Regina Landeck, Certified Translator (German-English), Association of Translators and Interpreters of Alberta (ATIA)

Introduction to Legal Translation – ICYMI

The ATIA’s own Regina Landeck, C.Tran presented an Introduction to Legal Translation Webinar, made possible by the Canadian Translators, Terminologists, and Interpreters Council (CTTIC). The webinar was free to members of CTTIC’s affiliates, including members of the ATIA and other sister-associations across Canada. In case you missed it, here’s a brief summary of some highlights.

 

Regina is a certified translator (German to English and English to German), an ATIA board member, and a corresponding member of the ATA. She holds a law degree from Germany, a post-graduate diploma in adult education, and a master’s degree in translation. She taught legal translation in the online Translation Certificate Program at New York University for 10 years and continues to operate her own translation business, ProLingua Consulting. Regina teaches translation webinars and is also active as a mentor and tutor to new translators.

 

So what does it take to be a legal translator?

 

Like for all translators, there is a base set of competencies required to accurately translate the meaning of a text from one language to another. More than just the native- or native-like bilingualism and writing skills required to perform the language transfer, translators must also have strong research, editing, and proofreading skills.

 

Then there are specialized translators, who need the additional technical knowledge of their particular field. This includes being bilingual in that field, as Regina reminds us: “Technical writing is its own language,” which often comes with its own writing style and set of conventions.

 

Finally, the legal translatormust be an excellent all-around translator, a specialist translator, and be well versed in the legal systems of both their working languages.

 

Regina gave a number of examples of cases where she has had to rely on these interlocking competencies to complete a contract. In one instance, she was hired to translate the texts in a legal case in which a farmer who sold his dairy operation was being sued over the technical properties of his milking equipment. “I became a tiny little bit of an expert on dairy equipment […] being a legal translator means being everything else as well!”

 

Considerations and Concepts in Legal Translation

 

When we translate between two legal systems, it can be very difficult to find equivalents that work 100% in both languages. With many legal systems sharing the common ancestor of historical Roman law, there are many false friends and near-false friends out there! When there is no perfect conceptual match for legal terminology in the two working languages and systems, the functional equivalentapproach settles on a term that, at the very minimum, matches the function in the context of its occurrence. When taking this approach, the translator must use functional equivalents with caution until they have become used frequently enough to be used as such; and use a communicative approach to maximize clarity.

 

Another factor to keep in mind is the target text’s purpose. In cases of contract translation, texts may be scrutinized by lawyers in a dispute, resulting in complications from translated contracts being interpreted in a different legal system from the one in which it was created. These situations would make a good case for foreignization, that is, to integrate certain graphic, stylistic, and linguistic markers of the source language into the target text. Foreignization signals to the reader that the text in question comes from a different legal sphere that may not be able to be interpreted in the same conceptual framework as the target language and legal system.

The issue of ambiguitypresents another significant challenge to the legal translator. While it is often the case in legal texts that ambiguity is written into the text on purpose, it is best, whenever possible, to contact the drafter to clarify any ambiguous statements. If that’s not possible, the ambiguity should be made known in a translator’s note. Pro tip: always get the client to clarify in writing – consider it your insurance policy!

 

Because technical language is its own language, legal language has its own features that often do not translate easily. Here are some features of legal English discussed in the webinar:

 

  • Latinisms: because of our legal system’s ancestral roots in Roman law, there are still many occurrences of Latin borrowing in legal English. Unless the target language shares these borrowings, these latinisms must be translated as well.
  • Intentional Redundancies, or more specifically doublets and triplets, are a common convention in legal English (example: “null and void”).Is there a genuine distinction between the seeming-synonyms in these sets? Is it tautology for emphasis’ sake? In the end it is the translator’s choice.
  • Performative verbs, that is, things that come into effect by the simple act of stating it (example: “I now pronounce you husband and wife”). Care must be taken to capture the act executed these performative verbs’ in the target language as well (not “I now call you husband and wife”).
  • Euphemisms: while increasingly less common, there are still some euphamisms that stand in the language of Canadian law (example: “indecent exposure”). Attention must be taken to avoid literal translations in these cases.

