Juristische Übersetzungen Legal Translations. Commissioning legal translations. Tips for lawyers - a short guide

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1 Commissioning legal translations Tips for lawyers - a short guide

2 The growth in international business has led to an increased need for cross-border legal advice. Foreign clients require advice at home and domestic clients need advice abroad. In such scenarios it is only natural for at least one additional language to be involved. Contracts will be entered into and correspondence will take place in a language of which your client may, in some cases, have absolutely no knowledge and, in other cases, may only have an insufficient command. And when disputes arise your client will not understand the language of the court either. As a lawyer working in the field of international law it is likely that you will therefore find yourself having to commission translations, at least on occasion. Some large law firms have in-house translation teams which can usually meet the firm s requirement, working with freelance practitioners or translation agencies when volumes exceed their capacity. In firms where translation work does not warrant an in-house team, external translators deal with all needs arising. I frequently meet lawyers who have had less than satisfactory experiences with translators and translation agencies. Has this happened to you? In such cases you may find yourself having to revise translations under extreme time pressure and, at worst, having to redo parts of the translation or have it redone completely. In the legal field precision and speed are, of course, extremely important and it is therefore absolutely imperative that you work with reliable translators. In this short guide you will find useful addresses, tips and information intended to help you commission translations successfully and to find a translator suited to your needs to ensure that you receive the best possible translation. Three steps to the result you want: 1 Freelance practitioner or translation agency? 2 The right translator for your translation 3 Awarding the contract

3 1 Freelance practitioner or translation agency? How long is the document to be translated? How fast do you need the translation? How specialised is the topic? These questions are some of the ones you should consider before you decide on a translation professional. In the translation industry you will find a wide range of language service providers from large translation agencies to individual freelance practitioners. Here are a few pointers to help you make your decision. Agencies can translate large Advantages of agencies volumes of words quickly and can handle numerous language combinations because they work with many translators who are resident in different time zones. Nachteile Disadvantages von Agenturen of agencies As the person commissioning the translation you have no control over who will actually produce your translation. Just because you have had good experiences in the past does not mean that future translations will be of the same quality or that they will always be carried out by the same translator. This can be costly in terms of time and also means that information can get lost in the process. Irrespective of how professional the websites of translation agencies may appear, for many agencies it is common practice to send confidential documents which they have been asked to translate to several hundreds of translators in their search for the lowest price offer. A confidentiality agreement between you and your translation agency does not prevent this since translation agencies also have confidentiality agreements with all of their translators. If you regularly Advantages of freelancer practitioners commission translations and always commission the same translator you can rely on the translations always being of the same high quality. You will be able to build up a partnership with your translator and to count on your documents always being translated in a consistent manner. If the translator has questions about the source text or if you have questions about the translation, you and the translator can discuss these directly. This can be done swiftly and easily and is absolutely essential for a good translation. Since agencies need to make money themselves and have high overheads, translation agencies tend to pay their translators unreasonably low rates. As a result, the best, most highly qualified and highly experienced translators do not work for agencies meaning that you will be unable to access them in this manner. Agencies generally do not allow any direct contract between the customer and the translator. The translator can usually only put any questions he or she may have to inexperienced project managers who then pass on your responses to the translator. Working with a freelance translator means that you always have direct contact with the person translating your document. You can discuss any style or terminology requirements directly with the translator thus ensuring that you receive the best possible translation for your client. Freelance translators generally Disadvantages of freelancer practitioners work alone. They cannot translate several hundreds of pages unless they are given advance warning allowing them to form a team with other expert practitioners.

