Prior to discussing tips on interacting effectively with interpreters, it is important to note that the need to appoint an interpreter at court proceedings underscores the fact that an LEP client’s inability to communicate in English is also an issue in the attorney-client relationship. Not much has been published on this point or discussed in ethics presentations, but it is clear that our clients’ English proficiency affects our ethical obligation to offer competent representation and clearly communicate with them regarding their cases.1

Clear communication is the bedrock of competent representation. Thus, the move toward improving the quality of communication available to LEP individuals in court proceedings raises the issue of attorneys’ ethical obligations to their own clients to provide understandable communication through competent and accurate interpretation during the representation. Although Louisiana does not offer any guidance in this regard, the American Bar Association recently weighed in on this issue when it published a formal opinion on Language Access in the Client-Lawyer Relationship.2 The opinion emphasizes what should be obvious to all competent attorneys: “[i]f a lawyer does not communicate with a client in a mutually understood language, it is doubtful that the lawyer is exercising the thoroughness and preparation necessary to provide the client with competent representation.”3  

Given these considerations, a lawyer should always strive to use a qualified interpreter; if a trained and qualified interpreter is not available, an attorney may request that the client provide the interpreter. Realistically, it is unlikely that an LEP client will have the resources to find and retain a professionally trained interpreter. Nevertheless, attorneys should never use a family member or a child to interpret. Doing so would violate confidentiality and pose a clear conflict of interest. Using family members, especially children, is also inadvisable and even dangerous due to the trauma that hearing and interpreting a client’s full story may cause.

In some cases, it may be possible for counsel to use office staff who are bilingual, but such staff should be trained as interpreters.4 Being bilingual does not qualify a person as an interpreter; interpretation is a profession that requires training and skill. For attorneys without access to a qualified interpreter, another tool is a language line. Although these services do not guarantee full meaningful communication, they are better than using unqualified interpreters. A quick internet search will identify many available services; there are several that are Louisiana-based. Last but not least, if the interview is to be held in a detention facility, it is advisable to check all institutional requirements prior to the meeting.

• 1 La. R. Prof’l Conduct 1.1(a), 1.4.
• 2A.B.A. Comm. on Ethics & Prof’l Responsibility, Formal Op. 500, Language Access in the Client-Lawyer Relationship (Oct. 6, 2021).
• 3Id. at 4.
• 4Locally, the University of New Orleans (UNO) offers such a program. See Certificate Program in Translation and Interpreting, Univ. New Orleans. For a more extensive discussion of this issue, see Section 5.1.

Admittedly, there is a bit of getting used to in working through an interpreter. However, some attorneys have misconceptions regarding the role and involvement of interpreters in the cases in which they interpret; these often prevent attorneys and LEP clients from using interpreters’ services to the fullest extent possible. More particularly, and anecdotally, attorneys, and sometimes LEP clients, worry about sharing documents with interpreters or otherwise involving them appropriately in conversations with LEP clients prior to events such as depositions and trial. 

Generally, this worry arises from fear of breaching confidentiality and, sometimes, from failure to understand the impartial nature of interpretation. This is particularly so when it comes to allowing interpreters to speak with LEP clients; for some attorneys, it may trigger concerns about interpreter bias or creating a conflict of interest. However, distrust of qualified interpreters for these reasons is not justified in light of their training and requirement that they comply with a code of ethics that addresses these issues.

The elements of interpreter competency become a set of best practices for attorneys who must, or should, communicate with LEP clients through an interpreter. Thus, attorneys should keep in mind the following when dealing with their own interpreters: 

• Request to see the interpreter’s qualifications and credentials. Inquire as to whether they are familiar with the LEP client’s national, regional, and/or local language or dialect. In this regard, do allow the interpreter to speak with the LEP individual for a few minutes about something other than the case to give the interpreter a chance to get accustomed to any unusual features of accent, dialogue, or register. There can be wide variations in how a word is rendered within the same language. For example, depending of the variety of Spanish spoken by an LEP individual, the word “bus” may need to be translated as “guagua,” “autobus,” or “bondi,” among others.
• Set initial expectations about how the attorney and the interpreter will interact and, if there are any concerns, review them upfront. Likewise, the interpreter should explain to the LEP individual how interpretation works and what the interpreter expects of that individual during the interpretation.
• Do allow the interpreter to view court files prior to the proceedings and to become familiar with names, parties, and technical vocabulary. Remember that Canon 5 of the Code of Professional Responsibility for Language Interpreters requires them to protect confidential information.
• Do not use the interpreter to explain anything. A good interpreter will decline such a request. Interpreters only act as conduits of communication between two parties, and therefore will interpret no other information beyond what is conveyed by the party speaking.
• Do not allow the interpreter to offer personal opinions or become involved in the conversation; this also means that the interpreter should not be asked to give an opinion. The interpreter is there only to interpret, and the attorney should be able to recognize when interpreter communication becomes opinion. 
• It is up to the attorney to start and end the interpreter’s intervention. Beware of allowing independent interpreter conversations without the attorney present.
• When engaging an interpreter for client meetings and other case-related matters, keep communications with the interpreter restricted to the mechanics or skills required during interpretation; that is, do not discuss issues related to substantive aspects of the case with the interpreter.
• Legal interpretation uses the consecutive mode of interpretation. That means that the attorney will experience pauses while the interpreter repeats each statement in the respective language. Do not rush the interpreter; wait until the interpreter fully finishes the exchange with the LEP individual before proceeding with the next communication.
• Remember to always speak directly to the person requiring interpreting services, as you would in a normal conversation; this is essential to avoid confusion. For example, look at the client and say “Please tell me your date of birth,” rather than addressing the interpreter with the question, “Ask them what their date of birth is.”1
• Parallel to the attorney or judge’s use of the first person to address the LEP individual, expect the interpreter to render that individual’s response in the first person as well. 
• Avoid using idioms, slang, and legal jargon. These can be very difficult to interpret.
• Speak clearly, at a reasonable pace, one question at a time, and loudly enough for the interpreter to hear. Be aware of extraneous noise. It can interfere with the interpreter’s ability to hear and capture the words as intended.
• Expect meetings and court proceedings involving interpreters to take additional time. Plan accordingly.
• Understand that the interpreter is a neutral party. Thus, make sure that the interpreter is not adding, omitting, or summarizing anything. Do not allow the LEP individual to ask the interpreter any questions that otherwise should be answered by the attorney; always instruct the interpreter to relay those questions to the attorney. 
• Do allow the interpreter to access dictionaries or other linguistic reference materials as needed (in hard copy or on an electronic device). Use of such resources does not mean that the interpreter lacks competence; in fact, it is one of the hallmarks of competence. Be respectful of an interpreter’s need to clarify a word or a phrase by consulting reference material.
• Make the interpreter feel comfortable, in particular during sessions that deal with difficult, stressful, or emotionally charged communications.
• Consider the possibility that you may need multiple interpreters in a single court appearance: one for the court, one for you and your client. Additionally, if the court proceeding will take several hours, be aware of the need to employ more than one interpreter in order to allow each interpreter to rest, normally every two hours.
• Do consider the need to employ an interpreter for client communications during the course of representation of the LEP client, even if you are fully bilingual or use bilingual office personnel who are not otherwise trained as professional interpreters. 

