a. Speak directly to the client. Say "I'm your attorney" instead of "Tell him I'm his attorney". Remember: it's not a conversation with the interpreter; it's a conversation with the client. b. Maintain eye contact with your client. If the client is focused on the interpreter, ask the
point. Explain legal terms in simple language. Ask one question at a time; if two questions are asked the first is often ignored. CHECK FOR UNDERSTANDING The attorney is always responsible for making sure that the client understands the information and questions. Do not ask the interpreter if the client understands, ask the client.
Jun 17, 2019 · If the interpreter adds commentary, for example if he says “he said he has four children but I think he means he has four grandchildren,” the attorney should interrupt the proceedings and ask the interpreter not to add opinions or corrections. It is the job of the attorney to make any clarifications to the record.
Sep 12, 2017 · You need to learn not to react to people, but, rather, to respond to the issues raised in discussions with others. Be reasonable. This involves taking positions that you feel others can relate to, understand, or agree with. Being reasonable also involves giving others the benefit of the doubt, when possible.
Interpreters should never interject their own words, phrases, or expressions. They should convey the emotional emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic gestures.Apr 5, 2022
don't fail to brief and de-brief with a telephone or video interpreter whenever possible. don't assume the interpreter knows the patient or family; do ask. don't assume the interpreter and patient are from the same country, culture or class. don't speak to the interpreter but face and speak to the patient/family.Feb 26, 2018
Interpreters adhere to standards of confidential communication. Interpreters possess the professional skills and knowledge required for the specific interpreting situation. Interpreters conduct themselves in a manner appropriate to the specific interpreting situation. Interpreters demonstrate respect for consumers.Mar 30, 2022
You should only work with a professional translation/interpretation services provider that upholds a similar roster of ethical guidelines, including requirements such as:Accuracy. ... Cultural Sensitivity. ... Confidentiality. ... Disclosure. ... Proficiency. ... Compensation. ... Non-Discrimination and Conflict of Interest. ... Professional Demeanor.May 4, 2016
Avoid the use of double negatives, passive voice and ambiguous language. Have only one person speak at a time and avoid side conversations. If you do not want something to be interpreted, do not say it! The interpreter will interpret everything that is said at a meeting.
Do not direct your questions or inquiries to the interpreter. 3. Additional considerations if using the services of an ad hoc interpreter (family, friend, employee): Respect the patient's desire to use an interpreter of his/her own choosing and document the request.
Impartiality. Interpreters strive to remain free of preference or bias to any party involved. Interpreters are not advocates or opponents to any party. Interpreters are to only interpret messages from the source language to target language and vice versa.
Interpreters must treat all information learned during the interpretation as confidential. Information shall only be shared on a “need to know” basis with other employees and service providers to the extent permitted by law.
What are the five codes of ethics?Integrity.Objectivity.Professional competence.Confidentiality.Professional behavior.
Confidentiality involves ensuring that information intended for one purpose is not used for another, without the agreement of the person or organisation supplying that information. Information must not be divulged to another agency or person without the consent of the informant.
They observe common professional ethics of diligence and responsiveness to the needs of other participants in their work. Interpreters and translators maintain confidentiality and do not disclose information acquired in the course of their work.
This code provides guidance setting out skills, practices and knowledge for interpreters to use in their professional lives. The Home Office can act against those who fall short of the code's standards.Sep 15, 2021
Comment: Interpreters should immediately notify the court if the communication mode or language of the LEP person cannot be readily interpreted or if the interpreter's language of expertise does not match that of the LEP person. They should also notify the court of any environmental or physical limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g., too much noise in the courtroom, inability to hear the speaker or be heard by the LEP person, more than one person speaking at a time, or principals and witnesses speaking at a high rate of speed).
If after having been apprised of these obligations, the person persists in demanding that the interpreter violate them, the interpreter should inform a supervisor, the judge, the court or another official with jurisdiction over interpreter matters to resolve the situation.
They should not draw undue or inappropriate attention to themselves and should dress in a manner that is consistent with the dignity of the proceedings and the court. Interpreters are encouraged to avoid personal or professional conduct that could discredit or be embarrassing to the court.
It is therefore essential that interpreters present a complete and truthful account of their certification, training and experience prior to appointment so the officers of the court can fairly evaluate their qualifications for delivering interpreting services.
Comment: Because users of interpreting services frequently misunderstand the proper role of the interpreter, they may ask or expect the interpreter to perform duties or engage in activities that run counter to the provisions of these rules or other laws, regulations, or policies governing court interpreting. It is incumbent upon the interpreter to inform such persons of the interpreter's professional obligations. If after having been apprised of these obligations, the person persists in demanding that the interpreter violate them, the interpreter should inform a supervisor, the judge, the court or another official with jurisdiction over interpreter matters to resolve the situation. Interpreters should report any solicitation or effort by another to induce or encourage them to violate any law, any provision of these rules, or any other standard governing interpreting, transliteration or translating promulgated by the Judiciary.