4 2 A The right translator for your translation selection of professional associations for translators in the UK and the US: If you search for terms translator and law on the Internet you will find information about legal translation and the websites of large translation agencies. It is unlikely that you will find small specialist legal translation agencies, freelance legal translation practitioners or sworn translators on the first page, because they will not see search engine optimization as a priority, usually having their own existing clientele. Wo Where und and wie how finde can ich I find einen a translator? Übersetzer? Professional translators are members of professional associations such as the Chartered Institute of Linguists (CIOL) in the UK. These professional associations usually have a translator database of their members on their websites. These databases allow you to select, amongst other things, the required language combination and the specialist field concerned. The translators listed in these databases must meet certain membership criteria and are therefore a safe choice in an industry which is unfortunately not regulated in any manner. Members of these professional associations work professionally and abide by the codes of conduct of their associations, regularly participate in training courses, and are up-to-date with the developments both in the translation industry and in their specialist fields. Chartered Institute of Linguists (CIOL) Institute of Translation and Interpreting (ITI) American Translators Association (ATA)

5 3 What Awarding the contract In order to ensure that you receive the best possible translation and to save valuable time, your translation enquiry should contain answers to the following questions in addition to the document to be translated: is the purpose of the translation? Is the translation required for information purposes? Will the translation be the legally binding document? Is it to be published? If the translation is going to be published, it is likely that you will want the translator to spend additional time polishing the final text. Perhaps you would also like the translation to be proofread by a second translator. If the translation will be the legally binding document, you may want the translation to be done by a lawyer qualified in the relevant jurisdiction. If, on the other hand, you are currently in important time-critical contractual negotiations, you will be interested in a swift and precise translation but perhaps less in a final polish. Or perhaps you need a certified translation for which the requirements and the accreditation procedures differ from country to country. Do you require a certain variant of the target language? There are not only differences between the spellings of certain words in British English and American English but also terminological differences: for example, just as the English legal system uses different terminology to the US legal system, other languages which are spoken in more than one country (French, Portuguese and Spanish to name but a few) also have country and legal system-specific terminology. If it is important to you or your client that certain terms are used, it is best that you clarify with the translator in advance whether this is possible. Do you have a glossary or a list of the terms which should be used? Providing reference documents and any sources of cited law will also help your translator to produce the best translation for you and your client.

6 What else? If possible, plan ahead! A document that you have been working on for days or even weeks cannot be translated in just a few hours. Find out in advance how long your translator will need for your translation and ask him or her to reserve time for it. If possible you should provide your translator with your document in a processable file format. PDF files are difficult to work with and will therefore often incur a surcharge. If you make changes to the translation, have them checked by the translator. There is nothing worse than an excellent translation with a few errors that have been added later on. How do legal translations differ from other translations? Legal translations are highly specialised and require more than simple language skills. Legal translations must be correct and accurate and do justice to important shades of meaning. In order to be able to meet these requirements legal translators do not only need to be familiar with the legal system governing the source text and the legal system of the target language, but must also understand the content and the function of the text to such a degree that they are in a position to decide on a suitable translation strategy on the basis of the purpose of the translation and the customer s requirements. Only into the native language but not simply a native speaker Professional translators only translate out of the foreign language into their native language. This ensures that the translation will be looked on favourably by your client and that mistakes do not creep into the translation which could cast doubt on your competence as a lawyer. However, simply being a native speaker is nowhere near sufficient. The translator must also be a master of his/her specialist field. If not, the worst case scenario is that you will receive a translation which, although it may read perfectly fluently, does not reflect or even completely distorts the precise content and meaning of the original.

7 I hope that this short guide has given you an insight into the world of legal translation and that, with the help of the above tips and your cooperation with qualified legal translators, your work with international clients and on cross-border projects will be productive and successful. Karen Rückert is an English native speaking specialist legal translation practitioner with a Masters in Legal Translation and has been producing specialist translations for lawyers in the field of commercial law from German into English for over 10 years. Karen Rückert MA Legal Translation BDÜ MCIL Publicly appointed and sworn translator for the English language for Baden-Württemberg, Germany Karen Rückert MA Legal Translation BDÜ MCIL Öffentlich bestellte und beeidigte Urkundenübersetzerin der englischen Sprache für Baden-Württemberg Otto-Hahn-Str. 43 D Wernau Tel Mob info@juristische-uebersetzungen-rueckert.de info@legal-translations-rueckert.com Karen Rückert

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