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)
Sanja Leticia ATIA

Becoming a Translator: Sanja Leticia, Associate Translator Interview

Translation requires more than just fluency in two languages: an in-depth understanding of the syntax and semantics of both the source and target language are key to developing the skills necessary to create quality translations. For this reason, language teachers are often equipped to become translators: with the foundation of the linguistic knowledge required to teach languages, aspiring language professionals can begin to build the other skills that make excellent translators.

This is the case for Sanja Letica. Having discovered her passion for languages as early as elementary school, she became fluent in both English and German – the languages in which she later gained her dual Master’s degrees in language and literature. She spent six years teaching elementary and high school in her native Croatia while volunteering as a translator at Dokkica, a not-for-profit organization that provides non-institutional educational support and programming for children. After moving to Canada in 2013, Sanja decided to pursue translation, gaining associate membership in the ATIA. She is currently gaining experience and building her portfolio towards applying to become a Certified Translator.

Why don’t you begin by telling us a little about how your studies and teaching experience are related to your decision to pursue translation?

During the course of my studies, I have discovered I had a talent for grammar, believe it or not. And being able to dig into the language on a deeper level enabled me to gain necessary linguistic skills that proved very useful for translating. I also have a great sense of semantics of the language, which is very important when translating text from one language into the order, regardless of the subject. Translating is not an exact science, sometimes as translators we need to get creative to present the meaning and nuances of one language in the other one. Same goes for teaching. A teacher always needs to be creative as well as resourceful in order to keep the students interested in the subject.

Can you expand on your experience volunteering as a translator with children?

During my volunteering time at Dokkica, I had the opportunity to meet different native speakers of both English and German language. I mostly did consecutive type of translation. It wasn’t always easy as those speakers would sometimes talk in a certain dialect that was very different from the standard English or German that we were taught at the university. But I have always liked a challenge and that was only a proof to me that I had a good ear for languages, which is very important in this line of work. I met some great people who most definitely expanded my horizons in the non-for-profit world and the importance of volunteering and giving back to the community. It was a great pleasure working with them.

Becoming an Associate Translator with the ATIA is no small feat, let alone becoming Certified. What can you tell us about your journey towards becoming a Certified Translator?

Ever since I moved to Canada, I wanted to do something with my language skills. I learned about the ATIA from a friend and looked into becoming a member. I took my pre-requisite exam and once I passed that, the exam to become associate member. It wasn’t easy, but it shouldn’t be easy. Anyone who wants to do well in this business should have appropriate skills. Being a native speaker of a language other than English does not make anyone a great translator. Translations require a deeper level of language knowledge and understanding, and is an extremely responsible job. The consequences of inaccurate translations can be severe and it should not be taken lightly when deciding whether to accept a job or not. If unsure, rather decline then do an inadequate translation. Word count is an important factor, but one’s own integrity should not be compromised for the sole purpose of reaching that word count.

There are online presentations and workshops available to members who want to improve their skills and learn something new. With every translation, I learn new words and phrases, and it never ends. My ultimate goal is to become certified and I hope I will be able to reach my word count within the time frame given. But I will not do it at any cost.

What advice would you give to aspiring language professionals that are considering membership with the ATIA?

I would encourage anyone who is considering becoming a member to go for it. Just be prepare to work on yourself during the whole process and open to taking courses and participating in online seminars and workshops.

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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?How to Help Your Clients Achieve the Perfect Translation

The first step to helping client’s get the translation they want is good communication between translator and writer. This is important so that you, as the translator, know the unique goals of the project and ensure the best possible translation project is created! Good communication starts with the basics – listening skills, and an ability to professionally and assertively state yourself both in written and verbal ways. Most translators possess these skills, some clients may not. Here are ways to encourage your clients towards the best outcome possible.

  • Encourage specific communication about budget and timeline.
  • Have your client state their main objective for the translation
  • Encourage your client to be organized with project documents
  • Communicate your own boundaries
  • Know your limits and communicate them

Stating or negotiating prices is often difficult to discuss yet it is fundamental when kicking off a project. Some clients come with a price in mind and some don’t know where to start. Encouraging your client to name a price, start a negotiation, or discuss this part of contracting can be a challenge when they don’t. Using language that is curious, open and inviting can help this process along. Equally important is the timeline of the project. Knowing when the project needs to be completed will help you in planning, but will also help the professional relationship as expectations will be set, maintained, and managed if this is all discussed up front.

