Translation Services

Certified Translations for Translation Agencies: The Good, the Bad, and the Unacceptable

By C. K. Eichbauer

 

Like many of my freelance colleagues, as a certified translator, I have provided certified translations to a wide range of clients over the years. Generally, they fall into two categories: direct clients and indirect clients. My direct clients, i.e. those who approach me directly, include private clients who are most often looking for certified translations of personal documents (birth certificates, etc.). Then there are corporate clients who get in touch because they are looking for a professional translator to translate marketing materials or financial documents, etc. and prefer to deal with the translation professional directly instead of a large language service provider, aka an agency. The advantage of working with direct clients is—you guessed it—that I can communicate with them directly. Although it is more time-consuming, the direct connection to clients allows me to ascertain their needs, ensure good customer service and deal with any issues or questions that may arise. And it makes better business sense.

Nevertheless, I also work for indirect clients, mostly translation agencies. They serve as the intermediary between me and their end-client(s), and frequently approach me for certified translations. In their role as corporate language service providers, they deal with all aspects relating to the end-client. They take a cut for this and I “only” provide them with a certified translation. I have no contact with their end-client and work at a lower rate, because the agency charges a percentage for their part. When all goes well, and I am dealing with an experienced project manager who communicates clearly with the end-client and me, I enjoy agency translations. They allow me to focus on translation instead of customer service and administrative tasks. Over the past 20+ years, I have had the opportunity to work for many different translation agencies across the country, from very large corporations to small regional businesses. I have had some great—and some not so great—experiences. At the end of the day, looking back, the tips I am sharing with you here are based on my own personal experience and on what I have learned. Deciding what works for you and what doesn’t is always a personal decision.

 

Tip No. 1: Know what you are signing

As I write, a multinational translation agency out of New York has just approached me for a certified translation for one of their corporate end-clients. I explained to the project manager that I cannot fulfill her request to proofread and then provide a “non-notarized linguist cert stamped with an ATIO stamp,” as she puts it. I can only certify the accuracy of my own translation, I tell her. Then she requests that prior to doing the certified translation myself now (“the client said it’s okay”), I “quickly sign” a 7-page independent contractor’s agreement. This agreement contains clauses that would essentially expose me to substantial legal risks, third-party audits of my office, etc. I explain to the project manager that as a member in good standing of several Canadian translators and interpreters’ associations, I would be happy to sign an (additional) confidentiality agreement and a non-competition clause, but that I would have to have my lawyer review such a lengthy agreement, which at first glance does not seem beneficial for me. So—you guessed it—I didn’t sign, and didn’t get the assignment.

Another agency—and this is going back a couple of years—tried to pressure me to provide them with a pre-signed certification template on their letterhead. To reduce “mailing cost of certified translations and for efficiency reasons,” they asked that I basically provide them with a “blank signed cheque.” I explained to them that since I have no control over what my signature will be used for—after all, they are based in another province, I’ve never been to their office, etc.—I cannot provide them with such a signed template. Although they assured me that many of my certified colleagues had no issue with doing so, I didn’t accept the assignment.

 

Tip No. 2: Know your worth

As a Certified Translator, you have worked hard to earn the right to issue a certified translation—a legal and/or official document—which may be required and used in a variety of settings (e.g. government, court, etc.). Some agencies I’ve worked with over the years value my service and expertise. They know what my rates are and, although they may ask me for some flexibility at times, they don’t approach me with ridiculous requests. Then there are other agencies that have offered me “very large projects,” “very general texts,” but at a cutthroat rate (e.g. 3 cents per word?!); and with the expectation that I deliver a high-quality certified translation. If an agency tells me that they can get the same service for a ridiculously low rate from someone else, I politely let them go.

