Where to Start?
Pairing with a legal interpreter to ensure that a limited-English individual gets fair representation and is not misunderstood during proceedings can be a daunting prospect. If left in the hands of a legal firm, it can involve developing a personal vetting process, scheduling them out weeks in advance, and shifting your rhetorical style to make the interpretation process run smoothly. However, these barriers are very easy to overcome as long as you prepare for them. Here are some universal recommendations to help you or your firm ready-up for the process.
What does Your State Require?
When trying to fill a legal interpreter position, the first step should always be to check what the requirements are for the state you are working in. Just like lawyers, the certifications required to work as a legal interpreter vary from state to state, with several states having additional requirements depending on the language. For example, a legal interpreter wishing to practice in Michigan will have to get their Foreign Language Interpreter Certification. The ability to secure this certification requires passing a test which is only administered to the most common languages available, such as Spanish and French. Someone who speaks an uncommon language, such as Nepali, can still work with the courts, though these interpreters will have to demonstrate their ability through other means and will be judged on a case by case basis. This process is completely different if the interpreter is expected to interpret for a deaf client, as legal ASL interpreters are placed under a lot more scrutiny and are required to gain certification through Michigan’s leveled ASL interpretation system. All of this to say, some quick searching on your state’s requirements will save you from a lot of hiring headaches in the long run. It’s also recommended that you source your interpreter through a language service agency, as they will already know what certifications are needed and can pair you with an experienced legal interpreter matching your specifications and price point.
Stick to One Interpreter
Sometimes it is impossible to schedule the same interpreter for multiple appointments, especially if their service language is in high demand. However, we recommend that, if feasible, you should always use the same interpreter throughout a legal case. Our reason for this is simple: time. Every time you bring in a new interpreter into a legal case, you will have to spend time having them approved by all involved in the case. You will then have to help them get caught up on all the details surrounding the case. Then, in the courtroom, if the interpreter misunderstands some details being discussed, the case will have to be put on hold for a few moments to dispel their confusion. All of these moments, while small, add up, and can drag out even simple court cases into multi-day affairs. Working with the same interpreter consistently, on the other hand, gives them the opportunity to familiarize themselves with the case and build rapport with the clients, easing their nerves and quickening the entire process.
Working with an Interpreter
When implementing an interpreter into a court proceeding, keep certain expectations in mind.
- No Such Thing as Exact Interpretation: Every language is different and has its own vocabulary and quirks. It’s possible that certain legal terms and phrases don’t have a one-to-one translation in the target language, and the interpreter will have to put in some extra effort to convey your meaning.
- Be Clear: It will make the interpreter’s job much easier and cut down on time if you ensure your speech is as focused as possible. Try to avoid extended metaphors and roundabout language when possible. An easy trap is using too many abbreviations, as an interpreter might have to pause proceedings to clarify what the counsel meant.
- The Interpreter is Not a Lawyer: While a legal interpreter is experienced in working in a law environment, they are not a lawyer. Their job is only to directly interpret the words of all parties involved. It is outside of their certification and job description to explain legal concepts and give counsel on their own.
Always remember that the role of the legal interpreter is to be a servant and to transmit the message of all legal parties accurately and responsibly. Be sure you are working with someone prepared to handle the workload and is devoted to preserving someone’s legal right to good counsel, regardless of language barriers.
