or to settle for a lower standard of certification, because someone who cannot pass the test convinced you to support other options, will be a vote for the status quo, sacrificing the good ones to protect those who do not deserve to be there.
September 20, 2016 § 17 Comments
We have been under constant and merciless attacks from the big multinational language “industry” corporations for several years. These uninvited guests at the professional language services table have stubbornly fought to take away the market from the professionals who should service the clients through systematically minimizing the role of the interpreter and translator, and dehumanizing the profession by launching a campaign to convince the weak and uninformed that what we do is an “industry”, not a profession.
In the past we have discussed the oddity of having pharmaceutical companies in the same professional associations with the physicians, and we have talked of the way attorneys defend their craft so it continues to be known as the legal profession, not the legal “industry”. Sadly, as you know, there are individual interpreters, translators, and even professional associations in our field that have decided to tear down that barrier erected by all professions to protect both: the end client of the professional service and the professional service provider, and have happily commingled professional interests and concerns with those of corporate entities whose sole objective is to cut costs, provide a borderline service, as long as it is legal and acceptable, and profit as much as possible. This translates into often deplorable working conditions for interpreters and translators and substandard, often insulting professional fees.
There is nothing wrong with commercial entities following this model. It is legal and that is what they were incorporated for. The problem arises when greedy professional associations, government bureaucrats, trainers, and individual interpreters and translators begin to campaign for this corporate interests completely disregarding the profession and those who provide quality services. It is very dangerous to have all of these members and peripheral members of the profession ceaselessly attempting to convince professional interpreters and translators, new and old, that the way of the future leads to a profession bastardized by an “industry” where professional interpreters and translators will have to take their marching orders from minimum-wage high school level coordinators and project managers whose only priority is to squeeze everything they can get from the interpreter and translator and pay a fee (that they cleverly refer to as “rate” to rhyme with the “industry” philosophy they practice and try to propagate) worthy of a hamburger flipper, not a professional service provider. For years they have used scare tactics and “there is no other choice” arguments to coerce many weaker colleagues to give in and drink the “industry’s” Kool Aid.
First they tried to shame and ridicule professional interpreters and translators by spreading unfounded and hateful rumors that the real reasons for our opposition to the crowning of these multinational language “industry” service providers were our ignorance of new technologies and our fear of globalization. Using their very deep pockets, they took this message to all corners of the earth and repeated these lies until many believed them as true.
We all know that professional interpreters and translators are not opposed to technology; it is common knowledge among our peers that we all welcome the opportunity to work and learn from other high-quality professional colleagues who live somewhere else in the world. The truth that these entities do not want the professional service user-beneficiary to know is that interpreters oppose the laughable fee (again, referred to as “rate” by them) system these outsiders to the profession propose, where they offer to pay by-the-minute of interpreting service over the phone or video outlet, lower interpreting fees for remotely interpreted conferences because the interpreter “does not need to travel” despite the fact that the service, preparation and effort are the same whether the interpreter is at the venue or twelve time zones away. They forget, or choose to ignore, that their savings are already impacted by modern technology when they save transportation, lodging, Per Diem, and travel day fees customarily paid to interpreters in case of travel. Those are the savings, not lowering the interpreter’s fee.
The same situation applies to translators who have welcomed new tools and best practices that enhance quality and reduce time and effort. The things that real professional translators will not accept, and the multinational language “industry” providers who propose no pay for repetitions, numbers, etc., while pretending to use the best of the best in the translation world as mere “post-editors” of the work that computer program algorithms and paraprofessional translators (who have been paid rock-bottom fees) did, so that the final product that the agency’s client sees is at least half decent. Professional translators know that this is not the way to provide a translation service; they know of the time and effort involved in rescuing a non-existent translation from a deformed text they were just handed by the so-called “project manager” (who have no idea of what they are asking the translator to do) is a professional practice that should never happen, but when it does, it should command an even higher fee than a translation from scratch. These translators are not afraid of technology and they are not against globalization; they oppose a job description that resembles more the work of a babysitter (of incompetent translators) than the professional service of a translator.