 

As some of the webinar’s attendees noted, it is well worth it to invest in a good, printed legal dictionary to help with legal language concepts and finding the best way to translate them.

 

Thank you Regina and CTTIC for this fantastic introduction to legal translation!

Regina Landeck, Certified Translator (German-English), Association of Translators and Interpreters of Alberta (ATIA)
Regina Landeck, Certified Translator (German-English), Association of Translators and Interpreters of Alberta (ATIA)
ATIA Translators

Ways to Engage with your ATIA

As members of the ATIA, we are all accountable for the development of our profession – both through our own professional practice and through the public-facing aspects of our field. There are many ways you can engage with your ATIA to forward your own career and the sector as a whole, and every contribution elevates all of us. 

With Title Protection in the works, there has never been a better time to get involved in spreading the word about the ATIA in your professional and social communities!

Ways to engage with your ATIA:

  • Like, Share, and Follow us on social media to support and promote the visibility of the ATIA and its members:

Facebook: @ATIAlberta

Twitter: @ATIAinfo

LinkedIn: Association of Translators and Interpreters of Alberta  

Instagram: @translatorsinterpretersab 

 

  • Know of a job posting that would be best filled by an ATIA member? How about a great professional development or volunteer opportunity? If you know of any opportunities relevant to the translation and interpretation professions, please forward them to development@atia.ab.ca to share them with your fellow ATIA members.

 

  • Contribute to the development of the language sector by sharing your insight with the community through our Blog or Member Interview Series.

 

  • Join our Outreach Team!

An important step in the Title Protection process involves a survey of businesses, organizations, and government departments that require or may require translation and interpretation services. If you are interested in supporting ATIA outreach activities, please contact development@atia.ab.cato get started! Each outreach engagement can be done remotely, and takes around 15 minutes.

 

For more information on Title Protection, engaging with the ATIA, or how you can contribute to the development of the language sector in Alberta, please contact development@atia.ab.ca.

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.

Setting Up for Success: How to work with a translator

So, you’ve evaluated your translation needs, made a search on the ATIA membership directory or connected with a good translation agency, and assessed your candidate’s qualifications to find someone professional, trained, and deeply experienced in the exact area of translation that you need. Now, how to optimize your working relationship with this translator?

Good communication is key to any working relationship. Provide a detailed description of the services you need and a clear outline of requirements and deliverables. With a comprehensive understanding of the nature and complexity of the project, the translator will be able to not only provide you with a more accurate picture of cost and delivery time, but also flag any potential challenges or stumbling blocks.

It is important for both client and translator to set clear, agreed upon terms and conditions from the beginning. When agreeing to hire a translator, make sure that you have the answers to the following questions:

How does the translator charge? You’ve probably already considered how much the translator charges, but make sure you understand how he or she charges – per page, per target word or per source word? If the translator charges per source word, the cost will be based on the number of words in the document you provide. If the charge is based on the number of target words, or the words in the translated document, the final cost will vary depending on whether the target language tends to use more or fewer words than the source language.

Does the translator include revisions in their cost estimate? If so, how many and with what turnaround time? Revisions and comments are an expected part of any writing project, so it is best to make clear and agreed upon arrangements in advance about how comments and revisions will be handled.

What file format will the completed translation be provided in? Make sure that the translator knows how to provide the finished work to best suit your needs.

What are the translator’s confidentiality policies and practices? Translation agencies will have their own confidentiality policies in place, but a freelance translator may not. Note that all ATIA members are bound by a Code of Ethics that protects your confidentiality. When in doubt, ask for an ATIA-Certified Translator.  

Ask about discounts for large volume jobs, redundant translations or not-for-profit clients. Not all translators will provide discounts, but it is worth making inquiries about discounts at the outset of a project rather than during the course of the work or after receiving an invoice.

And finally, make sure you understand the terms of conditions of payment and pay your invoice in a timely manner!

Establishing a clear understanding of your project’s priorities and needs and your translator’s practices at the outset of the project is the best way to set yourself up for a successful working relationship!