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How to Work Effectively with an Interpreter
Wray M. Wade

Working with an Interpreter or Translator is an integral part of the litigation process. The role of an Interpreter/Translator has evolved over the years through a court system which allowed the use of friends and family members as an Interpreter to a very specialized certification process. Understanding the role of an interpreter has become one of the most difficult aspects of the legal communication field. Even though the words are used interchangeably they are two very different distinct forms of communication. In order to begin to clarify the roles of an Interpreter or Translator we should begin with a clear definition of an Interpreter and Translator.

Translator refers to the transference of a written text to a written text. In the legal field documents are presented in all forms for translation, most commonly the text is presented via email or CD ROM. Through this process the Translator transcribes the source document to the target document. The completed document will have the look and feel of the original source document, but in a different language.

The word Interpreter refers to verbal transference of parties communicating in different languages. A verbal translation not only conveys the words of the source language into the target language, the Interpreter also must interpret the intentions and feelings of the subject into the target language.

Two popular modes of interpretation that are most commonly used in legal proceedings: Simultaneous Modes and Consecutive Modes. Simultaneous interpretation is most commonly referred to as “shadowing.” Shadowing is when the interpreter is speaking and listening at the same time as the primary speaker. The Interpreter is serving two roles which a lot times are done separately. The most difficult aspect of a simultaneous interpretation is the speaking and comprehension process that is constantly happening. During Consecutive Mode interpretation, the interpreter conveys a message in the target language in a sequential manner after the speaker. This mode requires that the speaker pause to allow the Interpreter to relay the message. This mode is used for non-English speaking defendants, witness stages at a trial, or for a witness to speak for the record during the pretrial process, during depositions, and sentencing.

Because of the pressure to immediately memorize and repeat in another language so as to not disrupt the flow of communication too much, many Interpreters chose to work in tandem in which one Interpreter is handling the research, while the other Interpreter is intently memorizing the message. During most depositions, Interpreters will sit next to the court reporter for verification of the correct information.

As the international community in America grows, the need for precise professional translation service increases. Understanding how Interpreters/Translators work and their role in the legal process can help reassure your firm that you are getting the best, most accurate representation.

Wray Wade has been a Japanese Interpreter for over 12 years. Wray Wade Consulting Group represent clients in an array of different languages and dialects during complex litigation. You can contact Wray Wade by email at ww@wraywade.com.

 

Texas Paralegal Journal © Copyright 2007 by the Paralegal Division, State Bar of Texas.

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