court interpreter | Linguistic World Blog

You Made a Mistake, What Do You Do?

You need to act immediately to salvage your client relationship and your good name. I have made mistakes. And when I ran a T&I agency, I received complaints about subcontractors. In both cases, here is what I learned about resolving issues fairly.

Start by knowing the impact to your client. A mistranslation in an evidentiary document may make that evidence inadmissible. Delaying a deposition by arriving late costs both sides money and time. Interpretation errors change testimony and can alter the outcome of the case.

Be the first one to tell your agency scheduler or your direct client, if you think you have made a mistake. Be honest about the mistake. Avoid downplaying it or shifting the blame to anyone else. Offer to help resolve it. There is a possibility they will dismiss it as insignificant.

Neutralize your mistakes before they affect anyone else.

Translation errors. Don’t just offer, go ahead and send the corrected document with a notice of revision along with your apology for the mistake. Do not charge for the correction.

Interpretation errors. These are corrected at the time they are made. In a deposition the interpreter should correct their English target language errors on the record, speaking in the third person. “The interpreter respectfully requests to change the interpretation from X to Y.” If asked for the source term, say it and spell it. I’ve never had an objection to this request; lawyers are more understanding of the honest approach to mistakes.

Mistakes in Business Conduct. The most common are being late and invoicing errors. These are quickly forgiven and forgotten if you admit and apologize. If you cost the client time or money- discount your fee. Call if you think you are going to be late, and apologize if you are late. Tell the agency you arrived late before you invoice them.

If you think you can get away with a lie; you won’t. I’ve heard some doozies. A client called from a deposition saying the interpreter I had subcontracted hadn’t shown up. I confirmed the time and location with the client. I took a break from my job to call her but had to leave a message. The client called that she finally arrived (45 minutes late) and that she told them she had the wrong address. I discounted my fee to the client, apologized and he still hires me. Without returned my calls the interpreter invoiced me her full rate. When I finally reached her, she claimed a train crossing the freeway made her late. I checked her route and saw trains don’t cross that freeway. She was busted lying to both of us. I never hired her again, refused to recommend her and I heard similar reports abut her from other attorneys. Her lying is an indelible stain.

Act quickly, honestly and be humble about your error. Even with high standards, we all make mistakes in this field. Then move forward to an even more successful career.

You made a mistake. What Happens Now?

You know that uneasy feeling that you may have made a mistake in your interpreting or legal translation ? You aren’t sure if anyone caught your mistake since you haven’t received a complaint…yet. Maybe while you were interpreting in a deposition, an attorney objected and then asked to have a question and answer and your interpretation read back. Maybe it was an unfamiliar phrase repeated throughout a translation and every time you saw it, something bothered you about the term you were using. But you made the deadline and it is already in the hands of the client. In both cases, the more you think about it, the more you feel that you made a mistake. At this point, your conscious won’t leave you alone.

That sense is a good thing. It means you care about your work product.

When a mistake is discovered, here’s what’s probably going to happen on the client’s end.

If you were working for an agency, they will hear the complaint from their client. A professional agency should give you a chance to tell your side, so they will contact you and ask you about the job. Some will tell you exactly what the client complained about. If you work with the agency to help them rectify the problem, then you help them keep their client. If they keep that client, you have a better chance of staying on with the agency. If they have to resolve the problem without your help, you could easily lose them as a client. Often the agency will need to discount or not charge their fee to keep the client.

Fact: The agency can replace you with another freelancer much easier than they can replace a paying client.

Fact: Legal translation offered as evidence can be objected to in court if errors are found. The client they may send back the translation and ask for a correction. If you are at fault, don’t charge them.

Fact: Most interpreters don’t realize the repercussions to the client of misinterpreted testimony.

Fact: Many Court Interpreter Regulatory bodies have grievance protocols that can result in certification suspension or termination.

Interpreters may not hear complaints about mistakes they make at all. Lawyers are super busy and don’t like the task of questioning people about errors. But they do tell other lawyers about bad experiences with interpreters, which snowballs, and your reputation is shot. You will begin to notice that specific client doesn’t schedule you anymore. Then your overall work load drops off.

