Category: quality of legal translation

Does reputation matter?

What happens when a supreme court plugs MT into its website?

Check out the images below:

errors in translated name of supreme court errors in translated name of supreme court errors in translated name of supreme court

Remember we are talking about Greece’s most important court. Not just any old court.

Note that the court’s full and proper name already appears on its website in English.

It’s the MT plug-in that consistently gets it wrong.

The versions that appear in the reel are just some of the many different variants that it comes up with.

Words in law matter – even translated words

Critics will say, he’s going on again about MT, and that the translation is provided for information purposes only so there’s nothing to worry about.

Critics will also say that the court is offering the public a service, doing us a favour.

Are they?

Nothing could be further from the truth.

In fact I’d say it’s a disservice. To reiterate: Words in law matter – even translated words

If the name of the court (something simple and straightforward) can’t be got consistently right, what does that say about the rest of the content generated?

Can anyone reading the machine-generated output think this is useful or helpful to them in any way?

When is a “service” not a service?

Let’s delve a little deeper into the idea that this is a service.

If you boil things down, a service is something you seek out, you pay for (typically) and which adds value.

A service involves doing something for someone that is valued.

It involves applying skill, competence and expertise for the benefit of another.

Providing automatically-translated versions of court judgments, while well-intentioned, hardly meets those requirements.

Broader considerations

It also raises several important legal policy and access to justice considerations.

Even if such translations are labelled as “for information purposes only” (often disclaimers like that are missing) and are viewed by some as better than no translation at all, there are valid counterarguments to consider:

Legal and Ethical Responsibility: Courts have a responsibility to ensure that their communications are clear, accurate, and accessible in the language of the court.

Why should that be any different if the court opts to provide translations?

Offering substandard translations could be seen as neglecting this responsibility, potentially undermining public trust in the judicial system.

Reliance and Legal Consequences:  Relying on machine translations for legal decision-making, even when they are marked as “for information purposes only,” poses significant risks, especially for those without access to professional translation services.

Court judgments, like other legal documents, are filled with complex terminology and nuanced language that machine translation often fails to accurately capture.

This can lead to misinterpretations about legal rights, obligations, and the judgment’s implications, resulting in incorrect decisions or unnecessary time and expense spent consulting legal advisors to correct misunderstandings.

Equal Access to Justice: Access to justice implies that everyone, regardless of language proficiency, should have equal access to legal information.

By providing low-quality translations, non-native speakers are disadvantaged, potentially violating the principle of equality before the law.

Recommendations

To address these issues, several recommendations could be considered:

Clear Disclaimers and Guidance: Provide clear disclaimers about the limitations of machine translations and guiding individuals to seek professional translation or legal advice for critical matters. 

Improving Translation Quality: Invest in higher-quality translation services, potentially combining machine translation with human review and editing, to ensure accuracy.

Consult with experts in legal translation: Develop a policy for your legal translations that helps reduce your exposure to reputational risk

… following on from yesterday’s post about AI essentials for lawyers with some thoughts on how that relates to legal translation

1. Generative AI in the Legal Sector: Legal translators have a head start here. They’ve been using neural machine translation (NMT) for several years now.

While it can be helpful in some instances, it may not fully grasp the nuances of legal language or be suitable for all legal documents.

Expert human translators remain indispensable. Without them the risks are high.

2. AI’s long-term impact: Legal translators are no strangers to technological developments. They monitor those developments and integrate tools into their workflow when appropriate. They’ve been doing this for a long time and will continue to do so.

3. Opportunities and risks: Legal translations generated without any human involvement put you at risk of having a document in which legal terms and concepts have been misinterpreted.

This can lead to significant legal repercussions.

Cost reduction may be a legitimate objective but when the price is someone’s freedom, rights, money, etc.

4. Intellectual property and data risks: Legal translators are well aware of the data risks of free MT and AI platforms.

Client confidentiality is a key concern for the profession.

NDAs and codes of professional codes of ethics covering these matters are common.

