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.