Legal translations are in many respects similar to medical translations. The subject matter is different, but the impact is the same. People's lives are at stake.
That's why we'd like to discuss some of the most common translation challenges related to legal documents. You'll learn the most challenging parts of working with legal translation projects. After reading, you'll better understand common problems with this translation project. You'll be able to verify any localization agency's interpretation methods and turnaround time.
Anyone can translate a document. Legal and business documents are no exception. But the paper will only stand in a court of law or official institutions if it is signed by legal counsel or provided by a professional interpreter. Often accredited by a government organization). Any in-house translation provided by language professionals is presented in court, or any institution still has to be confirmed in a notary office. The law requires that this specific type of translation should be:
Professional agency service guarantees excellent quality standards and confidentiality (usually NDA-protected). Linguists working as professional translators or project managers have the proper training. They also have experience delivering accurate legal translations and know specific language pairs inside and out. Moreover, legal matters pose a minimal challenge for them. Just like for any professional legal translation agency.
The legal translation field is very complex. It requires linguists to have both practical and theoretical skills (often proven with certification). They must understand the target country or region's judicial system and the culture and customs of the people there. Legal departments of one government can be similar or very different from one another, and you can say the same about the target audience.
Judiciary around the world requires to follow specific guidelines and procedures. What is a Legal Translation? A legal translation is any translation used in a legal or institutional context. Translations are required when a foreign document needs to be presented. For example,
Globalization allowed us to open the world and be present in new markets in different countries. Thousands of pages of official documents need to be translated daily. Some examples are:
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Legal translation services are of immense help to companies, governments, but also individuals all around the world. Linguists in the legal niche don't need a legal degree. But, a high quality interpretation is a challenging task. Hence, the professionals you meet need to have the necessary legal training and experience to ensure accurate and consistent translation. Working with legal interpreters requires an investment. Yet, they are worth the cost if the proper and pro translation is essential for your business or legal proceedings.
Legal translations must be precise and free of errors to be accepted by the court and be binding. Legal document translation services need a certified or sworn translation professional to interpret all required papers.
Interpreters are certified by a professional body and guarantee high-quality and accurate translation.
Sworn translation services are performed by a legal language professional and officials who have sworn oaths to ensure accuracy.
Finally, notarized translation services are performed by a legal language professional and then authorized by the notary to confirm the identity of the professional translation services provider and the accuracy of documents.
Judicial translations are crucial when it comes to international business and law. Because of the specific wording and rules, they need meticulous accuracy. Special skills and attention to detail are in demand in legal translations. Professionals should be able to handle any field challenges with poise and ease. They already have a few years of experience.
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Legal translation is a challenging field that requires a translation company or any other provider to understand the context and law of the country or region they are translating for. Both practical and theoretical skills are necessary, as they must be able to understand the legal system of the target country or region, as well as the culture and customs of the people living there.
In some countries, the translator must be certified in translation services by a professional body to provide legal translations. The translation profession is regulated by national licensing bodies, which certify translators based on their qualifications and experience. Certification ensures that the linguist has met high-quality standards and is familiar with legal terminology and conventions. Licensing also allows translators to work legally in specific sectors or industries, depending on their qualifications.
The legal translation process requires more than legal expertise; it also needs a deep understanding of the local community's customs and common law.
Cultural differences can often lead to translation challenges. Legal translations must be accurate and faithful to the source material, but this can be challenging when the source material is written in an official and jargon-packed language. Official legal documents also use special formatting that needs to be preserved in the final interpretation.
If this process is challenging for a professional, think how troublesome it would be for the inexperienced linguist in your team.
When translating legal documents, language professionals must be aware of cultural nuances and ensure that the record accurately reflects the original intent of the source and its subject matter.
Legal documents contain a significant number of terminology that can pose a challenge. For example, legal contracts often use jargon that is only sometimes straightforward to translate into another target language.
Additionally, legal documents may use scientific, technical, or statistical terms with which the translation can become unclear or even misleading. Interpreters must be equally familiar with the terms and concepts used in different languages and convey the legal information in such documents.