I know that I am not telling you anything new. We have all discussed these issues in this blog and elsewhere many times, and we have successfully defended our profession by educating the good clients and through pointing out the nefarious services and products that very often come out of these multinational language “industry” companies. Yes, there are good agencies. We all know who they are, and we shall continue to work with them on a professional relationship based on mutual respect and understanding, but unfortunately, most agencies act as described above.
The reason I decided to write this new entry was to send you all a warning; to give you the heads up: These multinational entities are back, and they have a new strategy.
You see, they are now trying to convince interpreters and translators that they have changed; that it was all a misunderstanding. That they never meant any harm to the individual interpreters and translators. They want you to believe that they appreciate you and cherish you, and they will come up with very creative schemes.
All you have to do is to look at their conference programs to immediately notice how they are designing strategies to make interpreters and translators happy; to make you feel appreciated and respected, so at the end of the day you give up and agree to work for them under despicable conditions. Look at the different conference programs and see how they are inviting as presenters of this new approach no others than their very own company executives, and interpreters/translators who have decided to abandon the defense of the profession and join the ranks of the “industry” in exchange for who knows what.
This is their new strategy, so we have to be alert. They must think that this time they will get us, but, dear colleagues, we are no Trojans. We will not welcome their “gift” disguised as a horse. These are dangerous times and the “industry” has deep pockets that they rather use to destroy the “profession” than to attract high-level professional interpreters and translators by paying professional fees. We cannot let our guard down. We are not “Little Red Riding Hood” but the big bad wolf is trying to get us.
I now invite you all to share your suggestions and experiences in dealing with these very serious problems; I only ask you not to post any comments defending the multinational language “industry” movement. This is a forum for professional interpreters and translators. There are plenty of places in cyberspace where those who want to praise the qualities of these folks can ingratiate themselves with the “industry”.
September 13, 2016 § 12 Comments
Lately, it seems to me that there are requests everywhere for interpreters to work for less and even for free. Whether it is the Olympic Games, the political campaign events in the United States, or the community organizers’ voter registration actions. Everybody seems to want a free ride. At first impression, it looks like these are worthy causes and we as interpreters should be on board; unfortunately, when you take a second look at the request, you start wondering what is really going on. You see, Olympic Games’ organizers ask us to provide our professional services for free, they tell us it is a righteous idea, it will help to bring people together, and it will contribute to world peace. Then you realize that the physicians, paramedics, attorneys, dietitians, and many other professionals involved with the Olympic movement are not doing their jobs for free, they are getting paid for their professional services. The same thing happens when you notice that the person asking you to volunteer your interpreting services to a political campaign or to a community organization’s event are paid staffers who do nothing for free. Something is not quite right.
Principled causes and ideas are great and we celebrate their existence, but professional services should always be remunerated, regardless of the virtuous cause they help advance. Otherwise, professionals should only get paid for awful, despicable activities. Under this criteria, healthcare workers should always work for free.
This reminds me of an occasion, many years ago, when a judge asked me to interpret a restraining order application form for free. When I refused stating that I would not do it unless I was paid for the professional service, the judge told me that it would be my fault if I refused and the victim was later harmed by the alleged perpetrator she was seeking protection from. He said that I was greedy.
Despite the fact that this judge was backed by an ignorant selfish interpreter coordinator at that courthouse, I immediately responded that my services were professional, just like the judge’s. I then asked him what kind of moral authority he had to scold me for not working for free while at the same time he was making a pretty fat check for presiding over the hearing. I did not interpret and I never knew what was of that alleged victim that a judge refused to help, because it was up to him to lend her a hand by just approving the payment of my professional interpreting services of the restraining order application. You see, it is easy to be a Good Samaritan when it is on other people’s dime, it is more difficult when it affects you directly.