 

Tip No. 3: Know the project requirements, delivery, and payment terms

Remember, this is your livelihood and you are entering into a business relationship with an agency. I, for one, always require some sort of assignment confirmation in writing. It may be a purchase or work order, an agreement, or even a very detailed email, clearly specifying the assignment. Before I accept, I need to view the document(s) to be translated. Then I decide how to charge for my work (per word—source or target?—hourly or flat rate). Additional details include: Have you considered or do you charge GST/HST? What will the certified translation (not) include? How will it be delivered (electronically, by mail, courier or Express Post?) How much are they paying you for your services, how (cheque, Interac e-transfer, PayPal?) and by when? I have had some agencies request NET 45 or NET 60 payment terms. In some instances, that is acceptable to me, but in others it’s not. At the end of the day, as a freelancer, I have earned the right and privilege to decide and negotiate what works for me and what doesn’t.

 

Tip No. 4: Know the format and purpose of a certified translation

As I was reminded recently, when neither the end-client nor the agency is clear on what is required, they cannot properly communicate it to us, the certified translators. In this case, the end-client needed an “affidavit” in addition to a translator’s statement/declaration and the certified translation, after the fact. The agency, however, only advised me after I had provided the certified translation to them, that now their end-client wanted an affidavit to authenticate the document. I told the agency that such an affidavit certifying the authenticity of the original document couldn’t be provided by me, because a) I didn’t see the original, b) the original wasn’t complete and c) this was the responsibility of a notary, not a certified translator. The end-client then went so far as to contact my translator’s association to suggest that I was refusing service, which in turn contacted me. It turned out that this was primarily a case of miscommunication in clarifying the requirements. Once everyone was communicating properly, the issue could be resolved by re-issuing the certified translation and including an affidavit authenticating my signature. This was an instance in which not being able to communicate directly with the end-client proved to be quite a challenge.

Throughout the years, I have often found myself explaining to end-clients and to project managers what I can and cannot provide. I explain to them that I will include a certified translator’s declaration or statement with my translation; that I attach the source document to the certified translation, and that I stamp or seal and sign the declaration and the translation. At times, and mainly for court purposes, I have been asked to provide an affidavit in addition to all of the above. Then I ask my agency clients to let me know in advance, so I can estimate notary cost and my administrative charge for this service. If everyone knows what the requirements are and what purpose the certified translation is to serve (court, government agency, employer, etc.) then chances are we are all on the same page.

 

Tip No. 5: Know the scope of your responsibilities

Just the other day, an agency client approached me with the following request: They emailed me a number of financial documents, account statements, etc. together with a form. Instead of providing them with a certified translation of the actual documents, they asked me just to enter my translation of “key information” in a column in their form. The key information required included account services, account history, etc. Their request was for me to review the foreign language documents, select the information, translate only that information and then enter it into a form provided by them for their end-client, presumably a bank. All of this at a low rate, of course. I politely declined, explaining that it was outside my scope of responsibilities to decide which information they/their end client considered to be “key information”. This type of request sometimes comes in the form of “please translate only the most important information in this document,” which I also decline, for the same reason. I then invite the client to mark the sections they would like to have translated and include an appropriate translator’s note in the certified translation.

 

Tip No. 6: Know red flags

Many red flags in our industry are payment-related. My agency clients value the fact that they can rely on me to deliver good quality translations on time. Most of them pay in a timely manner. Nevertheless, I have also come across agencies that are not quite so reliable when it comes to payment. To check whether payment could be an issue with a new agency client, the following steps might help:

  1. Ask the project manager about their payment terms and methods before you accept the assignment. NET 30, NET 60, or more, by cheque, by Interac e-transfer, by direct deposit? If the response is evasive, non-specific or lacking … red flag!
  2. This cannot be stressed enough: Insist on a written purchase order/contract which includes payment terms and method. If the agency refuses to specify anything in writing … red flag!
  3. If the amount exceeds a certain threshold (e.g. several thousand dollars), insist on a 50% down-payment upfront. If the agency has an issue with a down-payment on a large volume project … red flag!
  4. If you have not received your payment on time and when you remind them (always do!) they use excuses like “our accountant is on vacation…”, “we can’t find your invoice…”, etc. … red flag!