Sensitive legal documents should not be put through free MT or AI systems

5. Cybersecurity risks: GDPR awareness among legal translators is high.

6. Integrity of output and ethical concerns: Legal translators are familiar with NMT, a form of AI, its uses, and shortcomings.

Omissions, inconsistent renderings of key legal terms, are common in such systems. All these affect integrity of the legal words being translated.

The output suffers from an “illusion of fluidity”. Your clients need accuracy not something that appears accurate.

Can you guarantee that?

7. Reputational risks: Poor translations resulting from over-reliance on AI can damage a law firm’s reputation in the eyes of its clients.

Lawyers should be wary of trusting the machine too much given the complex nature of legal language.

Do you have policies in place to manage these risks?

8. Regulatory and professional responsibilities: Consider your professional duty to act diligently and safeguard your client’s interests.

Is providing a free / fast translation actually serving your client’s bests interests?

Think about how this ties into your own professional code of conduct

9. Risk management strategies: Lawyers are risk managers.

Legal translators are risk managers.

Expert translators exercise judgment and make informed decisions on the appropriateness of certain renderings of translated terms in a legal context, a skill that AI lacks.

They can also spot errors in the source document and point them out saving egg on your face.

10. Considerations for use in legal practice: Work closely with your legal translator.

Let them decide what tool is appropriate for the translation.

It may involve MT / AI.

It may not.

Trust in their expert knowledge.

Words matter in law – even translated words.

 

If you want to learn more, check out some research into this topic:

https://shorturl.at/nCL17

 In mid-November 2023 the Law Society of England and Wales released a short guide on the essentials of Generative AI for lawyers.

Check out our short 10-point summary …

Generative AI in the Legal Sector:

The emergence of generative AI in the legal sector offers new possibilities for increased technology adoption but also introduces various risks.

AI’s Long-term Impact: The long-term impact of generative AI on the legal profession is uncertain, though some law firms are already using and investing in these tools.
Opportunities and Risks: Generative AI may present opportunities for improved service, cost reduction, and meeting new client demands, but also comes with risks such as data and technology risks.
Intellectual Property and Data Risks: Concerns include potential copyright infringement, misuse or disclosure of confidential information, and data protection risks.
Cybersecurity Risks: Vulnerabilities to hacking, data breaches, and corruption of data sources are significant concerns.
Integrity of Outputs and Ethical Concerns: Generative AI could produce misleading or inaccurate outputs, and reflect societal biases present in training data, leading to unfair results.
Reputational Risks: Negative consequences for clients could lead to reputational and brand damage.
Regulatory and Professional Responsibilities: Ensure a comprehensive understanding of, and strict adherence to, regulatory and professional responsibilities, especially in relation to the use of generative AI within your legal practice.
Risk Management Strategies:  Conduct meticulous risk management by rigorously fact-checking all information. Perform due diligence in your practice. Always ensure compliance with all legal and ethical standards.
Considerations for use in Legal Practice: Examine the use of generative AI tools in your legal practice thoroughly, focusing on data management and client communication. Regularly assess the tool’s relevance and the added value it provides, while weighing these benefits against the potential risks involved.

Keep your eyes peeled for a follow-up post on how all this relates to legal translation

For legal translators the links are clear but our next post will spell them out for lawyers and law firms

Last year I spoke at the ELIA Together 2020 conference, exploring the question of whether legal translators are liable for the translations they do. The results presented were based on a survey carried out among around 260 professional legal translators. The main finding is that liability appears to lie elsewhere.

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The presentation can be found here.

So the search for liability in the legal translation sector goes on.

This year I’ll be talking at ELIA Together 2021 about whether language service companies (LSCs) that offer legal translation services are ever found liable for the legal translations they do. Again it’s based on a survey of LSCs.

If you’re an LSC or know an LSC that provides legal translation, consider encouraging them to fill out the survey. It can be found here.

Excellent news as the LLM in Legal Translation is relaunched as a blended learning degree.Continue Reading..

Stop press:

Making sense of adversarial interpreting – a seminarContinue Reading..

