If English is not the survivor’s first language and the lawyer does not have fluency in the survivor’s first language, the lawyer must quickly establish a communication plan that includes professional interpreters and a protocol for communication that reduces stress on the client.1 Lawyers should avoid using the victim’s friends and family as interpreters for client meetings for a variety of reasons, including client confidentiality and the risk of waiving attorney-client privilege.
For court, attorneys should file a motion under La. C.C.P. art. 192.2 requesting an interpreter as soon as possible. The court is required, under that article, to appoint an interpreter before the Rule to Show Cause for a protective order hearing under title 42.2 Costs for a professional interpreter must be paid out a court fund,3 or paid by the abusive party.4
Prepare your client for testimony through interpreters. When possible, have your own interpreter in court, in addition to the court-appointed interpreter, so that you may communicate confidentially with your client during court proceedings and breaks. At the very least, it is a good idea to have a non-witness friend, relative, or other person who speaks the same language as your client listen to testimony to tell you if the professional interpreter is interpreting accurately.
- 1For detailed discussion of the use of interpreter to facilitate access to justice for individuals with limited English proficiency, see this manual’s chapter on language access.
- 2La. C.C.P. art. 192.2(C).
- 3La. C.C.P. art. 192.2(B).
- 4La. R.S. 46:2136.1; La. R.S. 9:367.