Tag: translation of legal documents

Eva Angelopoulou provides her overview of events for legal translators and interpreters held earlier this year by EULITA:Continue Reading..

Tools of the legal translator’s trade, a new blog by me published today on the IALS Legal Translation hub looking at the various tools legal translators use in their profession.  Click here to read more:

Tools of the legal translator’s trade

Legal dictionaries, legal lexicography and legal translation

Over the years academics in the field of legal translation such as Marta Chroma and Coen Van Laer have been highly vocal about the need for good quality legal dictionaries to assist legal translators in their task. Of course, legal dictionaries can’t provide all the answers but are still an essential tool.

I’ve written extensively about the quality of Greek-English legal dictionaries in the past, indicating that the quality of these essential tools for getting legal translations done is affected by a great many factors. Sadly, existing dictionaries out there tend to score very poorly when judged by their fitness for purpose. Most are mere word lists and lack the sort of information that legal translators need to navigate the difficult seas from source to target language, culture and legal system. That is especially true for the Greek-English language combination.

Academic articles are regularly published on legal lexicography but a relatively new, comprehensive book on the subject is a welcome addition. Prof. Łucja Biel, University of Warsaw, recently published a review of Legal Lexicography. A Comparative Perspective. Law, Language and Communication which was published in 2014 by Ashgate Press and edited by Máirtín Mac Aodha. She said, “Definitely, it is a must-read for legal translation and legal language researchers”. With that in mind, I’ve ordered a copy.

Legal lexicography, legal dictionaries and legal translation

Legal Lexicography. A Comparative Perspective. Law, Language and Communication

Overview of the book

Until the book arrives, let’s take a quick look at Prof. Biel’s review and see what her overview can tell us about state of play.

Firstly, legal lexicography is a complicated field with many aspects, encompassing terminology and translation. It also covers both mono- and bi-lingual dictionaries, as well as printed and online versions of these language resources. It’s a field where technology is important and thankfully technology is starting to play an ever increasing role. Two chapters of the book (by Sandrini and Nielsen) look at the importance of shifting towards digital solutions and how this could improve the quality of legal dictionaries. Prof. Biel concurs, arguing that, “Digital technology makes it possible to better structure masses of data and to retrieve information adapted to user needs (communicative and cognitive functions) as regards its content and quantity”. In my older review of GR-EN legal dictionaries, the dictionary which was also available in electronic format also scored highest.

Secondly, the way in which a legal dictionary is prepared, decisions about the sort of dictionary it will be, and questions of the  intended audience (lawyers? judges? translators? the public?) all affect the quality of the final dictionary and determine how the dictionary should be judged and its fitness for purpose.

Thirdly, a point I’ve raised before about the need for GR-EN legal dictionaries to be more descriptive is also raised by Coen Van Laer in his chapter in the book. He argues that bilingual legal dictionaries for translators could be improved by including an optimal amount of encyclopaedic information. Van Laer argues that dictionaries should assess the degree of equivalence between concepts in the source and target language; to do that, he stresses, entries should include source and target legislative definitions to allow for their comparison, especially for core and incongruous concepts. Prof. Biel makes the following comments on this point, “Indisputably, this solution would be of valuable help to translators; however, I have doubts as to its feasibility due to the following constraints: legal systems differ in their reliance on legislative definitions; there are not that many terms that have legislative definitions; legislative definitions of a term may differ across statutes and branches of law and, finally, in the case of languages which are used in various jurisdictions, how many definitions do we place in an entry …? It should be admitted though that this solution offers an ideal to strive towards.”

To sum up, the book appears to offer an extensive overview of the field of legal lexicography, and its importance in legal translation. It will certainly make for interesting reading when it arrives.

There can be dire consequences from not translating legal content.

The Siemens bribery trial was characterised by many this past summer as a trial ‘lost in translation’. For those who don’t remember or know the topic, this case is about public contract No. 8002 which the German company Siemens secured and signed in 1997 with the Hellenic Telecommunications Organisation (OTE) which was then publicly owned in order to digitise its network. The investigation of the case was launched by Greek judicial authorities about a decade ago and, as a result, 64 suspects were brought to trial. Amongst them were 13 German nationals, executives of the German company, as well as a French-Swiss banker. According to the indictment, the defendants allegedly bribed Greek politicians and public officials to secure the above mentioned public contract.

On the 12th of July the three-member Court of Appeals in Athens suspended proceedings in the Siemens scandal case for an indefinite period, because the subpoena and the bill of indictment hadn’t been translated into the defendants’ native language. The Court accepted the plea filed by the non-Greek defendants and suspended proceedings until the translation could be completed, even though this suspension could lead to the crimes being prescribed under the statute of limitations. Of course, that is the only decision the Court could have reached, since the right to interpretation and translation for those who do not speak or understand the language of the proceedings is enshrined in Article 6 of the ECHR, as interpreted in the case-law of the European Court of Human Rights and is further specified by the Directive 2010/64/EU of the European Parliament and of the Council. According to the Directive the Member States should ensure that there is free and adequate linguistic assistance, allowing suspected or accused persons who do not speak or understand the language of the criminal proceedings fully to exercise their right of defence and safeguarding the fairness of the proceedings. Article 3 of the Directive also makes it quite clear that, “Safeguarding the fairness of the proceedings requires that essential documents, or at least the relevant passages of such documents, be translated for the benefit of suspected or accused persons in accordance with this Directive.  Certain documents should always be considered essential for that purpose and should therefore be translated, such as any decision depriving a person of his liberty, any charge or indictment, and any judgment.”