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

The role of legal translators, and of legal translation as an activity, is attracting increasing attention, with a host of conferences having been organised on the subject or closely related topics in recent years.

I’ve recently returned from a very interesting and productive conference in Seville entitled, “From Legal Translation to Jurilinguistics: Interdisciplinary Approaches to the Study of Language and Law” held at the Universidad Pablo   de Olavide in late October.

The recent conference in Seville emphasised the important role legal translators have to play

The recent conference in Seville emphasised the important role legal translators have to play

Some of the key themes that emerged at the conference for me were:

  • The vital communicative role that legal translators have to play

Prof. Jan Engberg, an expert in knowledge communication, stressed that legal translation is all about the translator being able to communicate specialised knowledge so that people (typically but not always lawyers) in one knowledge community can understand what is being said by people in another knowledge community. Legal translators mediate and broker the transfer of that knowledge and are interested in solving the linguistic problems that emerge in conveying knowledge. Their primary goal should be to create a text in the target situation that can be read in the right way by its audience. He stressed the importance of comparative law in this regard; which brings us to the next major theme at the conference.

  • The importance of comparative law skills for legal translators

Another broad theme at the conference was the importance of comparative law, and the importance of a transystemic approach to the study of law to enable legal translation to occur more easily because of greater understanding on the part of legal translators of what the concepts involved mean in, and across, legal systems; a topic addressed by Prof. Emerich in her keynote address.

  • How important it is for legal translators to correctly position themselves in the market

Building on the vital communicative role legal translators play, Juliette Scott, emphasised in her presentation the importance of legal translators correctly positioning themselves in the market, and stressed how important it is for legal translators to choose the correct terms when referring to themselves, primarily because of the impact this has on how the market perceives them as professionals.

  • The growing importance of corpuses for identifying language patterns and for aiding consistency and improving quality in legal translation

In her keynote speech Prof. L. Biel examined the historical development of corpuses in translation and discussed the importance of corpuses so far as a research tool. Since legal language is highly patterned and formulaic, corpuses are proving useful in identifying these patterns; though some translation studies have indicated that despite such high formulaicity, translators often have a tendency to use their own phrases rather than the patterns that would typically be used in corresponding target language texts. Somehow “translation as a process” is interfering. It is to be hoped that corpuses can be operationalised to ensure greater consistency across languages to improve translation quality. Gianluca Pontrandolfo also presented interesting corpus-based research on judicial phraseology, and several other speakers provided practical examples of how corpuses can promote better quality legal translations.

  • The need for better quality legal dictionaries

On a related point, several speakers analysed the difficulties one often encounters with legal dictionaries and presented projects aimed at creating better quality legal dictionaries or glossaries, presenting some interesting methodologies such as the ‘least bad possible equivalents’ for terms when two legal systems do not have the same concepts (Frison & Gavrilova) or a participative, interactive glossary-development process (Fiola).

  • The role of the EU’s directive on translation and interpreting in criminal settings

Several other papers addressed the progress made so far in adapting the law in various EU countries to the requirements of the recent directive on translation and interpreting in criminal settings, revealing that transposition has not always been a smooth process.

 

 

In the world of legal translation, getting the translation right is vital. Poor quality translation can be costly for the parties involved as a recent case from India indicates, when the court imposed a fine after one of the parties filed a text packed with poor grammar, incorrect sentence construction, wrong choices of words and inappropriate punctuation.

NDTV reported a few weeks ago that the Indian Supreme Court imposed a fine for a poor quality translation of a judicial order from a lower court on the grounds that it was ungrammatical and difficult to comprehend. The report indicates that the judges had to spend considerable time attempting to figure out the intended meaning of the court order because of the grammatical errors in the translation. It appears that the lawyer in the case failed to check over this specific legal translation before submitting it to the court and was reprimanded by the court for failing to do so.

The moral of the story: commission people skilled in legal translation to do the translation for you, and ensure your documentation is proofread by someone else, or at the very least reviewed by you before using it.

 

 

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