 

Tip No. 7: Know how to spot potential fraud

The Internet has provided us with the opportunity to provide translation services nationally and internationally. Unfortunately, it has also made it easier for fraudsters to attempt to scam language professionals. Based on my experience, more often than not, if a request sounds toogood to be true, it is. And, if your gut feeling tells you to be careful, it’s usually a good idea to listen. Depending on your comfort level, you may be fine with providing certified translations to agency clients from other continents or you may not. If you do, though, it’s important toremember that if there are any problems, the physical distance alone would be a hindranceto resolving them. Also, business practices in other countries may differ from the Canadianlegal and business environment, which may impact purchase orders, non-disclosureagreements and contracts. One example here involves upfront payment by cheque(including bank certified cheques), which, based on my experience, you may wish to avoid. The translator provides a quote for a large-volume project, requesting an upfront deposit or fullpayment. The fraudster sends, for instance, a bank-certified cheque to the translator thatsignificantly exceeds the amount due. The fraudster then requests that you pay back theoverpayment by an electronic bank transfer or by a money transfer service, e.g. WesternUnion. Once they have received your payment, the certified cheque is returned by the bank as fraudulent, leaving you out of pocket. Always research your prospective agency clientsthoroughly by visiting their website, perhaps checking with the Better Business Bureau andcalling them directly to ensure that you are dealing with a reputable business. (Ed. We havepointed out this scam in past Voice editions so this should not be new to any of our regularreaders!)

 

Tip No. 8: Know your responsibilities

Usually, when freelance translators provide translation services for an agency, it’s the agency’s job to look after editing and proofreading the translation (usually by a second qualified translator), before delivering the final translation to the end-client. The agency takes a cut for this service and therefore the freelance translator normally earns less than if they were working directly for an end-client. For certified translations, however, the process may be different and thus requires clarification with the client, ideally upfront. Are they reviewing the translation before it is printed and certified? Is the certified translator (you) responsible for your own editing & proofreading (either yourself or by sub-contracting another colleague)? If I do my own editing & proofreading, I charge the agency more to cover this expense. I have also been asked to proofread and edit translations completed by non-certified translators and certify it. Since I am certifying the accuracy and completeness of my own translation, these types of requests are unacceptable to me. (Ed. According to STIBC’s ethics, certified translators may only certify their own translations!)

 

Tip No. 9: Know the importance of confidentiality

Although this is an important component of any association membership for Certified Translators, many agencies require that an additional non-disclosure agreement be signed. If you are working with another certified translator, e.g. for editing and proofreading, ensure that the agency is made aware up front and that the colleague is also included. On the flip side, I suggest reading the NDA very carefully to ensure that the agency is not attempting to restrict your business practices, since they are not your only client. I have been asked to sign so-called non-disclosure agreements that were restrictive in terms of working for other clients or included personal liability clauses, although it is usually the agency that should have final responsibility for a translation if it manages the relationship with the end-client.

 

Tip No. 10: Know the range of technology and services

Technology has come a long way over the last two decades. On the one hand, it has significantly helped language professionals improve the efficiency and quality of their own work. On the other hand, it has also allowed some international agencies to exploit certain freelance translators by misusing the advantages that technology has to offer. Translation memory, for example, originally developed by translators to improve their own efficiency and consistency, is now helping some agencies reduce the per-word rate paid to the freelance translator by using repetitions. Some agencies pass these savings on to their end-clients, but others do not. Some agencies use online platforms to manage, upload and transfer source documents and translations and are now attempting to find ways to digitize certified translations, thus possibly encroaching on our responsibilities as certified translators. While computerizing and automating certain tasks, and using technology to deliver better quality translations more efficiently makes sense, let’s not overlook the human element. With any technology solution I ask myself: Whom does it help in the end? Do I, as a Certified Translator, benefit from the cost-savings and efficiencies? I am running a business after all, and this is my livelihood. Keeping in mind that translation is both a skill and an art involving, among other human abilities, consciousness, technology should serve us, but we should continue to be aware of its limitations.

One of the more interesting aspects of working as a Certified Translator is my own process of continuous learning and then being able to pass on knowledge. In closing, let me leave you with this quote:

In vain have you acquired knowledge if you have not imparted it to others.