So quite rightly not translating legal content essential for the case was characterised as an even bigger scandal than the Siemens scandal.  The Translation Service of the Ministry of Foreign Affairs, to which the translation of those documents was assigned, initially stated that all the documents sent to it by the Prosecution Service at the Court of Appeals were translated in time, while the Prosecution Service denied that that was so. After a number of further denials of each side’s claims by the other side, as well as disciplinary actions against State Prosecutors, the Translation Service of the Ministry of Foreign Affairs delivered the translation of the bill of indictment in the German language on the 15th of September.

But what can we learn from this case about the consequences of not translating legal content?

  1. What happened confirms that legal translation is still considered as an unnecessary and trivial service in Greece, even by some legal professionals themselves. It is worth noting that in the preparatory stage of the proceedings a State Prosecutor didn’t grant the request for the translation of the bill of indictment made by the non-Greek nationals, on the grounds that the defendants had already provided a statement of defence and had been apprised of the charge sheet, therefore the translation of the bill of indictment was not necessary. The content of legal documents though is what determines the outcome of a court case. In criminal matters, by issuing a bill of indictment the Judicial Council is in effect deciding to bring the defendant to trial, if it finds that there is sufficient evidence to support the charges against him. The content of that document will shape the defendant’s defence and will determine a number of other rights that he has under Greek law, such as =his right to appeal the decision of the Judicial Council. Let’s hope that the Siemens story doesn’t need to be repeated, before we can realise how important the translation of legal documents is, both in and out of the courtroom, and what consequences not translating legal content can have.
  1. The services of legal translators should be engaged from the outset in legal cases where it is anticipated that there will be a need for legal content to be translated, in order for delays of this kind to be avoided. Legal translators are not only valuable, but also necessary aides in cases where there are foreign elements.  So choose your translators from the outset and keep them updated about any developments or changes in your case. How much faster would the Siemens case have progressed from one stage to the next, if the services of legal translators had been engaged from the beginning and if the translation of every essential legal document had been secured right after it was drafted?
  1. Assign the translation of your legal documents to specialised translators, who know the legal system of the country in which the documents are being drafted, as well as the legal system of the country into whose language they are translating. Let’s not forget that the essential aim of the translation in the Siemens case was to provide the foreign defendants with the opportunity to exercise their right to defend themselves. No matter how good the German language skills of the translators are, if they are not familiar with the legal system of Greece, they won’t be able to grasp the meaning of the terms found in legal documents. No matter how well they know the Greek legal system, if they are not familiar with German legal terminology as well, they won’t be able to choose the most suitable term, in order to fulfil the aim of the translation for its final recipient.

Besides the Siemens case, there are also other cases where not translating legal content had adverse consequences and often incurred extra costs. A recent excellent example we have already highlighted was the WhatsApp

Sources: http://www.cnn.gr/news/ellada/story/42369/areios-pagos-peitharxiki-dioxi-kata-trion-eisaggeleon-gia-tin-ypothesi-siemens

 

By Eva Angelopoulou

Eva is an English / German to Greek legal translator. She holds a Master’s in Law and a Postgraduate Degree in Specialised Translation. She worked as a legal practitioner in Greece for 7 years and has been bringing her expertise and knowledge to the translation industry for the last 3 years. She is an SDL-certified translator and is obsessed with languages. Besides working with language, she also really enjoys travelling. She has lived in Greece, Germany and Belgium and is now based in Ireland.

Over recent years there has been increasing interest in ‘professionalizing’ legal translation and court interpreting, with a series of academic papers on the subject, many of which are of interest to legal translators and court interpreters. Much of this has been as a direct result of  Directive 2010/64/EU on the right to translation and interpretation in criminal proceedings, which has stimulated debate across Europe on the need for better court interpreters and highlighted the importance of getting legal translation right. Against this background, this November Cambridge Scholars Publishing will release a book on legal translation entitled “Towards the Professionalization of Legal Translators & Court Interpreters in the EU”, edited by Martina Bajčić and Katja Dobrić Basaneže, both of whom teach at the Faculty of Law in Rijeka, Croatia.

The description of the forthcoming book provided by the publisher is as follows:

“The profession of legal translators and interpreters has been unjustly neglected despite its relevant role in international and multilingual legal settings. In order to bridge this gap, this volume brings together contributions from some of the leading experts in the field, including not only scholars, but also internationally acclaimed professional legal translators and interpreters. Coming from different EU Member States, the contributors address the status quo of the profession of legal translators and interpreters within their respective states, while proposing ways to raise the standards of the profession. In particular, effort is made to make the profession more uniform Union-wide in terms of training and accreditation of legal translators and interpreters and quality of their services. Topics covered include ISO standards for interpreting services in judicial settings, EULITA, Directive 2010/64/EU on the right to translation and interpretation in criminal proceedings, legal translation, translation of multilingual EU legislation, document translation, whispered interpreting, and the need to introduce uniform programmes for the education and training of legal translators and interpreters. Offering a mix of theory and practice, the book will appeal to scholars, practitioners and students with a special interest in legal translation and interpretation in the EU.”