It is easy to ask for volunteer work when you are getting paid for asking others. I have nothing against volunteer, charitable work, but it has to be on my terms. I am a professional just like the physician, or the judge of my story, I run my own practice and I have to generate an income to cover expenses and to live the way I want to live; in my particular case, I work hard and provide an excellent professional service to be able to live my lifestyle.
As professionals, we must never lower a fee to give someone a break because they are poor, needy, or just need a break to get back on their feet. You see, the day you agree to reduce your fee to a client, regardless of the motivation behind your decision, will be the last time you were able to charge your regular fee. From that point on, because everything gets to everybody’s ears in this world, all clients will always ask why you are charging them a full fee when you charged a lower amount to another client. It is a dead end with no return. It is a terrible business decision. I think you are starting to see why a lawyer or a doctor ask you to lower your fee for their “needy client or patient” while at the same time they charge them their regular fee. When someone asks you to provide a professional service for free or at a reduced fee they are belittling the profession; they are automatically placing you in a separate category from the one where doctors, engineers and accountants are. To lower your fee is a disgrace.
People, clients included should know that they will always be able to find someone else willing to work for a lower fee, but you are not that person. Your services are of the highest quality and that goes hand in hand with a robust fee. On the other hand, because we should have a spirit of social empathy and solidarity, we must provide certain services pro bono.
Please pay close attention to what I am about to say: As a professional, I am who decides when to volunteer my services, I decide the causes that are worthy of my time and effort. Professional interpreters should set aside a time for these free services, buy it should be at a time and place you decide; that way you can set the time aside when it does not interfere with your professional practice or your personal life. You should designate, let’s say, the first Saturday of the month from 8 in the morning to 2 in the afternoon to assist anyone who needs your services for free, and you should do it at a church, community center, or similar venue. During that time, chosen by you, you will interpret legal, healthcare, school or any other community situations that those attending the facility during the previously set hours many need. Once the time is up, and at any other time, you will only see full-fee paying clients. This is very different from living at the mercy of others who may want you to provide free or discounted professional services at times when you should be taking care of your professional obligations towards your paying clients. This will immediately put you on the driver’s seat and will make it clear to everyone that you charge for your services, and sometimes, when the cause is righteous, and on your terms, you provide services free of charge. By doing so, you are not lowering the professional standards, you are not harming your own practice, and you are not insulting the profession.
Next time that you are asked to lower your fees or to work for free because the client deserves a break, stand firm on your regular fees, and if you decide that you want to provide a service for free, not discounted, then let that person know the terms of your pro bono services. I ask you to please share your thoughts on this very delicate issue that is vital to us as individuals trying to make a living, and to the profession at large.
August 30, 2016 § 3 Comments
A few weeks ago I was invited to participate in the first legal interpreting workshop for Mexican Sign Language interpreters in Mexico City. It was a three-day event attended by sign language interpreters from all corners of Mexico. With the arrival of the new oral trial proceedings to their country, now Mexican interpreters will play an essential role in the administration of justice. Until recently, the country followed a written proceedings system where interpreters were rarely needed, but now, with a system similar to the one in the United States, interpreters will participate at all stages of a court proceeding; moreover, because Mexico kept their traditional substantive law system, based on Roman, French, and Spanish Law, interpreters will also be needed in all proceedings before a Notary Public where a party does not speak Spanish.
Certainly, Mexico is not the first or the only country switching to this more agile and transparent legal system, but what I saw during the workshop showed me a different, and probably better way to incorporate interpreting into the legal system, and provide a professional service by good, quality interpreters. What Mexican Sign Language interpreters are doing should be adopted as an example by many other interpreter organizations everywhere. Sign language, foreign language, and indigenous language interpreter programs could benefit from a strategy like the one they are now implementing in Mexico.
Like many countries, including the United States, Mexico is facing problems familiar to all judicial systems: shortage of quality interpreters, ignorance by judges and administrators, lack of a professionalization system that eventually will only allow interpreters with a college degree. Unlike most countries, and even foreign language and indigenous language interpreters in Mexico, sign language interpreters are trying to achieve all of those goals by partnering with the courts and academia.