If your mistake affected their witness’s case, the firm has to act quickly and according to the rules of civil or criminal procedure. They may hire another interpreter to review the transcript and give an expert opinion on any errors. You won’t find out unless you are called to testify if a motion is made to throw out the transcript or statements in question.

Mistakes are made in your work or in your business performance too.

Being late and delaying a deposition costs both parties in time and money. Not making a deadline on a translation can set back the client’s production schedule. This is why clients react so strongly to mistakes we make.

Don’t spend time agonizing over a mistake. Instead take action to correct it and be honest and fair with the client.

When you work to resolve it, you will learn how to never make that mistake again.

Let’s go down Resolution Road together. Look for two more posts: what you can do to resolve a mistake and what to do when the client wrongly claims that you made a mistake.

Taking the Snide Witness in Stride

The Merriam Webster Dictionary defines snide as: slyly disparaging.

Canon 1 of The Texas Court Interpreters Code of Ethics and Professional Responsibility states in part that” The interpreter shall render a complete and accurate interpretation without altering, omitting or adding to what is stated and without explanation. The register style and tone of the source language should be conserved “

This is why when a witness is snide, the professional interpreter repeats the tone and the wording spoken despite the rudeness to the attorneys and the obstructions to a smooth deposition that attitude creates. It is really not fun for us either.

It is also important for the interpreter to prepare to not be affected in any way by the rudeness that ensues. Instead you can prepare for delays, duration and a hostile environment. This way you can avoid any associated discomfort, fatigue or impediments to your performance.

Here are scenarios from when I interpreted for and observed several snide witnesses.

The witness: The tone is sarcastic. The pace of the responsiveness is either dragging, with long pauses or fast paced with sharp and snapping responses. For a fast paced testimony, it is best to interpret simultaneously.

The questioning attorney: may take a contentious tone or a passive one, In the latter situation they wait patiently for responses to questions. Either of these approaches extend the deposition. Finally they may request/insist that the lawyer representing the witness intervene. If the witness’s attorney does not intervene the deposition may be cut short.

The attorney for the witness can either intervene by instructing the witness to respond or take a break and do so privately. Otherwise, the attorney for the witness can ignore the situation entirely. In said situation the questioning attorney may respond more aggressively than is usual in depositions. The attorney for the witness may object as badgering. In my latest experience, there were no objections and the questions became faster, more compound and demanding. The witness became even more aggressive.

All persons who are on the record:

Expect a lot of gestures such as eye rolling to exaggerated sighs, turning to co-counsel with expressions of shock/disbelief, head shaking and long deep stares with furrowed brows. Note: Interpreters do not convey or indicate gestures.
There can be raised voices, talk overs and cursing.
There can be reactionary behavior like pounding on the table, exhibits slapped on the table, exhibits tossed or pulled away.

When a witness replies refusing to state the requested information, the questioning attorney may remind them of the obligation they have to provide information in depositions. If the witness continues to refuse, the questioning lawyer may call the Judge to intervene and instruct the witness. The interpreter needs to stay until the deposition is officially ended on the record. Even then, the issue may not be resolved.

If you were contracted by an agency, you should notify them afterwards of the incident to keep them apprised. Do not comment in any way that can be considered your opinion on the situation. Do not show any displeasure or frustration to the attorneys.

Know that attorneys are trained for these situations. The best attorneys I know take it in stride. I suggest you perform like the best attorneys and continue to enjoy your work.

Skip These Seven Hassles for a Serenely Successful 2017

Skip the stressful “offer “ of insulting rates and oppressive terms .

Introduce yourself with you rates and terms backed up with your certification and training. If being offered an assignment , ask for acknowledgement and acceptance in writing of your rates and terms Add a dose of manners by offering to answer any questions they may have.

Stress Buster : Develop a couple of templates of polite responses for when unacceptably low rates are offered. Save them in your drafts and you will avoid the irritation felt when writing a new one every time.

2 Skip the embarrassment of being taken advantage of.

Research the market and match your experience and qualifications for equal ranking of pay.

Skip the stress of hearing that the prospective client that wants you won’t pay what you’re worth.

Look up their website and see how they promote themselves to the market If they claim to have the lowest rates then how do you think they make a profit.

Inquire from colleagues on professional forums, on both Linked In and Face Book , what kind of an experience anyone has had with said a client. Share your experience in return.