Do you know what your client is trying to achieve with their translation? Did they communicate what the goal of the project is?  Once this is clarified with the client, it allows you as the translator to better integrate their voice with yours, producing a piece of work that aligns with the client’s needs.

You need things from your client in order to be effective and efficient for them. You need contracts signed, receipts, and of course, the documents to be translated. Missing documents, incomplete work, and late add-ons can result in deadlines missed and your additional work inaccurately reflected in the negotiated fee. The more organized and complete the source content, the easier it will be to ensure success.

Some clients assume you are available for them much of the time. Some expect emails returned within a few hours and may become persistent if this isn’t the case.  It is good practice to communicate to your clients your availability, such as when you spend time responding to emails, what a reasonable turnaround time is for correspondence, and what days you work and which you do not.  You can set an out of office email reminder that tells your clients you are not actively responding to emails at the present time. Being clear on your professional boundaries not only helps the progress of the project, but it supports your personal and self-care time, as well.

It is okay to be the person who doesn’t always say “yes”. Allow yourself to turn down projects if you have taken on too much, or the project isn’t a good fit for you.  In those rare occasions, it is okay to ask for a deadline extension, within reason and with good arguments as to why you need more time. Likely, your clients with respect and honor your ability to maintain your limits and will appreciate your dedication to ongoing communication and client – translator relationship building.

Self-Care for Busy Professionals

Self-care is often defined as anything we purposefully do to take care of our emotional, spiritual, and mental health. But there is much more to it than that. What we often don’t hear about is self-care defined as the opposite – things we don’t engage in because they are not good for our health. 

Additionally, self-care isn’t always planned activities, but it can be anything that helps you move toward either stillness or growth, such as playing with thinking patterns, exploring attitudes, purposeful reflections, and meaningful connections.  Perhaps one of the most well-known terms in mental health but also one of the most misunderstood, simply because it is difficult to define something that can look, feel, touch, taste, and smell differently for everyone.

Self-care for individuals who work as translators or interpreters may look the same or different from those who work in other fields. Translators, who often work in solitude and interpreters, who have high paced expectations, need to take care due to these special circumstances. Here are 5 ways in which any busy professional may consider for self-care. 

?Connect to Others

Connecting to others is important, especially when working alone is very important. As human beings, we are creatures who not only thrive through human connection, but require it for sustaining life. From an evolutionary perspective, we need each other to stay alive. This was especially true in the past, but our brains have not evolved as fast as society has. We are generally safe in solitude, but at times our brains will tell us that it is dangerous to be alone. In fact, being alone and lonely can trigger our fight, flight, freeze response. Connecting to others (or allowing others to connect to us) is key to mediating this response and may be the most important self-care work we can do.

?Fuel Your Creativity

Maslow’s “Hierarchy of Needs” shows us that creativity is a human need that helps drive us towards “self actualization”, or towards fully knowing our potential and talents, which furthers us towards fulling knowing ourselves. Luckily, as translators and interpreters, you are often working within the realm of creativity. Of course, there are countless other ways to be creative, and integrating more into your life can be an important act of self-care.

?Live in the Moment Using Mindfulness

Mindfulness is a phrase that most people have heard of. It is defined as “a mental state achieved by focusing one’s awareness on the present moment, while calmly acknowledging and accepting one’s feelings, thoughts, and bodily sensations”. This helps us understand, tolerate, and live with our internal experiences. There are many resources available for mindfulness, and finding a few practices you enjoy doing can be integrated into your repertoire of self-care.

Create Full Sensory Experiences

Our five senses have a direct pathway to our brain, and thus can help soothe and calm us, or can help us better integrate our learnings. Creating situations during which each of your 5 senses can explore, integrate, and experience can facilitate new brain connections, new behaviors and habits, or can simply produce stillness and calm.  

Validate, Appreciate, and Celebrate Yourself

Finding ways to validate yourself, which means to tell yourself that your inner experiences are all important and okay, is key to self-understanding and self-growth. Equally important is finding time to infuse appreciation in your life, whether it’s from big successes or from simply finding gratitude in the fact that you have the ability to take breaths. Recent research has shown us that gratitude can actually help with integrating learning and helps with decision making, as these areas tend to be more active during grateful moments. Finally, celebrating yourself through purposeful ceremonies and traditions, such as a weekly time to watch your favorite tv show, or a monthly get-together with validating friends, is a lovely tool for self-care, because it shows self-love.