The workshop was the brainchild of a judge from Mexico City’s Electoral Court who identified the need to provide deaf citizens a way to exercise their political rights. The judge devoted her experience, reputation, time, and connections to the project, and after some effort, the Mexico City Electoral Court, Mexico’s Supreme Court, the Mexican National University (UNAM) and some district judges came on board, together with the sign language interpreter associations.
The workshop was held at three different venues in order to get all interested parties involved, and to send a message to Mexican society that the effort was real. On the first day, at the Mexico City Electoral Court, interpreters learned about the Mexican legal system and its recent changes. On the second day, interpreters attended an all-day session at the postgraduate degree school of the Mexican National University (UNAM) where more practical presentations dealing with interpreter problems and participation in a court hearing were discussed. It was refreshing to see how interpreters were able to convey their concerns to some of the highest authorities within the Mexican court system, accomplishing two things: that their voice be heard, and that judges be aware of how little they know and understand of the interpreters’ role in court. During the second day of the workshop, a program to develop a curriculum for Mexican Sign Language interpreters to get formal education and obtain a diploma after a year of studies sponsored by the Mexican National University (UNAM) and perhaps Madrid’s Complutense University (Universidad Complutense de Madrid) got its kickoff. The idea is that eventually, this program will allow sign language interpreters to learn the law, court procedure, and court interpreting by attending a combination of virtual and classroom sessions for one year, so that at the end of the year they be ready to take a certification exam that will first test their bilingualism, so that only those who have demonstrated proficiency in both languages move on to the interpreting portion of the exam. Once an interpreter passes the exam, their name will be added to the list of certified court interpreters they judiciary will have and use to determine who is fit to practice in court. Eventually, the goal is to develop a degree in Mexican Sign Language Interpreting so that all interpreters working the courts have a college degree.
Finally, the third day of the workshop was held at the building of Mexico’s Supreme Court, where one of the Justices addressed the attendees who spent the time learning about the professional and business aspects of the profession. The day ended with a mock court trial where interpreters participated with the help of law students and professors.
I still believe on addressing the private bar directly bypassing court administrators, but in my opinion, the example set by Mexico’s sign language interpreters is a lesson that should be applied elsewhere. Having justices and judges of the highest level, together with college deans and professional interpreter associations generate a plan of realistic action that goes beyond the demagoguery so often practiced by government officials who never had the desire to help in the first place, would change the “balance of power” that court interpreters are suffering in many places, including many states in the U.S. where ignorant administrators pretend to run a court interpreter program with their eyes set on the budget and their backs to court interpreter needs and the administration of justice. Having the highest authorities within the judiciary to listen, understand, and support interpreter initiatives (that are nothing but efforts to comply with a constitutional mandate) would go a long way, and having the most prestigious universities in the land to volunteer to sponsor a court interpreter education program with an eye on eventually turning it into a college degree, would solve many problems we see today in all languages. The Mexican approach encourages the interpreter to professionalize by fostering the direct client relationship between courthouse and interpreter, eliminating once and for all the unscrupulous intermediary that charges for the service, keeps most of the money, pays interpreters rock-bottom fees, and provides appalling interpreting services.
I invite all of you, my colleagues, regardless of where you practice: The United States, Canada, Europe, Mexico and elsewhere, and regardless of your type of interpreting: sign languages, foreign languages, or indigenous languages, even those Mexican interpreters who practice as foreign or indigenous language court interpreters, to consider this Mexican strategy. I believe that it has a better chance to work than those other tactics interpreters have attempted to follow for such a long time.
I now ask you to opine on this very innovative strategy adopted by our colleagues in Mexico with the full support of their authorities and academia.