Skip the stress of a job with terminology and procedures that stump you.

Don’t accept an assignment you have never done before until you have observed the interpreted proceeding in person or reviewed a few source and target translations of the same subject matter. Do this until you are comfortable that you can perform quality work.

Skip the stress of hassles caused by a client uneducated in your work.

Look for the red flags waving: when translator and interpreter is used interchangeably, when your availability is asked without identification of the proceeding, whenever a translation has no word count or deadline… And my favorite when you are asked to be at a location over 100 miles away in a half an hour. Decide the value of your time required in “babysitting” this kind of client.

Skip the embarrassment of being labeled as unqualified and unprofessional.

Research the market and match your experience and qualifications for equal ranking of pay.

Skip the stress of payment disputes.

Send your rates and terms ( learn what these are) in writing and ask for acknowledgement and acceptance in writing. Add a dose of manners by offering to answer any questions they may have.

Inquire from colleagues on professional forums, on both Linked In and Face Book , what kind of an experience anyone has had with said a client. Share your experience in return.

Assess the client agency by their reputation among their employees and contractors. Listen and weigh both the accolades and the complaints. Complaints reflect poor management and instability and that leads to non-payment of freelancer’s invoices .

Questions that Sink and Questions that Float

Your question is hanging in midair and the witness, in the sworn proceeding is looking at you, gape mouthed. Was the question clear? Or maybe the witness is deciding what part of it to answer. You could be facing a cycle of delays and frustration. This occurs whether the proceeding is interpreted or not. But it does seem that as the interpreter, I can see the disconnect happen before the questioning attorney catches on.

The fault lies in the broad wording of the question that allows for a flexibility in responsiveness. Add a nervous, reluctant, or even impatient witness and you have Q&A chaos. I’ve even got a name for it: the “Who’s On First” scenario after the famous Abbott and Costello comedy sketch.

It’s no fun for any of us to go down that bumpy road. Sometimes the lawyers get irritated at each other as the objection, “Non Responsive” triggers the objection: “Asked and Answered” over and over. Other times I’ve seen the questioning attorney instruct that the question be certified because the opposing counsel will refuse to allow the question to be repeated after several attempts. Fact witnesses and Pro Se witnesses, who are unfamiliar with the questioning process, can quickly stymie whatever progress has been made when the “Who’s On First” routine starts up.

In such cases that there is an interpreter, professional interpreters know to simply be patient, show no reaction and continue interpreting accurately and completely. These situations are not a challenge to an interpreter.

In 1999, Claims Magazine, the national publication of the Insurance industry, published my article titled, What do You Mean by That? Specific Terms in a Q&A Produce Direct Responses. You can find the article on my website here http://www.linguisticworld.com/books_and_articles.html. At the date of this blog post it is a full 17 years later and I still see many of these examples of questions that sink.

The most common culprit is the compound question. This is a question that contains two or more questions being asked. Often it offers alternative responses much like a multiple choice question. This kind of question is standard for casual conversation but in a Q&A setting, where the person is under oath, a single yes or no to such a question encompasses more factors. Another form is when the subject action is maintained but extra dates, times and persons are added to the single event.

Unfortunately, even a seemingly simple question can be compound. The Yes or No to “Do you know if the light was red for the other driver?” could be responsive to the light being red or not, or it could be responsive to the witness knowing or not. Several clients of mine offer a follow up question to that one with a “No, you don’t know or no, the light wasn’t red?” And surprisingly, the response is the complete answer that contains the question.

The solution is to break down the question as soon as you see the witness is not able to transition to compound questions smoothly. Limit high register legalese terminology that will trigger confusion. The result will be more concise responses and a well-connected communication.

How Distance Protects You : The Witness Outburst

Legal interpreters are taught to keep an emotional distance with the witness to guarantee the witness complete access to the judicial process, as if they spoke fluent English. It also benefits the interpreter to have a sole focus on the linguistic components of the statement while monitoring the content. Certified interpreters are bound by our Code of Professional Responsibility to not show any emotion or bias in reaction to the statements we are interpreting. In order to do this we have to remain oblivious to the base problem between the parties.

