KNOW, the Magazine for Paralegals Fall/Winter 2013.2 | Page 16

Here are some guidelines when working across languages and cultures: • Translation v Interpretation. Know the difference. Translation is written format and interpretation is spoken. • Be ready for an answer. When communicating in another language, remember the response will be in that language. This reminds me of my uncle who visited Paris and was so proud that he could ask directions “Ou est le toilet”. He was stumped when he got an answer. “This reminds me of my uncle who visited Paris and was so proud that he could ask directions, “Ou est le toilet?” • Be cognizant of different legal systems. A US case with multi-lingual speakers is different than a case in another country. Take into account the differences in legal systems. • Good writing style. Sloppy writing leads to bad translation. For example, how is a linguist going to translate this? “I am herewith returning the stipulation to dismiss in the above entitled matter; the same being duly executed by me.” The translator changed it to "I have signed and enclosed the stipulation to dismiss the Byrd case." Is that was meant? • Hire a good translator. Poor legal translation is dangerous. Common problems are grammar errors, omissions of words, literal translation rather than capturing the meaning, wrong tense or incorrect detail. Make sure to hire a professional with subjectmatter expertise. • Subject matter expertise. We have a wonderful Spanish translator with a PhD in International Relations. He quotes grammar dictionaries and is a stickler for detail. But we do not send him any technical engineering documents because he does not know engineering terminology. Match the expert to the subject-matter for the best quality. 16