• 1For a video demonstrating correct and incorrect ways to communicate with a client through an interpreter, see LegalServicesNJ, Working with Interpreters, YouTube (Aug. 2, 2010).

You should set aside time to prepare your LEP client on how to work effectively with an interpreter. This step is not optional. Communication through an interpreter is not always intuitive. The following advice to the LEP client should help facilitate clear communication at the office conference and, more importantly, when giving testimony at depositions, trial, or any other proceeding:

• Speak slowly and clearly.
• Use short sentences.
• Try not to use slang (not to be confused with colloquial language).
• Do not speak when another person is speaking. Be patient.
• Stick to the native language even if the client speaks a little English.
• Immediately indicate if the interpreter’s question or use of certain words is not understood and wait for the court to resolve the matter before answering.
• Be aware that anything said through the court interpreter will be interpreted word for word and that the interpreter is required to tell the court everything said. 
• Understand that the interpreter is not allowed to explain the client’s answers.
• Do not ask the interpreter how to answer a question.
• Do not reveal any confidential information to the interpreter unless you are answering a direct question during the process of interpretation and your lawyer is present. 

Remote interpretation normally occurs by telephone or video conferencing. The former has been used for quite a while, especially in the federal court system, often in instances where the speaker’s language cannot be identified; it is a good starter, but not good enough to conduct an entire hearing. The latter has become more commonplace, especially following the emergence of COVID-19. To the extent that Louisiana courts may use a video conferencing system, the attorney should consult with the particular court about interpreter needs. Because Louisiana does not have a unified court system, courts’ capabilities in this regard will differ. It is recommended that you contact the particular court’s language access coordinator. If unable to get the necessary information, you may consider contacting the Louisiana Office of Language Access for further guidance.1 The National Center for State Courts also provides general information on remote interpretation.2

For purposes of individual attorney communication with LEP and Deaf and Hard of Hearing persons, several products exist in the marketplace that may be employed for this purpose. Some video conferencing services provide interpreting modules as part of the video conferencing platform, while others interact with those platforms.3

• 1Office of Language Access: Overview, La. Sup. Ct.
• 2Couns. of Language Access Coordinators, Remote Interpreting Guide for Courts, Court Staff, and Justice Partners (2018).
• 3Louisiana interpreting services provide interpreting services using a video conferencing platform. Outside of Louisiana, on a larger commercial scale, you may find, for example, companies such as interaction which works with video conferencing platforms such as Zoom, Skype, Microsoft Teams, and WebEx.

Although this chapter has discussed interpreter qualifications and competencies from the point of view of courts, LEP parties, and attorneys, interpreters must also be aware of what is expected of them: 

• Understand the matters handled by the particular court and any special vocabulary that may be used in those proceedings. 
• Be acquainted with the case materials as much as possible. This is particularly important if there is complex terminology; advance notice will allow the interpreter to resolve those linguistic issues that can be anticipated.
• Be aware of the native-language level of proficiency and culture of the LEP individual or Deaf or Hard of Hearing person. 
• Be able to explain to the LEP individual or Deaf or Hard of Hearing person how the interpretation will take place (i.e., most likely consecutively) and the fact that everything said will be interpreted. 
• Advise the LEP individual or Deaf or Hard of Hearing person to direct all communication to the court or the attorneys, as appropriate, and that the interpreter cannot engage in independent conversation of any kind. 
• Remain in interpreter mode, which means using the first-person singular to avoid confusion and always use the third-person singular when speaking on the interpreter’s own behalf. For example, “Your honor, the interpreter cannot hear, needs clarification, cannot understand the concept conveyed, is aware that the word or term does not have an equivalent translation, etc.”
• Immediately inform the court if the interpreter realizes there is an interpretation error, even after the proceedings have ended.