In a multicultural country like Australia, foreign languages create obstacles for the legal system, impacting both lawyers and clients. These challenges extend beyond the expected legalese. They also include something we all take for granted, which is communication. This couldn’t be more obvious than when speaking to a client who prefers to talk in their own language. And it’s here where you ask yourself, “How will I explain the fees, advise them how to prepare for court, and request documents that will be needed as evidence, not to mention interpret for their evidence in court?” This is where a translation and interpreting agency can make a big difference – to facilitate the communication between you and your client all the way into the court.
Recognising the critical role that translators and interpreters have in the legal system, law firms have come to realise that hiring the wrong translation company can have serious consequences. For example, submitting evidence that has been mistranslated could weaken your case or, worse, disprove your claims. These translations can include contracts, bank statements, voice and text messages, each requiring different translation approaches. Take the translation of informal language, for instance. The challenge is conveying the meaning of text abbreviations within their proper context, like smh, or verbal, such as dubs-tee-eff. And, no, the former is not referring to the Sydney Morning Herald, and the latter is not lingo for teeing off in golf. Instead, they are examples of contemporary generational language that could be found in evidentiary materials. These examples demonstrate the difficulties that translators face when dealing with informal language. It becomes even more challenging when there are emojis or slang. Without a standardised guideline, translators rely on their expertise to convey meaning without imposing personal interpretations.
Choosing the Right Legal Translation Service
As a lawyer needing a translator, the first step is often a quick Google search. With so many options available, deciding which translation agency to trust can be difficult. Trust is a crucial factor to consider, so we advise you to do thorough research. Research the team’s qualifications, not only checking if their translators are NAATI certified but also look for accreditations like AIIC membership, signifying UN-level expertise. Additionally, consider the importance of strong corporate governance. Directors and officers who are GAICD-qualified indicate stability and a strong commitment to ethical practices and confidentiality. These are all positive signals for a law firm in need of a reliable and trustworthy translation company for their case. Why should it matter? Because you must be able to trust the people you are about to work with. Given the potential high stakes of any case, you cannot afford to compromise on quality, trust and reliability.
With the rising cost of running a business in Australia, many translation agencies have transitioned their admin teams and project management overseas. While this move leads to cost savings for the agency, it impacts your experience as the client. You certainly don’t want to deal with a new contact every time you have a translation request on a poor phone line; or, worse, face lengthy delays in email responses when your needs are time-sensitive! To ensure reliability, look for agencies with a local presence. It’s even more reassuring if they extend an invitation to visit their office. These are all positive signals of a dependable translation partner.
Another important factor is their responsiveness. Next-day or even same-day legal translations are often required when a client’s case is in court. This is necessary to support or challenge a claim. In these situations, you want to be sure that your translation partner can offer overnight translations or work around the clock.
Challenges in Translating Informal Communications
Understanding your translation agency’s methodologies is crucial. For instance, when translating bank statements, will the translators provide an extract translation or translate the entire statement? Will the formatting remain consistent with the original document? This may appear trivial, but it could be essential when handling reams of pages of transactions. These statements are often uploaded to bank reading software for easy transaction searches. Additionally, it is important to ensure that your translation partner has a quality management system in place. This system should include processes and procedures that guarantee accuracy and objectivity in the translation.
Take the practice of translating emojis within text messages. A subjective translation can lead to legal complications, as courts around the world are considering these symbols as evidence. In Canada, a farmer was ordered to pay $92,000 because the use of a thumbs-up emoji was seen as approval of a legally binding agreement. Now, imagine the challenges of translating these emojis from other languages into English, where their meaning may not be universal. Further complicating the issue, platforms like WeChat, LINE and Zalo, use stickers and animated emojis, presenting an even greater obstacle to accurate translation due to potential ambiguity. What does the animation really mean? Therefore, it is crucial to ensure that the translators you work with have a procedure and protocol for translating these symbols and animations. This ensures objectivity and allows lawyers and judges to interpret/understand the evidence.
At CHIN, we take pride in our internal team of translators. They work together to tackle challenges such as translating emojis or handwritten evidence. If a consensus cannot be reached on the best translation approach, we provide short translator footnotes. These notes contain explanations of the difficulties or ambiguity encountered. This approach equips our clients with a comprehensive understanding of the issue, enabling them to present the translator’s explanation if disputed in court. One of the many reasons why lawyers use our services is because of our established processes and procedures that instil confidence. It’s important for you to have reassurance that if the translation is disputed, they can rely on the expertise of the translator as an expert witness.
The Role of Technology in Legal Translations
The increasing use of AI has made it crucial to delineate its role in the translation process. As tech companies develop online translation platforms with NAATI certifications, it is important to understand how the final output is generated. This is what you receive and submit to the court. That is why it’s crucial to check whether an agency simply uses Google Translate for the final translation or if a human translator reviews the output from Google or ChatGPT. If human review is involved (which it must be), it’s important to assess the translator’s experience, and expertise in both translating and checking translations. Translating and checking are distinct skills and require different approaches to ensure that the translation reflects the original wording. The last scenario you want to find yourself in is submitting mistranslations that mislead or compromise the integrity of evidentiary documents in court. The translation agency might deny responsibility by attempting to shift blame to Google, OpenAI, or a third party. This is what Sports Illustrated, an American sports magazine, did, using AI to generate not only articles but also author bios, complete with AI-generated headshots. Imagine that! And also how CNET, a tech media outlet, used AI-generated content with only light proofreading and editing. What the team at Futurism, a science and technology website, found was that the information provided by CNET using AI was fictitious and impacted readers who trusted it as reliable. It’s important to avoid similar situations when submitting translated documents to the court. You want to have certainty: a guarantee that the translations are accurate and a true reflection of the original source language. Ultimately, with tech translation companies relying on AI, it is like the Wizard of Oz; who is behind the curtain? What is genuine and what is an illusion, and can you rely on their translations when it really matters? The question you must answer is: Can you truly depend on AI-generated legal translations for cases that require precision, reliability, and accountability?
Strategies and Best Practices for Lawyers
What are some key strategies that law firms can follow to ensure that the agency they work with provides translations acceptable in court to help win their client’s case?
1. Go Beyond the Google Search and Get to Know the Team.
☑ Conduct thorough research beyond a Google search to find the right translation company for your case.
☑ Investigate the team’s qualifications, certifications, and experience, focusing on legal translation.
☑ Contact the agency directly to discuss your specific needs and assess their understanding and customer service.
2. Where Are They Based? Virtual Offices Nationwide? Offshoring?
☑ Prioritise agencies with a local presence for easy contact, office visits, and building in-person relationships.
☑ Be cautious of agencies that rely heavily on offshoring due to potential communication, responsiveness, and quality control challenges.
3. Ask about the Translation Process and Use of Technology.
☑ Understand the agency’s methodology for translating various types of documents, including legal documents, informal communications, and financial statements.
☑ Enquire about their process for translating emojis, handwritten evidence, and other challenging elements.
☑ Ask if they use AI-assisted translation and ensure that human translators review and verify all final translations.
Feeling overwhelmed? CHIN Communications is here to help! Our team of experienced legal translators, fluent in the complexities of legal documents and communication across languages, offers a seamless and professional translation experience you can trust. Contact us today!