Language barriers in American courtrooms may complicate proceedings, and hence, interpreters are required to communicate effectively with non-English speakers. Court players and legal practitioners must know how to work effectively with interpreters to ensure fair and just processes. 

The article below outlines six significant lessons on how to work with interpreters to ensure fair legal proceedings.

Interpreters Provide Equal Access to Justice

Interpreters facilitate language access so LEP individuals can fully participate in the judicial process, not merely give evidence or statements. All court systems have obligations under federal laws, such as Title VI of the Civil Rights Act and California’s Americans with Disabilities Act (ADA), to give qualified interpreters to ensure the judicial process is not creating inequity in treatment. 

Litigants navigating legal proceedings with interpreters will want to work with skilled legal representatives. An experienced injury lawyer in St. Louis working with interpreters gives better communication and better representation of their clients.

Individuals have the right to interpreters in criminal and civil cases, depositions, hearings, and trials. Access to interpreters is an essential feature of due process, and the court cannot ensure it can lead to mistrials or appeals. 

Attorneys should determine early in the court process whether the court can provide an interpreter. If not, the attorney must ensure certified interpreters are hired through a reputable agency.

Certification Makes the Difference

Not all interpreters are the same. Certified court interpreters in the U.S. have completed special training and testing to show they know. They can demonstrate mastery of the legal vocabulary, simultaneous and consecutive interpretation, and ethics for interpreters. 

For example, in federal courts, you may find that often, the interpreters are certified by the Administrative Office of the U.S. Courts; state courts may also use the same certification or have their certification programs.

Verify that you have an able and fitting interpreter before you begin. Ask for proof of certification and/or experience in legal practice to leave no doubt about the integrity of the interpretation.

Ethical Norms Regulate the Interpreter’s Behavior

Interpreters also operate under rigid ethical guidelines for their profession, including neutrality, confidentiality, and accuracy. They must interpret all that is said, whether emotionally or even if the language employed is abusive, without adding to, subtracting, or altering what was said. Interpreters will also refrain from engaging in private conversations with the participants to maintain impartiality.

Treat your interpreters like neutral or independent professionals. Refrain from asking them for legal advice or opinions, and ensure that your communication is conducted through the interpreter for transparency.

Preparation Makes Interpreters More Effective

Interpreters provide a much better service when they can prepare themselves. Providing your interpreter with the source materials from the case (pleadings, witness lists, including glossaries of technical terms, etc.) allows the interpreter to anticipate an unfamiliar legal language or industry-specific terminology. 

This is particularly important for injury trials where proceedings may include medical or technical details about the injury.

Send relevant documents, along with the agreed-upon confidentiality arrangements with the parties. Also, during the proceeding, you should speak clearly and moderately and avoid idioms and colloquialisms that may not translate adequately.

Cultural Nuances Affect Communication

Language and culture are intricately related, and interpreters often have to manage cultural nuances that would otherwise affect that understanding. 

For example, a witness may gesture or reference a visual component, and the interpreter must interpret both statements to communicate the intention adequately. The witness may also have used an indirect statement, and if not interpreted accurately, this could cause some confusion.

It is essential to be aware of different cultural practices. If you feel something seems exploratory, discuss it with your interpreter. Sometimes, allowing more time for clarification is important to ensure accurate communication with your interpreter and, ultimately, with the witness.

The Impact of Technology

In-person interpretation is still the gold standard, but additional options, such as video or even a telephone call, are being utilized more frequently for remote interpretation. This is especially important in rural courts or in languages that are less common to hear. 

Technical difficulties with remote interpretation make it more challenging to guarantee the most accurate interpretation, as they do not provide consistent audio quality (e.g., static, dropped calls, etc.) with mediocre connectivity.

Although telecommunication equipment changes quickly, test your equipment to the best of its ability and have a backup plan if you experience a technical disruption (e.g., in-person interpreter, reschedule).

Endnote

Effective working with interpreters in American courtrooms is not merely a procedural necessity – it’s a cornerstone of equitable justice. With the mastery of these seven key practices, from certification to cutting-edge technologies, legal professionals can uphold the rights of all parties in a multilingual system of justice. 

Working with experienced attorneys familiar with the nuances of interpreter-assisted proceedings further strengthens your case, making it clear, equitable, and triumphant in pursuing justice.

Milos Milosevic

Milos is an experienced digital marketing and communication strategist, based in Bergamo, Italy. He is skilled in search engine optimization, content development and promotion, translation and localization. He is proficient in English, Italian and the Western Balkans languages.