August 23, 2016 § 8 Comments
It is not common that I write a blog entry hoping to be wrong, but on this occasion I hope I am mistaken. Let me explain:
2015 was a very difficult year for our immigration court interpreters in the United States. After decades of working with the same agency, the Executive Office for Immigration Review (EOIR) granted their court interpreting services contract to a new contractor that is better known for their multi-million dollar contracts with the United States Department of Defense than for their interpreting services. This new contractor: SOSi, won the licitation process by bidding lower than anybody else, and to keep the operation profitable for their stakeholders, they attempted to hire inexperienced interpreters and pay them extremely low fees under unimaginable work conditions.
The interpreters rallied against the newcomer’s offer, united like never before, and took to the social media, traditional media, and professional associations for support. The movement became quite strong and as a result of these actions by our immigration court colleagues and their allies, SOSi was left with no choice but to offer contracts to many of the more experienced interpreters under work conditions similar to the ones they were used to with the former contractor, and in many cases with the interpreters getting better fees than before. SOSi agreed to these terms and addressed some of the main concerns that the EOIR had about the way they were to offer interpreting services nationwide by hiring some of the support staff that had previously worked for the previous contractor: LionBridge.
At the time, it looked like SOSi got it and decided to do things the right way; unfortunately, their temporary contract with the United States Department of Justice was about to expire and they had to move quickly to turn that provisional contract into a permanent contractual obligation. To achieve their goals, once that interpreters, immigration judges, and public opinion subsided, they decided to go after the interpreters once again.
During the last few days, many immigration interpreters received an email from SOSi notifying them the following changes to their policy:
“…In the coming weeks, we plan to release a competitive Request for Quote (RFQ) to anyone who is interested in continuing to work on the program…”
In other words, in a few weeks, interpreters will have to bid for work at the EOIR, and assignments will go to the lowed bid. Is SOSi going to pay its interpreters the same rock-bottom fees they had in mind a year ago when their master plan was derailed in part by their ineptitude, but mainly because the quality interpreters refused to work for such insulting fees.
I hope I am wrong, but as I continue to read SOSi’s communication, I detect a Machiavellian cleverness I did not see last year. Let’s read another segment of the same email:
“…In the meantime, we are issuing extensions to current Independent Contractor Agreements (ICAs) at the current rates. You will have seven days to review and execute those extensions in order to be eligible to continue working on the program past August 31, 2016….”
The way I read the paragraph, and I hope I am wrong, I get the impression that SOSi is taking away from the interpreters the argument of “contracts with rock-bottom fees” by offering its current contractors a new contract under the same professional fees (incorrectly called “rates”). By doing this, the Defense Contractor turned interpreting service provider, if questioned by EOIR, can defend itself arguing that their individual interpreter contracts contain the same terms as the prior contract, and that the interpreters who work for a lower fee than the one in their contract, do so by voluntarily participating in the “competitive request” process in order to get more work. Of course, we can assume (from the contractor’s own words) that there will be very few assignments for those interpreters who do not participate in the bidding process. They will probably work only when nobody else is available.
Finally, SOSi’s communication states that “…The goal of the changes is to provide the best, most cost-effective service to the DOJ…”
Of course they have to watch these costs; that is an essential part of their contract with the government. The problem is that they also need to make a profit, and the more the better. The question is: How can you increase your profit when your client (EOIR) will not pay you more? To me, the answer seems clear: They will pay less to the service provider (the interpreter).
I could be wrong, but I do not believe that SOSi will pass on to the EOIR the “savings” from low-bidding interpreters on a case-by-case basis. Record keeping and reporting of these individual cases would be more expensive than simply paying the contractually agreed fees. From the email, I understand that SOSi will get the same paycheck from the government, but their profit will go up from the money they will save by paying the interpreter a miserable fee. The United States federal budget for 2017 shows an increase on the appropriations that go to the EOIR from 420 million dollars to 428.2 million. There were no cuts, and in my opinion, even knowing that most of the EOIR budget goes to many other priorities, it is very hard to understand why SOSi would want interpreters to provide the same services for less money. (https://www.justice.gov/jmd/file/821961/download)
Dear friends and colleagues, I sincerely hope that my appreciations are all wrong and SOSi will honor the contracts, discard the “lower-bid” system that they seem to spouse, and things continue to improve for our immigration court colleagues; but in the event that I may be totally, or even partly right, I believe our colleagues will be better served by sounding the alarm and being in a state of alert and ready to act once again. There are just too many loose ends that require not just an explanation, but a public general commitment by SOSi not to go back to last year’s unsuccessful attempt to pay less for professional interpreting services. I now ask you to please share your thoughts on this issue, and if you have solid evidence (not wishful thinking) to prove my conclusions wrong, please share them with the rest of us.