Deuteronomy Rabbah

 

Author: Claudia K. Eichbauer

Certified Translator & Certified Conference Interpreter, German<>English

Editor: Aurelia Sedlmair

Certified Translator, German<>English

Article originally published in The STIBC Voice, April 2020.

Freelancers Unite! An Interview with CFU's Paula Kirman

Freelancers Unite! An Interview with CFU’s Paula Kirman

Many ATIA members may have met Paula Kirman of the Canadian Freelance Union (CFU) last year at the AGM in Edmonton, as she gave a presentation to our members on the benefits of joining the CFU. Thank you for joining us, Paula!

 

Q: Why don’t you start by telling us who can join the Canadian Freelance Union.

 

A: The Canadian Freelance Union is a community chapter of Unifor, Canada’s largest private-sector union. Membership is aimed at freelancers working in the media, communications, and information fields, and this can include interpreting and translating. Our members also include writers, graphic designers, website designers, social media consultants, photographers, and videographers.

 

Q: As you know, many associate and certified members of the ATIA do freelance or independent contracting work. Can you tell us about the benefits of joining the CFU for Translators and Interpreters?

 

A: Membership in the CFU offers group rates on insurance: health, home, auto, and liability. As many of us who are self-employed know, insurance can be hard to get – and very expensive. The CFU also offers grievance support, so if you have a client who isn’t paying, you can discuss the situation with someone at the union to decide the best course of action. As well, the CFU has a member’s directory that is available to potential clients who want to hire someone who is unionized. There is also the potential to connect with and socialize with other freelancers. Membership in the CFU helps build solidarity for freelancers in the labour movement. We’re stronger together.

 

Q: Many are drawn to freelancing because it affords translators and interpreters the independence and self-determination of being selective of projects and clients, allowing us to pursue work that we are passionate about. However, this independence can have its downside when it comes to clients’ non-payment of fees or deceptive contracts. How can the CFU support freelancers with problematic clients?

 

A: As I mentioned before, the CFU offers grievance support when it comes to non-paying clients. The situation will be discussed with the member, and an action plan created. Sometimes all it takes is a phone call from someone at the CFU to your client to convince them to pay up. CFU members are welcome to submit questions concerning contracts. Something the CFU is currently working on is more comprehensive contract advice, and contract templates.

 

 

Q: Freelancing also has many draws in terms of lifestyle: building your own schedule, choosing your workload, flexibility, and independence. Unfortunately, this can also mean precarious labour, lack of access to health benefits, and loneliness. What services does the CFU offer to combat these commonly-faced hardships for freelancers?

 

A: Joining the CFU helps build solidarity among freelancers. You can be connected to other freelancers in your area. Here in Edmonton, there is an Edmonton Freelancers Facebook group that I moderate, and we have regular meet-ups. Meet-ups have happened in other cities as well. The union also offers group rates on health, home, auto, and liability insurance, which can be hard to get (and expensive) for precarious workers. Finally, the CFU gives a voice to freelancers in the labour movement, and advocates on behalf of us by standing up for issues affecting us as precarious workers. If you check out our website (canadianfreelanceunion.ca) and social media, you will see articles and information posted to help inform freelancers about pitfalls to avoid and issues of concern, such as the persecution of journalists, shady websites that “hire” freelancers at low rates, and related issues.

 

Q: Certified members of the ATIA must carry errors and omissions insurance, as it is one of the critical ways that the ATIA protects both its members and the public. This insurance does not come cheap, and can be particularly unaffordable for freelancers or independent contractors. Can you tell us a little bit about insurance plans tailored for freelancers?

 

A: The Errors and Omissions insurance offered via the CFU includes Misrepresentation, Professional Negligence, Inaccurate Advice, Libel and Slander, and lost documents. It is an individual plan, not a group one, which means each person would have to get their own quote to see what best suits their needs.

 

Q: Thanks again for joining us to inform the ATIA’s members about the Canadian Freelance Union! Do you have any closing messages for the translators and interpreters of the ATIA?

