Are translators with a legal background really necessary? After all, surely all translation is substantively the same?

This common misconception could not be more wrong. Translators with a legal background are essential if you want to obtain translations that accurately convey the meaning of the original documents. The quality and accuracy of your translations can have a profound impact on the outcome of your case.

Legal cases can often hinge upon the interpretation of language — in some cases just a single word. Legal systems vary widely from country to country, as they are based upon different histories, cultures and legal traditions. Legal terms themselves do not always translate directly from one language and culture to another. A non-specialist translator is always in danger of mistranslating legal terms due to a lack of familiarity with particular legal jargon and phrases in a legal context, leading to misunderstandings, added costs or even the collapse of a case or breach of a contract.

Specialized legal translators will also ensure your document is properly formatted for the target audience. The formalities of different legal systems can add extra levels of complexity to source documents, and specialized legal translators can use their experience to preserve the meaning and technical details of the source document while complying with the formatting requirements of the target audience.

By using translators with a legal background, you not only benefit from an increased level of accuracy and translational rigor, you also save time. An experienced legal translator will bring their niche vocabulary and familiarity of the legal system to the translation of your document.

These honed skills and prior levels of knowledge allow them to proceed at a faster pace than a general translator, who will have to constantly break from their work to clarify terms, familiarize themselves with vocabulary, and otherwise equip themselves with tools that a specialized legal translator is already familiar with. These added requirements increase the amount of time that a general translator must spend on the document, leading to increased costs, longer turn-around times and less room for careful verification and double-checking of your translation.

The importance of accuracy, clarity and preservation of meaning across translations in the legal field makes it clear just how essential specialized legal translation is.

A native speaker of the target language knows how to translate the the meaning and intent into the cultural and idiomatic language where a non-native speaker might make an error that could have serious ramifications. From affecting the quality of patient care to medical mistakes that result in legal action, when it comes to medical translation, there is simply no room for error.

Medical documents often combine highly specialized and technical terms with colloquial language and cultural idioms. For example, a medical professional may quote a patient who states they are ‘feeling blue’. The translator must deal with both the technical and colloquial use of this phrase, preserving the meaning and ensuring that readers of the target document gain full comprehension of the text. The selection of appropriate language to convey metaphors, analogies, idioms and other culturally contingent use of language relies upon a deep level of familiarity with the language, culture and history of the target language that is often not formalized in any particular text or other resource.

Native speakers also have a greater understanding of the subtle differences between the various audiences to whom the translated document is targeted. Medical terms have a number of synonyms–the use of particular terms depends on context, audience and culture.

For example, it is sometimes necessary to translate medical documents for the use of individuals with varying levels of medical knowledge. An essential skill medical translators should possess is understanding that the same term can be translated to both ‘hypertension’ and ‘high blood pressure,’ and know for which audiences to use each term. Native speakers who are aware of the commonly used terms in both the medical field and colloquial language are therefore invaluable. Without this level of familiarity, the target document will not fulfill its purpose – to be understood by the audience for whom it is intended.

With the growing level of globalization and human migration across the globe, the accurate transmission of medical knowledge and medical documents across language barriers is vital. Public health bodies need to discharge their duties, medical professionals must care for their patients, healthcare companies must interact with clients, and colleagues and the legal system must deal with conflicts. All of these areas must work across language barriers, and for these translations to be as accurate and meaningful as possible, native speakers are essential for medical translation.

(This blog is a truncated version of an article that ran in the New York Law Journal last month.)

At most law firms, when a document translation is needed, the usual course of action is to request estimates from several translation companies and pick the cheapest one.

This is not unreasonable. Clients are more cost-conscious than ever, and less likely to obtain a legal translation that comes with a hefty price tag. Unfortunately, the cost of fixing a poor translation is much higher than obtaining an accurate translation to begin with, not to mention spillover costs in embarrassment or even potential damage to your case.

Here are 7 factors to consider when selecting a legal translation provider:

1. Quality

Quality is the most important factor. But how can you determine if a company provides quality legal translations? Translation is not a science, and there is no such thing as a perfect document translation. But it makes sense to find out more about a company’s quality control procedures, how they select and vet their translators, and how they proofread completed translations. Are their translators accredited by the American Translator’s Association (ATA) or similar organizations? What is their process for dealing with translation errors? If a translation company can’t answer these questions to your satisfaction, you should be wary of trusting them with your documents.