The interpretation process often involves using descriptive terms. It can help to make sure specific concepts translate from one language to another. (Correctly)
For example, in legal translation from English to French, a translator may use the term 'proposition de contrat'.
It is to describe a legal document that outlines the terms of a contract between two parties. The same concept traditionally may be referred to as 'contrat de services' in French.
A subtle but crucial difference.
An accurate translation can be difficult if legal concepts are described between countries but have different names or definitions.
A situation may occur where legal proceedings take place in two countries. One of the countries may have a particular law that allows specific actions, whereas the second country has no concept of the same actions in the binding regulations.
Below is an excellent example of such a situation where the responsibility and decisiveness of the translation supplier are critical for the outcome of legal proceedings.
In the institution of marriage, for instance, same-sex marriages are not recognized in the Armenian legal system in contrast to the Canadian one. In this respect, the translation of some culture-bound legal concepts referring to the institution of marriage may become a challenge for the translator. - says Nare Chobanyan, author of the paper.
Legal translation requires accurate and thorough research into the legal terminology and concepts involved in the document. This can be difficult if, for example, words that can be synonyms are used in the document.
For example, the word 'widow' may be translated as 'spouse who lost her spouse' in one language but 'person whose spouse has died' in another language, depending on the legal context.
Additionally, legal translation often involves translating jargon into plain language, which consists in changing or replacing words that have legal meanings with words that are more easily understood by non-lawyers.
This can be incredibly challenging when legal terms have similar or identical meanings across different legal contexts, such as when referring to property or people.
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To ensure accuracy, professionals typically use dictionaries, legal definition databases, and other resources or tools to accurately translate legal terms, phrases, and sentences. However, good legal translation services are often difficult to find and usually prohibitively expensive. Many professionals who need to translate legal documents may need more resources or access to these tools.
Additionally, they must often access translated documentation to ensure accuracy and to put any additional or new texts into context.
It may be challenging to provide such substantial sources, primarily when the translator resides in a foreign country.
Each client or even a translation company will have its style guide to follow when working on document translation. Often, governments or institutions will have their style guides. It can lead to confusion and errors in legal translation, as different style guides may have different formatting rules or terminology.
Using the same style guide for legal translations can reduce the risk of error and ensure consistency with other document translations.
Legal translators must use a style guide specific to their language, jurisdiction, and industry to provide an accurate translation.
Regular testing of a legal translation before submitting it to ensure its accuracy is essential.
Within European institutions, the 'Interinstitutional Style Guide' (includes acronyms and abbreviations), the 'English Style Guide', and the 'Joint Practical Guide of the European Parliament', that are accessible online, are examples of such documents. Such institutional guidelines will, for example, determine that in preambles o legal documents, the term 'acknowledging' should be used instead of the possible 'affirming', 'adopted' instead of 'approved', 'accepts' instead of 'endorses', or 'expresses its appreciation' instead of 'expresses its thanks'. They may allow, in certain cases, to use legal terms in the language of their origin.
Legal issue translation is time-consuming and challenging due to the many nuances in the legal system. It is difficult to translate legal text without any errors.
When a legal translation is done, it requires a high level of skill and expertise. In some cases, the process will involve automated translation services or tools.
For example, autocorrecting text can result in mistranslations, leading to misunderstandings. Since a poor legal translation could be used in a way that might result in legal problems, it is vital to engage the services of a translation firm that can give genuine legal translations.
It's vital that linguists specializing in the law field review each translation before submitting it to the court or law firm.
After reading the challenges above, we are sure you can spot some process flaws already. When speaking to translation professionals, be sure to ask the right question.
Legal translation services are essential: from the court of law through any government institution and business to medical or insurance fields. Always ask for a document translator who can produce high-quality legal translations. Pay attention to the accuracy of translation documents, set reasonable deadlines, and provide documentation of the translation process. This is a red flag if you get vague answers after asking about deadlines or prices, and you should demand a free quote estimate.
Indeed, inhouse teams need to be trained in the judicial field to match the skill and expertise of professionals. But, we're confident that with the knowledge from this article, anyone can better understand and solve common problems with legal translation services.
Let us know if you have experienced similar challenges. If so, what did you think about the legal document translation process?
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