 

A: More information about the Canadian Freelance Union can be found on our website: canadianfreelanceunion.ca. Also, remember that union dues are tax-deductible as a business operating expense (not on the union dues line on our taxes because we’re not a bargaining union), and the benefits of joining are well worth the annual dues.

Healthy Freelancing Boundaries

When you are a self-employed as a freelancer or contractor, being on the lookout for potential clients is a way of life.  When we find new potential clients, or when there are new inquiries into our work, it is certainly an exciting thing. This is especially the case when we are just starting out, are experiencing a lull in incoming business, or have recently wrapped up projects and are eager to start more.

However, it is important to not allow your boundaries to be crossed by potential clients, even when you are in need of new ones. There may be traps that we can fall into, such as more work required than was stated at the beginning of the contract and clients who assume you are available most times of the day. If we can set reasonable boundaries from the beginning, from the time the initial contract is made, this can prevent you from falling into any of these traps.  Here are some trade secrets for subtly setting boundaries in this line of work:

  • Set project management meetings
  • Get all documents needed before starting work
  • Consider rush fees, revision fees, and deadline missed fees

Set regular meetings to go over progress and any issues. This not only keeps you on task, but can also be very helpful for the client. All too often we are inundated with emails, texts, and phone calls from clients. If we can limit this correspondence to these meetings, it can cut down on the expectation (and overwhelm) of timely replies.

Gathering everything needed before work starts can eliminate the need to drag projects on past their expected deadline. If you find yourself waiting for necessary documents, this can potentially prevent you from working on other projects, as you are saving space for this client and perhaps have not taken on others. Assert this to avoid this potential set back.

A tight turn around time requires hard work in a short amount of time, with little room for maintaining work-life balance. You may consider raising your prices for this. On the flip side, you might also consider setting fees for projects that drag on due to the client’s delay. At times, you may come across clients who never seem to be satisfied – here you can charge a fee for going beyond a set number of revisions that you deemed to be sufficient from the get-go. Finally as a follow-up to number 2, charging for missing documents and missed deadlines on the client’s part may be helpful.

Pro tips:

Manage expectations with assertiveness

The best way to manage expectations, of course, is to set them at the beginning and be extremely consistent and diligent with these contracted expectations. However, in the case that these expectations aren’t respected or maintained, it is imperative to have assertive and direct conversations with clients about this.  In addition, in the very early stages of project discussion prior to contracts being drawn up, remember that you are under no obligation to take on the project if it’s not a good fit for you.  Just because you’ve entered into a dialogue about the client’s needs and expectations does not mean that you are then obliged to take the job on.

Use your intuition by listening to yourself

If you have a gut feeling about a potential client or an offer, then it may not be for you. Listening to your intuition takes skill, including an ability to listen to what your body and “gut” is telling you, an ability to read body language of others, and, of course, an ability to say no.  Sometimes we ignore these for the sake of incoming business, but the outcome could end up being less than beneficial. Always listen to what your intuition is telling you to avoid potential setbacks, negative outcomes, and individuals who may be trying to take advantage of inexperience or financial need.

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Digital Marketing for The World of Languages

How do you market yourself online when you do not have specific goods to sell, but are selling your services?  The answer to this question is content marketing strategies. When you have a service to offer, generating content and an audience online can gather many potential clients. It is defined as the supply of relevant, informative and entertaining web content to the internet user. This content could take many forms, including blogs, tips, research and more.

When content is generated on a regular basis – credibility and trust grows. This is because it provides an opportunity for the service and the client to connect in the digital world. Relationships are built and maintained. It’s the next best thing to networking in person.

As a translator, how do you stand out among other service providers on the market? It’s a difficult thing to do – stand out and assert yourself among others.  However, with good content marketing, it is possible to gain an advantage over the competition through digital relationship building. Many translators seek contracts as sole proprietors, and do not operate with huge marketing budgets, and it becomes important to generate content in a productive, efficient and economical way. Here are steps in doing so.