Comment: The interpreter has a twofold duty: (1) to ensure that the proceedings in English reflect precisely what was said by the limited English proficient (LEP) person or speech or hearing impaired person, and (2) to place the LEP or speech or hearing impaired person on an equal footing with those who understand English.
Comment: Interpreters should know and observe established protocol, rules and procedures for delivering interpreting services. They should speak at a rate and volume that enables them to be heard and understood throughout the courtroom, but their presence should otherwise be as unobtrusive as possible.
The interpreter should interpret everything that is said, omitting or adding nothing. The interpreter will find the language with the equivalent meaning, but will not add her own opinions or observations nor omit offensive or nonresponsive comments.
Professional interpreters generally have a standard introduction they use to: ensure everyone knows who they are and why they are there, determine that they can understand the client (and the client can understand them), and adjust to the register of the client and attorney.
In order to avoid questioning in the third person, the deposition questioning should proceed as much as possible as if the interpreter were not there. Keep in mind that it is the interpreter’s job to translate into English exactly what was said in the foreign language and at the same level of discourse as the speaker.
It is the job of the attorney to make any clarifications to the record. If written documents will be introduced, it is best to have them translated prior to the deposition. Mark the original document, the translated document and the certification of translation as exhibits.
The court reporter should be advised that an interpreter will be used prior to the deposition. It is important to make arrangements for your interpreter to be a court-certified interpreter in both the language and the specific dialect that you need.
If mediation doesn’t work, they can take their case before an arbiter, and agree, in writing, to abide by whatever decision the arbiter makes in arbitration. If you have received a “lawyer letter,” consider ADR as a next step for conflict resolution.
Be reasonable. This involves taking positions that you feel others can relate to, understand, or agree with. Being reasonable also involves giving others the benefit of the doubt, when possible.
Because it’s so important in depositions that all parties understand the questions asked and the answers given , there are going to be times when an interpreter is necessary when deposing someone who doesn’t speak English.
In the final transcript, the reporter would identify the speaker in this example, as THE INTERPRETER rather than simply an A for the answer because it’s obviously not what the witness said but rather is the interpreter speaking his interpretation. This makes the record more convoluted than it needs to be.
There are interpreters who are very well trained in the appropriate ways to do simultaneous interpretation, but there are also those who are not trained specifically in the interpretation skills associated with taking a deposition.
Listen carefully. At times interpreters have to translate monotonous communications for extended periods. The candidate needs to convince you they can proficiently handle this aspect of the position.
Being an interpreter is a responsible position. The potential hire needs to display the ability to treat all parties fairly, and to desist from altering communications.
The prospective hire’s answer will share their awareness of potential challenges, and their problem-solving skills.
Working as an interpreter requires interpretation and translation of a wide range of communications, which at times may be offensive to their sensibilities. The prospective hire needs to show the ability to overcome this challenge.
In judicial, legal and quasilegal settings, interpreters are obligated to interpret all communication made between parties of different languages directly and accurately, without omissions or embellishments. All those involved, such as judges, defense attorneys, prosecutors, law enforcement, court staff, court support services, defendants, victims, and witnesses, can make best use of interpreting services by following these guidelines:
Certified court interpreters are highly trained individuals who are, in many ways, the “invisible hand” of justice. They are expected to be nearly invisible in the courtroom yet must maintain acute mental presence at all times. They are expected to possess a vast legal vocabulary as well as instant, accurate recall. Often, they are whisked from courtroom to courtroom, simultaneously interpreting for defendants at the arraignment stage at one moment, consecutively interpreting for witnesses or victims at a trial at another, and simultaneously interpreting for parents of juveniles at a hearing in yet another. On many occasions, the interpreter is handed a document and is asked to “read it to the defendant.” Frequently the interpreter walks into courtroom situations without knowing any of the background or context, adding another layer of diculty to the interpreter’s tasks. Parties occasionally ask their interpreter to simply summarize what is being said, allowing her to pick and choose what part of the conversation is relevant to interpret, which is never allowable.
Three modes are now recognized by the interpreting profession and have been adopted in federal and state statutes and court rules: simultaneous interpreting, consecutive interpreting, and sight translation. Each mode fits particular needs and circumstances in the judicial process and in legal and quasilegal settings. This paper explains the use of each mode of interpreting, gives reasons for the use of each one, and provides practical suggestions for effective use of interpreters when working with individuals with limited English proficiency (LEP).
Summary interpreting, in which an interpreter offers a shortened or condensed version of what has been said, is not appropriate in legal or quasilegal settings. See NAJIT’s position paper on summary interpreting for more information on this point.