December 15, 2015 § 4 Comments
We all know that the client’s best ticket to a high quality professional interpreting service is a good fee, but it is not necessarily the only factor a top level interpreter weighs in when deciding to accept or reject an assignment. There are times when other considerations are more, or at least as important as the fee: an interesting subject matter, a well-known speaker, a prestigious conference, a long-term relationship with a client, and even a favor to a colleague, are all factors that can tip the balance in favor of accepting an offer that pays fine but below our usual fee (of course, because of the permanent damage it causes to our career, working for peanuts is always out of the question regardless of the event, speaker, colleague, or anything else). We have all provided our services at a lower fee to government agencies or private companies when we see that volume will compensate for the lesser pay; and invariably, once we accept an assignment, we provide the best possible service regardless of the conditions we agreed to with our client.
The truth is that we would take more of these jobs if we had fun performing our services. Dear friends and colleagues, I just gave potential clients the key to top-level interpreting services that they usually cannot afford due to their lack of funds: Call us with interesting or prestigious assignments and we will take them for a little less than our usual fee, as long as we enjoy the job.
Of course enjoying the job can be understood in many ways, we all have different tastes and interests, but the common denominator to all “happy assignments” is respect. If the direct client, event organizer, government entity, or agency treats us as professionals we will likely do the job, and perhaps repeat in the future. Moreover, even good paying clients should take note of this circumstance because a high fee can lose to lack of respect as well, in other words, even a client that pays good and pays on time can lose the good interpreter when there is no respect.
I know that there are many ways to show respect for the interpreter, and no doubt each one of you has a set of rules and principles that are a must for you to feel comfortable during an assignment. I hope you convey that to your client so they can keep you. I also know that many of us share some of the same basic ideas, and for that reason, I am going to share with you the things that I consider demeaning to the interpreter, and therefore will keep me from taking a job or will motivate me to drop a client as soon as I have a good replacement. Here we go:
- When the client treats you like a laborer, not a professional. There are few things I hate more in life than an ignorant bureaucrat or agency employee who retains you because of your credentials, skill, experience, and reputation, and after you reached an agreement, he sends you an email “instructing you” to arrive thirty minutes before the assignment, to call them “immediately” after the interpretation ends so they see how long you really worked, or a bureaucrat (often a former interpreter) who makes you go to their office for them to physically see you before you immediately leave their office to go to the place where you are going to work. To me this is insulting and inexcusable. How do they think you built a reputation? Because we are not construction workers (although I have nothing but respect for those who do such a physically demanding job) but professional service providers, I will not accept assignments from these individuals, and if the circumstances compel me to do it, be assured that I am only complying with these absurd rules while I find a replacement for that disrespectful client. I understand that some clients ask for such non-sense out of ignorance, in that case I try to educate them, and if successful, I continue to have a professional relationship with them, but if they do not change their policy… there are other decent clients out there in the world.