 Create or refresh your website

The first step to content marketing is to ensure you have a website and that it is performing well.  You may consider hiring a web designer to assist with this process, however it is not necessary with some basic research into how to do this. If your website is already created, you could examine every page to ensure that your links are correct, and that there are no “dead ends”.  You may want to look for and delete content that is outdated, incorrect or repeats. 

 Write content regularly

New content is the basis of this type of marketing.  Websites that create new content often come up higher in Google searches, resulting in better rankings for the website. Thus, content marketing isn’t about creating website pages and being done – it is an ongoing project. Some individuals choose to hire marketing companies for this process, others update content alongside their translation work.  It is recommended that new content be created at least once a month, to allow for this relationship building and for clients to hear you voice through your writing style and skill.

Spread the word around

Now that content is written, it’s time to spread it around. Raising visibility can be done on websites like Linkedin that are dedicated to digital marketing.  There are free community platforms that can be posted to, such as Medium, Flipboard, and Hub Pages.  Social media can be invaluable for spreading the word about your new content. Social media can humanize a business by putting your face onto it and showing your qualifications, experiences, and personal style.  Building followers by engaging with your online community regularly is key to social media success.  This is called “seeding” – when you put your content in a place that your target audience is likely to read it,

Learn SEO

Search Engine Optimization, or SEO, is essential for content marketing. This is where your website comes up in search engines based on the keywords within your website. These keywords are the fundamental concepts that describe your website and any words that a client may use to type into a search engine, like google. Once you have compiled a list of keywords, then integrating them into your website in titles, headings, and descriptions is paramount for SEO. Caution must be used, here, because too many keywords can cause search engines, like google, to react negatively and lower the websites rankings. The goal here is to make your website high on the list of websites that come up in relevant searches – think page 1!

Marketing Strategies for Freelance Translators and Interpreters

?Understanding languages is a pretty good industry to get into. Globalization has increased the need for translators and interpreters to continue to break down language barriers. As such, it can be one of the most satisfying careers, as interpreters and translators have a direct role in bridging language and culture and breaking down barriers.

The translation services industry is growing rapidly, and the demand for effective translators and interpreters remains large. The industry is expected to increase to $38 billion by next year and $45 billion by 2020. Additionally, employment rates are expected to grow by 29 percent until 2024. Some of these rates will be within freelancing or contract work.  Many who are looking to freelance can benefit from marketing strategies that look at ways of gaining new clients and new contracts.  Making real life connections is key. Below are some marketing strategies geared to those who are in the business of language.

If you can commit to talking to at least three different people about your business everyday, you’ll be likely see some changes within your clients, your contracts, and your income.

Social media certainly has it’s place in the marketing world, as long as you are using it consistently in order to build an audience. However, not all marketing should be done on the computer, and meeting your potential clients where they are is equally as important. Do your research, find out where your ideal clients go to network, learn, and grow their businesses — and go there too!

Having a speech prepared that briefly describes who you are, what you do, and what you can offer is key during moments of networking. Whether impromptu meetings or planned networking events, preparing what you will say can help ensure you communicate the information and message you wish to convey. Remember to keep your tone level, your language positive, and use accessible, precise, and plain language. Be sure to tell them how to find you, whether it’s online or your physical work address, and be sure to do it within one minute so you don’t lose your audience. 

Now that you have met new contacts, a key piece to networking is following up, rather than relying on your potential clients to contact you. Following up quickly is key, within 24 hours is ideal. Ensure you mention meeting them, and offer to meet up again. If you follow up via written form, ensure you use professional language and edit thoroughly!

Referrals are the most effective, and cost-effective, way to generate new business, yet asking for referrals can feel awkward. It is important to know your client, so generally using the clients you have the best relationship with is important. You may need to be professional and direct, or more personal and out-of-the-box. You may offer incentives for referrals, and be sure to thank your clients afterward.

Anyone who freelances what they do can benefit from learning and practicing some marketing and network strategies. Freelance translators and interpreter, by nature, have careers that rely upon and build relationships. In fact, your very job includes building bridges between culture and language and deepening bonds between neighbours. Now that’s a great career.