Sometimes maintaining distance can protect us too. By virtue of being a party to a lawsuit, some witnesses are facing a very difficult phase of their lives. No matter if they are the plaintiff or the defendant. The setting exposes the interpreter to a witness whose perception of the difficulty can range anywhere from an inconvenience to a life changing crisis.

For example, in a civil matter where a business agreement was not honored, the party will suffer compromise of the investment of time and money. A personal injury affects one party’s physical and emotional life yet may affect the financial life of the other. Family law and criminal cases easily display a strain on either party and often it is on both parties.

The interpreter can’t predict aggressive questioning or know how a witness will react to a probing Q&A process. Establishing the distance at the start of the proceeding is a good safeguard. In my introductory spiel I include that I have nothing to do with the case and that my work is regulated by state law. Not making eye contact reinforces the distance. Most outbursts in a courtroom are quickly diffused by the Judge. But that is not the case in other discovery proceedings.

I’ve had a 6’7 Stevedore pick me up by my shoulders and yell in my face, angry at the pointed question I very accurately interpreted. I’ve had several witnesses dissolve into tears in my lap when reminded of the loss of a loved one. I’ve seen witnesses curse and yell at everyone in the room. I’ve seen a witness knock over the videographer’s camera. One angry witness hit the court reporter’s steno machine to stop writing what he said. The most memorable was a divorce mediation and the wife announced she was a witch, whereupon she went around the table putting a curse on everyone. When she got around to me, I reminded her I would have to interpret the curse and it would fall back on her. I was spared.

Interpreters need to understand the lawyer’s obligations to their client. Lawyers are trained to evaluate their client’s personality so they can best represent them. Lawyers can assess their client’s responsiveness patterns during deposition and trial preparation. But we interpreters need to be prepared for outbursts from the start of our career. We also need to be comfortable knowing that in such an eruption that we can and should reference the event as an impediment to our performance. We can ask for a break. And we can address the issue with the attorney. We can protect ourselves and our good work.

Interpreting in the Middle of A Missile Attack

A missile attack is disorder, loud disruption and chaos. Depositions and even court trials can take on that air before being brought under control. For the interpreter and the court reporter it is very difficult to perform our work under those conditions. And mistakes are understandable. For the interpreter, these are impediments to your performance that you cannot overcome. But you can do damage control as soon as the disruption begins.

Certified (“Licensed” in Texas) court interpreters are bound to a Code of Professional Responsibility that includes an instruction to report any impediments to our performance.

(i) CANON 7: ASSESSING AND REPORTING IMPEDIMENTS TO PERFORMANCE. Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the judge.

I have been interrupted while interpreting by jackhammers breaking up a parking lot next door, that was so loud I could not hear the witness. Also I’ve experienced the witness yelling at the attorney while the attorney continued asking the question and while the other attorney was yelling at his witness and the court reporter was yelling at all of them to stop talking over each other. I recall several more incidents when the witness has erupted over an aggressive question, behaving physically or starting a screaming rant. In those situations you could easily misinterpret so you have to retain control of your actions including possibly to stop interpreting.

Once everyone calms down the interpreter has to report , on the record, to the attorneys or to the judge the point in the testimony at which you were no longer able to interpret and specify the cause: the specific impediment. Then they decide how to rectify the miscommunication.

More often than not the witness goes silent and I find I am interpreting the attorneys argument and I indicate by gesture the respective attorney while they talk over each other. The court reporter is often the one who stops the disruption at a deposition, at trial it is the Judge.

Sometimes the location itself is a minefield of impediments. I’ve interpreted in industrial facilities with loud machinery operating around me. I’ve interpreted statements on the deck of container ships in the middle of the Houston Ship Channel. Colleagues report interpreting assignments where they are at the back of a City Council room filled with protesters.

Attorneys, investigators and insurance adjusters have to go where they can find the answers to the questions in order to best represent their client. If that means talking to a Limited English speaker at their workplace or wherever they can be found then that’s where you will go.

A professional interpreter understands this but also knows to assess the location for impediments at the moment of the assignment. Ask where it is specfically and look up the address. If it is a questionable location, express your concerns to the person you will be interpreting for and ask for a change of venue. Tell them that you will have to stop the proceeding if you are not able to interpret accurately. Then don’t be afraid to turn down the assignment.

