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¿Hablas español? Or another language? Can you speak it well enough to represent a client with Limited English Proficiency (LEP) in a legal proceeding? Even if your answer to these questions is “yes,” Cynthia Herber, an attorney who serves as a Spanish court interpreter in Federal Court, says many attorneys don’t realize the disservice they do to their clients by not utilizing a professional interpreter. Here, she offers some practical tips for improving service to non-native speakers.
—Interview by Emily Kelchen, edited by Bianca Prieto
(Image courtesy Cynthia Herber)
You practiced law before becoming a full-time staff interpreter. Why did you make that switch?
I practiced law full time for 10 years, then COVID hit. When the courts closed, and clients were not only not calling, but they stopped paying for services already contracted, I decided that I needed a change.
So, after some soul-searching, I decided that I would go back to interpreting. It’s what I did before I was barred, and also on the side in private matters (like depositions). I realized that I loved being in a courtroom but needed a break from the day-to-day client interaction.
When you are in the courtroom translating… or is it interpreting? Is there a difference?
Interpreting and translation are, in essence, the same activity. They both take a statement from one language and transform it into the same statement in a second language, but they are logistically different.
Interpreting is the oral form of translating from one language to the other. In judicial proceedings, it is mostly done in simultaneous mode (real time, like in the UN). As one person speaks in one language, the interpreter (not translator) listens in one language and simultaneously speaks in a second one. There is no opportunity to reconsider what was said. An interpreter must know how to anticipate what the speaker will say, move the concept around to fit the target language syntax and grammar, and then speak it to the listener without falling behind, interrupting the speaker or making content mistakes.
When doing a written translation, the translator has ample opportunity to evaluate and assess the work to be translated. There is more opportunity to “see” the work in the target language, and there is great leeway to re-write and re-consider the work.
Whether you are speaking or writing, is the goal to do a word-for-word match? Or something else?
Interpreters are not machines, nor are we walking dictionaries. We translate meaning, not “word for word.”
Not every legal term has an exact translation into a second language. Remember that there are few countries in the world that follow common law, and as such, some of the terms commonly used in an U.S. court might not exist in a different court system/language. For example, some indigenous languages from Mexico do not have words like “judge” or “prosecutor”.
English and Spanish also have completely opposite grammar. Sentences are structured in a different way, and Spanish uses approximately 30% more words than English. A good interpreter will not start speaking exactly when the ENG speaker starts. We are to give a few seconds to hear where the speaker is going, restructure the phrase in Spanish, and then start.
It is not uncommon for an interpreter to ask for clarification or consult with a colleague or correct herself on the record. Language is an ever-evolving thing, and interpreting is an imperfect science. There are many ways to say the same thing. Two interpreters can interpret the same statement in two different ways, and they can both be accurate and correct.
What mistakes do you see lawyers making when they work with translators?
An attorney’s first duty is to their client. Being able to communicate with the client should be their priority. (And providing language access is protected by the Court Interpreters Act, the Guide to Judicial Practice, title IV, and civil rights legislation.) So in my mind, the conduit an attorney uses to communicate accordingly should be the highest possible standard, and not using a professional interpreter is always a mistake.
For example, using your secretary as an interpreter is not a good idea unless, of course, she/he is trained as an interpreter or has been certified as one. Using your client’s relative isn’t either. The police department using one of their own officers to act as the interpreter in a post-arrest interview is pretty bad. When we use a non-qualified person to serve as an interpreter, we run the risk of this person being unfamiliar with their ethical duties as an interpreter. Besides, some of these situations carry with them an innate conflict of interest, especially in the police department example.
Looking for a cheap interpreter–someone who charges less than the going rate–and expecting the same level of knowledge and professionalism as someone with state or federal court certification is a mistake.
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Do you have any tips for doing things the right way?
I’ve written an article on this topic that is full of practical tips, but off the top of my head:
When using an interpreter to speak to a non-English client, always speak in the first person. The interpreter is your “mouthpiece”. In other words, do not say: Please tell him that…. Because the interpreter will translate that exactly like that. And it is confusing.
If an interpreter is in the courtroom providing simultaneous interpretation for an LEP, speaking clearly, loudly and into the microphone (if that courtroom uses microphones) is paramount. If we can’t hear, we can’t do our job.
But remember that people who do not speak English are not stupid, illiterate or unsophisticated. They are also not deaf or hard of hearing. Speaking very loudly, too slow or in a condescending manner is not only not necessary, but it is offensive to the listener and makes the interpreter’s job difficult.
Please try not to speak with abbreviations. Using words like “deport” for deportations, “CPS” for Child Protective Services, or anything of that sort could create problems because, while something like CPS is the correct abbreviation of the words it stands for in Spanish, the words to say the name of that agency DO NOT begin with the same letters and are not structured in the same order.
Finally, as a bonus question, any TV show or movie you would recommend to people to watch to get a flavor of your practice?
To really understand how judicial interpreters came to be and what was needed to get it going, I suggest you watch the Movie Nuremberg with Russell Crowe and watch the actual films from the Nuremberg trials.
To understand, in a simplistic way, how interpreter brains work, watch this.
To understand how language shapes the way we think, watch this.
Raise The Bar’s Take
Your client's understanding of the proceedings against them shouldn't be the first line in the budget you cut. If you work with LEP clients, the interpreter isn't overhead; they're the reason your representation is legally adequate. Treat them like a colleague you brief, not a rental you tolerate.
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Raise the Bar is written and curated by Emily Kelchen, edited by Bianca Prieto.
