Attorneys often fail to recognize the critical role of a qualified foreign language interpreter. Failing to use an interpreter or pressing a layperson into service is likely to damage the attorney client relationship.
1
When is an Interpreter Required?
An interpreter is critical to the defense of an Limited English Proficient defendant. Prior to trial, the most important function of an interpreter is to allow communication between attorney and client, or between client and defense investigator or expert. At trial, interpreters may serve in three principle capacities: (1) interpreting the proceedings from English into the defendant’s language; (2) interpreting communications between client and attorney; and (3) interpreting questions posed to and answers provided by a non-English-speaking witness. An interpreter may also communicate to the court any errors made by another interpreter at trial. In some cases, an interpreter may serve to offer expert testimony regarding the meaning of select words or phrases
2
Oral versus Written
It is important to distinguish the task of “interpreting” from the task of “translating.” Both tasks involve the transfer of language from a source language to a target language. Translation refers to the written form of this process while interpretation denotes the oral form. The terms should not be used interchangeably. The task to be performed may influence which professional counsel selects. Some individuals who are not highly skilled at oral interpreting may have achieved advanced levels of academic skill at reading and writing in each of two languages and may be excellent translators. Likewise, excellent oral interpreters who have learned two languages by living in bilingual families may lack the formal training to produce perfect written documents.
Comments - add comment