Know the difference between milder forms of chaos that you can overcome and still perform your job according to your oath and impediments that will not allow you to interpret accurately.

And Now for the Musical Portion of my Closing Argument.

As court interpreters, we have to be ready for all kinds of terminology. Speaking styles too. A register that rises to the level of Shakespearean sonnets , or drops to a Mafioso style threat. We have to render it duplicating the tone, style and meaning. So, we study and prepare. I enjoy sitting in on trials and study how the lawyers speak especially during opening and closing.

But none of that prepared me for the lawyer who sang during his closing argument.

I was interpreting the trial for the defendant. It was a car accident and my client was the insurance company. It was all so standard that I don’t remember the details or most of the testimony. The opposing counsel was well prepared and consistently …normal sounding during litigation. Nothing stood out during voir dire or cross or even the deliberations over the charge to the jury. A bit of drama during that would have tipped me off.

I wasn’t even distracted by the Plaintiff’s father who wore in a full Marine dress uniform throughout the trial. He sat behind his daughter, a high school senior.

I was interpreting the full trial for the defendant, a middle aged man from Honduras. He was calm, polite and…normal.

I remember being aware that since we were at closing arguments, all that was left, time wise, was jury deliberations and then I’d be released. Frankly I was probably thinking about dinner plans.

For closing, both lawyers restated the high points of the case that reflected well on their client. And the lawyer for the plaintiff, as usual, proceeded to follow the defense with a second closing. In this one he reminded the jury of the testimony presented showing how his client was very close to her father and that her father had been very worried about her ever since this accident. And that her father was an honorable member of the military.

The lawyer stopped right in front of the jury, looked right into their eyes and asked them,

“Who today isn’t aware of the contributions of the military to our country? It just makes me think of the song, Some Gave All by Billie Ray Cyrus ”

Then in a pretty nice baritone voice he sang these words:

“All gave some and some gave all / And some stood through for the red, white and blue / And some had to fall / And if you ever think of me / Think of all your liberties / And recall, some gave all.”

He caught me off guard for a second. I may have shown surprise on my face. But I got right to work interpreting ….not singing…. the lyrics. I avoided eye contact with the defendant and I focused on the wood grain of the table while interpreting simultaneously. But out of the corner of my eye I caught my client’s jaw drop. There was no reaction from the Judge and the jury didn’t applaud.

I have been surprised by literary testimony that included poetry and recitations from religious texts. I guess I can add interpretation of live singing to my own repertoire, so to speak.

I’m just glad he didn’t choose Achy Breaky Heart.

Keeping Up With the Warp Speed Witness

Listening to anyone speaking fast in a sworn proceeding is more of an event of animated questioning for most participants at the trial or deposition.

Unless you are the interpreter or the court reporter.

Court interpreters are sworn to transmit the question and the response word for word, accurately and completely. So we develop listening, note taking and responsiveness analysis skills. Here are a few tips on identifying and rendering the complete and identical sounding statement of the warp speed speaker in compliance with your oath.

The attorney and the witness have a higher probability to speak super quickly during a Q&A process. In trial, Judges pick up speed while reading out loud the written instructions or the charge to the jury. Almost everyone speaks faster than normal when reading written evidence into the record.

TIP: Ask for a copy of the document to sight translate simultaneously, in trial if there is no screen displaying the document or during a deposition .

The attorney will respond quickly to evidence mentioned by a witness that is uniquely positive or negative impact on their case. If positive, they will want the witness to stay on that topic so they will quickly add related questions. If negative, they will want the witness to go no further on that topic and they will change the topic altogether. In both situations they will accentuate the words in tone and volume that pertain to their chosen emphasized topic.

TIP: In your taking, jot down the accentuated words, since they will possibly be repeated by the questioning attorney for whom that is a valuable topic. And if one side wants the subject matter changed, the opposing counsel may zero in on that subject during cross.

Witnesses launch into hurried responses when triggered by something they feel strongly about. Their attorney may want that emotion displayed for the jury or on the deposition record, so we interpreters need to perfect our skills as much as possible before resorting to asking for intervention from the judge (or the questioning attorney (deposition).

Some triggers are obvious in the pointed, aggressive wording of the question, others are unknown to the interpreter.