2. ISO Certification

While ISO certification does not guarantee accurate legal translations, it does indicate that the translation company has a quality management system in place and documented processes for quality assurance. While not foolproof, it is certainly better than no certification. Since many established translation companies have achieved ISO certification, you are better off relying on one that does.

3. Legal Specialization

It makes sense to choose a company that specializes in legal translation. Even if you only need to translate several documents, you are better off working with a provider that is familiar with litigation and the discovery process, and can provide legal support services in addition to document translation (i.e., interpretation for depositions, foreign-language document review, etc.). Ask about the qualifications of their legal translators, and how many years they have been translating legal documents. Also ask about proofreading. If your case deals with technical subject matter, then make sure translators they would assign have a relevant educational and experiential background.

4. Reputation

How long has the agency been around? Has anyone in your firm used them in the past? You should not hesitate to ask for references to projects of similar scope and subject matter.

5. Responsiveness

It’s worth inquiring how long estimates typically take. Most translation companies can provide an estimate in an hour or two. But some—particularly the largest companies—can take much longer. Do they provide after-hours or weekend service? If translation requests often arrive at your desk after 6pm, you should not select a translation provider that only responds to new requests between 9-5.

6. Size

Bigger does not necessarily mean better. At the largest companies, chances are you will deal with a different project manager and translator for each project, and the quality of the translation work may vary from project to project. You may wait longer to obtain a quote, receive impersonal service, and get the impression that your business is low on the priority list if you are not a big client. On the other hand, it makes sense to work with a company that is big enough to handle the various languages and technical specialties you may require at the necessary turn-around time. As in so many things, the “Goldilocks Rule” applies: pick a translation company that isn’t too small or too big, but “just right” for your needs.

7. Price

Price is always a concern, and clients are more sensitive than ever in this economy. While quality—not price—ideally should be the overriding factor, once you have established that the translation companies you are considering have appropriate qualifications, it certainly makes sense to compare fees. Just make sure you compare apples to apples. Many translation companies offer low rates that only include the cost of the translation– proofreading and formatting are extra. Their per-word rates may be lower than other services, but the final bill ends up much higher. Make sure to ask what the translation estimate includes, and if it is “all-inclusive.” If it isn’t, then ask for an estimate of the additional charges.

How so? An agreement on an EU patent will include establishing a unified patent court for Europe. Currently, patent litigation in Europe is fragmented since each European country has its own patent laws and national courts who oversee them. A patent owner needs to go to court in multiple countries to enforce IP rights throughout Europe.  A unified patent court would change all that. A patent owner would go to the UPC to litigate both “classic” European patents and the new unitary EU patent. The court would have exclusive jurisdiction, and become a one-stop-shop for litigating patents across Europe.  What does this mean for legal translation costs related to patent litigation? Here the picture is less clear. On one hand, the patent owner in theory will no longer need to translate legal documents related to the patent infringement case into the official language of each country where his patent rights are being infringed. One translation into French, German, or English would be sufficient. On the other hand, it appears that the new policy will still require additional translations, because the suspected infringer will be presumed innocent if he has not been able to read the full text of the patent in the official language of the country where he resides. And indeed, if this is an acceptable defense for patent infringement at the UPC, much of the patent translation savings related to prosecution will also be negated. What patent owner would take the risk of not translating his patent into the official language of every single European country where he seeks IP protection?

Many of these issues still need to be ironed out, and effective mechanism created for dealing with them. We will have more to say about the EU patent as new develops.

Why the controversy? First a little history. Before 1963, the mass was recited strictly in Latin in most countries for centuries. The Second Vatican Council changed this by allowing Catholics to pray in the vernacular as they participate in the Church’s sacred rites. English versions were introduced in the 60s, and an official English version of the Latin Mass was implemented in 1970. Despite minor tweaks in 1975, this is the same version that almost all American Catholics have been using for the past 40 years.

