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).