Certainly sounds like it will make an interesting read for legal translators and court interpreters, though the book is set to retail at £ 61.99, which may mean it has a small audience.

Translation of legal documents and complicated legal language

On 29 June, I attended an interesting afternoon about the drafting of legislation and some of the difficulties it poses, with some discussion of the translation of legal documents thrown in too and a lot of interesting input from the audience from legal interpreters who often have to deal with the complexities of legal language and explain them to the ordinary man.

6 speakers presented different issues relating to law and language (and raised the topic of legal translation). Brief summaries are set out below that highlight the key issues of interest in the translation of legal documents.

Hayley Rogers, a UK legislative drafter, outlined the UK legislative drafting process and some of the difficulties it presents. She argued that legislative drafters tend to see themselves as ‘architects’ but often the practicalities of the drafting process mean they are actually more akin to ‘cowboy builders’ creating chaotic-looking legislation because of a series of constraints (primarily political and policy-related) imposed on the drafters.  So instead of striving for perfection they often just have to cope with the world ‘as it is’. This may resonate with legal translators who face demands for perfection from clients, but are constrained by real world factors like short delivery deadlines.

Prof. Maria De Benedetto spoke about how the language of the law is often incomprehensible to the layman, how it is a language of the elite, and outlined some of the techniques those who speak the language of the law utilise to maintain their elite status, such as reliance on Latin when ordinary people are unlikely to comprehend it.

James Hadley is new to legal translation as a discipline but comes from a strong background in translation theory. He is currently involved in a project being run by the Institute of Modern Languages Research (IMLR) in partnership with the Institute of Advanced Legal Studies (IALS) exploring some of these key questions that arise when laws and legal documents need to be translated from one language to another. His presentation looked at equivalence and legal translation and his working hypothesis is that equivalence (defined as “the notion that a translated text produces the same effect for its readers as the source text did for its own” may be demonstrable in legal language.

He posited that those who are capable of doing legal translations properly will need to have a very specific skill set, represented by the following Venn diagram:

The skill set need for the translation of legal documents

The skill set need for the translation of legal documents

 

Nothing original here, but it is always good that key issues in the discipline are presented to new audiences and that more people become educated about legal translation and what it entails, who can do it, and so on.

It will be interesting to hear more about his research as it becomes available.  According to the School of Advanced Studies website, the larger project that Hadley’s research relates to will look at who legal translators should be, how to assess the quality of their work, and what issues reading a legal document may raise from a language / law viewpoint.  Legal translation is taking place all the time, and may entail the translation of laws that have the same effect as the original language version in bi- and multi-lingual jurisdictions. Outside of an institutional context, that sort of legal translation is a rarity. Much more common is the translation of legal documents for other reasons: international commerce, the purchase of land, employees working in other countries needing to know their rights. Legal language is complicated though; often dubbed negatively as ‘legalese’ which is difficult to understand even for native speakers of the source language. To quote the School’s announcement about the upcoming project, “That being the case, and legal traditions around the world being so variable, it is easy to see how translating legal documents from one language to another would be no mean feat. Even if you do happen to speak both languages, you also need to understand, and be able to reproduce the respective forms of legalese with an extremely high degree of technical accuracy.”

William Robinson, Associate Research Fellow at IALS, spoke about the complexities of the EU drafting process, highlighting the important role of translators in the overall process.

Stephen Neale, Professor of Philosophy and Linguistics, examined the question of ‘interpreting’ the meaning of words and highlighted the importance of context in coming up with good and bad faith interpretations of what legal words actually mean. He pointed out that judges, often considered to be the final arbiters of what the law ‘means’ often don’t have a strong grasp of linguistics, and gave some examples of ‘weird’ outcomes in cases where the judges appeared to go against the ‘common sense’ meaning of the words. His assertion is that there is a set of heuristics we use all the time to figure out the common sense meaning intended by others and that intrinsically we all know when an ‘interpretation’ is in bad faith.

Jerome Tessuto provided a data-driven analysis of how writing styles and language conventions from one country can influence those of another, by looking at the impact of English arbitration legislation on Singapore’s arbitration legislation.  He pointed out that while deontic modality, and the use of shall in particular, is on the decline in English legislation because of the impact of the Plain Language movement, his data revealed that it was still important in Singaporean legislation, though an audience member who was a legislative drafter from Singapore pointed out that recently that has begun to change.

 

 

Contact


If you would like further information about the specialised services we provide, or need a quote for a translation please feel free to contact us.

Name
Email
Message

Thank you for your message! We will get back to you as soon as possible.
There has been an eror in the form. Please validate the required fields.
© Copyright 2014 JurTrans - Google+ - Powered by doubledot