TIP: We ignore the impact of the question or the response and focus on the content.

An animated emotional response has peaks of loudness, words that are run together, repeated points and sometimes stammering if the witness is flustered. We are supposed to render the same tone and style of the speaker in our interpretation.

TIP: Take notes while the witness responds to allow the witness to respond completely without interruption. Speed up your note taking with symbols and abbreviations.

TIP: Circle the loud words or phrases. ( I reserve underlining for topics frequently repeated in a question.)

TIP: Separate the words that were run together when spoken or you won’t be able to read your own notes. But encapsulate from end to end them with an underlining arrow or brackets to remind you to render them in a run together fashion.

TIP: Number the repeated points and the words that are stammered so that you repeat them just as many times as they were originally spoken. For example He turned left⁴

Have an evacuation plan. Know your limits by shadowing with a recorded lecture or television audio. Be prepared to notify the Judge, on the record and in the third person, that the witness is speaking too fast and is impeding your ability to render an accurate interpretation. Normally the Judge will advise the witness to slow down. Frankly, this instruction rarely sticks. If necessary, tell the Judge that you respectfully request that the witness be asked to break up their response into 3 or four sentences at a time.

TIP : Remember if you or the attorney interrupts the witness, that you have to interpret every word spoken for the record, even if it is an incomplete sentence.

I Tip My Hat To: helping freelance interpreters get paid.

I Tip My Hat To…

The Association of Independent Judicial Interpreters of California (AIJIC) http://aijic.org/

For their dedicated support helping a freelance interpreter collect the pay she earned and was duly owed.

This was posted originally on a private Facebook page for certified interpreters. I was so impressed with the news that I asked for and was granted permission to reprint it by the poster.

As an AIJIC board member, I thought this was a Small Claims story worth sharing. It all started with a $200 unpaid invoice owed to one of our members by an agency with a very bad reputation.

Early this year, AIJIC sent a demand letter to the owner of the agency on behalf of our colleague with a deadline to pay. The agency owner (whom I’ll call Ms. Deadbeat) ignored the demand letter, after which AIJIC assisted our member with suing in Small Claims.

In her claim, our member demanded the original amount owed plus an additional half day of lost work due to the appearance in court. Since Ms. Deadbeat didn’t appear in court for the trial date, a default judgment was entered in favor of our member. She was awarded $470, which included court and process server costs.

After waiting the mandatory 30 days to see if Ms. Deadbeat would appeal the ruling (she didn’t) the next step was to collect the judgment. California law allows creditors with a court judgment to place a levy on the debtor’s bank account through the Sheriff’s office, which is what we assisted our member with. After months of wait, she finally received a check for the amount she was owed, plus the sheriff’s fee for the bank levy for a total of $516.86.

Although there are no guaranteed results when a person goes to court, it often pays off if you’re willing to persist. Letting delinquent agencies repeatedly burn interpreters with no consequences only encourages them to keep doing it.

It’s important to send a message that we’re professionals and that we expect to be treated as such.

This advocacy of the freelance interpreter by an organization is truly needed today and is to be commended. They are tackling the decades old disrespect shown by unprofessional members of our market to freelance interpreters who work so hard to perform professionally. I really wish we had such an organization in Texas. Here are just a few services they provide:

AIJIC Mission Statement

The Association of Independent Judicial Interpreters of California (AIJIC) is a nonprofit trade association started by a group of certified court interpreters who saw the need to take action in order to protect the legal interpreting profession in the private sector, which has been steadily deteriorating in recent years.

Educate the legal community and agencies about the current laws governing court interpreters, which require certified court interpreters to be used for civil, criminal or juvenile proceedings, including depositions for civil cases.
Encourage other interpreters to report use of non-certified interpreters hired for court proceedings and explore a way to take action by lobbying for the enforcement of Sections 68560.5 and 68561 of the Government Code.
Educate new interpreters about matters related to the profession.
Share information among ourselves about agencies.
Representing the interests of independent court interpreters before the Judicial Council of California and in Sacramento in order to have a voice in matters that directly affect our profession
Eventually exploring the possibility of establishing a licensing procedure as an essential step towards self-regulation for court interpreters.
Helping our members with collection issues.

Join me in commending their work. Contact the AIJIC and tip your hat to them.