- When the client asks you not to talk to the end-client, or event organizer at the venue, or “forbids you” to have tea or coffee from the conference refreshments offered to the participants during the breaks. Once again, there are not too many things more insulting to a professional than “forbidding you” anything, concretely, to have a civil attitude towards the end-client because the agency thinks that, the crook you are, you will steal the client from them, or even worse: you may learn how much they are charging the end-client and wonder why they cried poverty and paid you so little. My friends, a true professional does not go around stealing clients from the agency! Show us some respect and let us be courteous with your clients and interact with them so we can get whatever necessary to make the event successful, because in case you do not know it, that will make you look good as an agency. As far as the “no-coffee, no-tea, no-pastries” rule, it only happened to me once years ago and I just ignored it and defied it. When the agency owner approached me and asked me why I was having coffee from the conference room, I simply answered: “because it is for the conference participants, and I am one of them. Do you have a problem with that?” I had all the coffee I wanted and never worked for those folks again nor referred anybody to their obtuse-minded business
- I avoid those clients who do not provide the basics for the interpreting job such as study materials, presentations, background information, speeches, or even water in the booth. It says a lot about an agency or a government officer when they tell you that no materials will be provided because “they are confidential” or because their client “does not like to share the presentation”. I wonder if they think that we work for some Chinese pirate and we are going to risk going to jail and losing our careers so that we can see a power point on a subject matter we couldn’t care less about. This tells me that the entity trying to retain me has no idea about our job, and when their answer to my request is “we have used other interpreters before and they never asked for any of that”, then I definitely know that it is time to turn down the job offer and move on to more useful things like perhaps watch the grass grow. The same can be said for those bureaucrats in courthouses all over the country who refuse to share the file with the interpreter because it is confidential. Who do they think they are hiring to interpret? Certainly not a professional. Their ignorance keeps them from thinking that the court interpreter is a professional trained to tell privileged and confidential information from public record, and to know what to do with it. Now, it is even worse when a former court interpreter is the one denying the information, because you know they are doing it out of convenience and fear to rub anybody the wrong way in the courthouse. In other words, they couldn’t care less about the interpretation, all the care about is to keep their job.
- To me, it is a tremendous sign of disrespect to ask the interpreter to do the agency’s job. All those entities who impose duties on the interpreter different from interpreting, such as endless paperwork, statistics, and so forth, without explaining these “extra chores” when offering the job, and demanding performance without paying for the interpreter’s time (because they only pay you for the time you interpreted, not the time you spend doing their paperwork) do not treat us like professionals, and since I do not have the vocation of a clerk’s assistant, or a Girl-Friday, I refuse the assignment, and if ambushed and cornered a posteriori with this free-work, I will never work for that entity again nor I will refer anyone to them.
- I believe that it is insulting that a client do not pay for travel time and travel expenses when the assignment is somewhere else. The interpreter is a professional, and unless the negotiated fee is high enough for the interpreter to include travel expenses as part of it, the client should absorb travel expenses as part of doing business. I have no room in my client file cabinet for agencies or government entities who refuse to pay for transportation (air, train, highway tolls, gas, and parking), lodging, meals, internet, and other basic services. There is no room either for those who pay them at some ridiculously rock-bottom amounts. No bureaucrat or agency clerk will force me to take five airplanes to fly 200 miles, sleep on a bedbug infested bed, or eat at a fast food place so they can save some money.
- The list could go on and on, but I will end with something that makes my blood boil because it is insulting, disrespectful, and hurts the interpretation: Those speakers who preface everything they say with: “I don’t know if this will be translated correctly” or “I hope the translator can get at least some of what I am saying because it is very technical” or the variation of this last one: “…because I speak really fast…” Again, I do not know if they know what happens in the booth, obviously they don’t, but they need to realize that on top of insulting, this makes the speaker, and the event organizer, look bad because thanks to that unfortunate remark, they now have an auditorium full of people who are second-guessing the ability of the interpreters. This is so silly that I just leave it out of my rendition.
As you can see, these are all simple things that a smart agency, organization, or government office, could easily avoid, and as a result create a better environment where interpreters would be happy and even willing to work for a little less money than usual when the event, the topic, or the speaker were so attractive that the fee would become, within certain limits, secondary at the time of deciding whether to accept or turn down an interpreting assignment. I now ask you to share with the rest of us some of your demeaning examples that, when easily fixed or avoided, would make you take an interpreting job for a little less money.
October 21, 2015 § 6 Comments
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.
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.
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.
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.