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.

Almost every day, we are told by a company or law firm that another translation service offers much lower fees. Our response: if a translation service can offer far lower rates than its competitors, it is worth inquiring why. For example, for patent translations, Morningside relies on in-country patent attorneys to proofread translated applications. This increases the cost of the translation, but it is a critical quality assurance step. Many of our competitors do not. Our translators are widely recognized as some of the best names in the industry. Some of our larger competitors do not have the luxury of being as selective. If a translation service offers lower rates by skimping on proofreading or relying on sub-par translators, then the money saved could easily be canceled out by costs related to revising or even re-doing the translation.

In short, as you consider options for reducing translation costs, it makes sense to carefully review the workflow and processes of different translation services. Just as no two translations are exactly alike, no two translation services offer the same quality.

There are plenty of English words whose foreign origin is quite obvious. We can guess where chauffeur, angst, and desperado come from (French, German, and Spanish). But many words that sound like “classic” English also have a foreign origin, and the origin is not necessarily European or even Indo-European–you have probably used a few words today that come from languages that many of us have never heard of. Here are a few examples:

• Ketchup – The word comes from Amoy, a Chinese dialect, where it meant the brine of pickled fish.
• Barbecue – The quintessential American cooking tradition, BBQ actually comes from Carib, a language spoken in northern South America and the Caribbean.
• Sugar & Candy – These sweet words come from Sanskrit, the ancient Hindu language of Northern India.
• Husband – The word comes from Old Norse, the extinct language of the Vikings, where it meant “master of the house.” In modern American usage, it often means the exact opposite.
• Pal – The word comes from Romany, the Gypsy language, where it means brother or comrade.
• Tank – As in water tank. The word comes from Gujarati, a language spoken in India.

The most effective way to ensure precise document translation is through performing back translations. This process first includes the initial translation from English into the target language by one linguist, and editing of the translation by an equally qualified second linguist. The target translation is then translated back into English by a separate translator independent of the project and with no prior knowledge to make sure that the original English has been properly translated into the foreign language.

The back translation can never be exactly like the original English text. The back translation can only give a fair idea of the content of the text and make sure that the correct meaning is conveyed. For example, in a medical survey, expressions such as, “to feel blue, to feel sad, to feel down, to be in low spirits, etc.” have more or less the same meaning, and the back translator may only use one of these.

Back translations are an extremely useful tool in ensuring that the proper meaning of the text has been conveyed. It also adds an additional level of quality check to a document translation.

Morningside Translations is pleased to announce the launch of its new and improved website. The upgraded website is a reflection of our company’s expansion. Our goal is to provide our visitors with a virtual experience that is as compelling as a visit to any of our offices. The updated site includes social media features that allow visitors to engage with the Morningside Translations team.