Change is always difficult, especially for something as personal and meaningful as prayer. And even though the meaning and message of the translated text has not changed considerably, the tone and style have–and in translation, style can be just as important as substance. The new mass is being described as “too Latinate,” less poetic, and employing overly complex and arcane language. More importantly, many Catholics feel that the whole project was imposed by the Catholic hierarchy, without enough input from local clergy and congregants.

In a few weeks, the controversy will likely be forgotten as parishioners get used to the translation changes. But the lack of collaboration could further strain relations between the Vatican and lay Catholics–definitely not the kind of change the Church was aiming for.

Morningside’s commitment to quality and risk management has always set us apart as a translation company. From our use of target-country attorneys to proofread patent and legal translations, to our proprietary case management system, Morningside has always implemented best practices in the industry to provide our clients with superior translations, faster turnaround, and lower fees. Now that our achievements in quality management have been recognized, we want to take the opportunity to thank our clients for partnering with us, and to reaffirm our commitment to delivering excellence on every single translation project. We would also like to wish you all a very happy Thanksgiving!

You can find out more about Morningside’s ISO certified translation services here.

The Supreme Court will weigh in on this issue during its 2011-2012 term, which began last month. On the court’s docket is  Taniguchi v. Kan Pacific Saipan, LTD, 633 F.3d 1218 (9th Cir. 2011) a case which will impact to what extent courts can award the winning party money spent for legal translation services during the course of litigation.

The case began when professional Japanese baseball player Kouichi Taniguchi fell through a wooden deck on Kan Pacific property and tore several ligaments. The injuries prevented him from playing, and he was forced to breach his contract. He sued Kan Pacific for negligence in order to cover lost wages, but ultimately lost the case. In addition, he was ordered to pay $5517.20 in legal translation costs to Kan Pacific for documents translated from Japanese to English. Taniguchi appealed.

In deciding Taniguchi, The 6th circuit had relied on U.S. Code § 1920. Title 28,1920 states that a court may reimburse the winning party for certain expenses like filing and printing transcripts, and also for certain interpretation services. The court relied on a dictionary definition of “interpret” which included “to translate into intelligible language.” Based on this, the court determined that “translation” and “interpretation” are interchangeable and that translation services should also be covered. Now as most translation companies will tell you, “interpretation” and “translation” are not synonymous. Translation involves written text; interpretation is oral and involves a speech or phone conversation. On appeal, The 7th circuit argued that this expansive definition of “interpreter” went too far, and split on allowing litigation costs like document translation to be included on the list of recoverable costs.

It was up to the 9th circuit to decide, and it ultimately agreed with the 6th circuit that courts could award the winning party the costs of legal document translation. Now it is up to the Supreme Court to make the final decision which could have far-reaching implications. The same reasoning that led the 9th circuit to decide in favor of reimbursing translation costs could impact e-discovery and a range of other litigation expenses. The cost-benefit analysis of entering into litigation could shift considerably given the potential reimbursement demands. Parties might agree to limit the amount of discovery and translation they do to hedge against paying the full costs later on, and the discovery process could become much more limited for certain cases. We’ll have more to say when this case is decided.

This dual-term quandary comes up frequently in German, where one medical term is often used by professionals, and another is used by the general population. As always when translating documents, the choice of terminology depends on who your target audience is: a clinical trial protocol should include the scientific term; an informed consent form (ICF) should include everyday terms the subject will clearly understand. It is also important to maintain consistency–if you are using a scientific term for a medical condition you should do so throughout the document.

Keep in mind that patients are better informed and more familiar with medical terminology than in the past, so it often makes sense to include the scientific term along the layman’s term. If the condition is rare it makes the medical translator’s job easier–you have to use the scientific term because there is no everyday equivalent. Having a clear understanding of the purpose of the translation and what it will be used for will help guide you through the translation process. Morningside‘s certified medical translators are also available to assist.

Certified translations are usually required if you are submitting foreign-language documents to a court of law or regulatory agency like the FDA. Official documents like birth certificates and college transcripts also require certification. If you need  to submit a certified translation, check first to see exactly what kind of certification you need. It may need to be notarized, and the translator’s qualifications and/or resume may need to be attached.

You can find more information on certified translations here.