10/01/2021
7 tips for best practice in legal translation
Across the globe there are hundreds of different legal systems. Even putting aside the fact that these systems use an array of different languages and codes, businesses and individuals who deal with legal documentation in multiple jurisdictions also have to deal with variations in syntax, tone and terminology.
This is why legal translation is so important – and why those looking for these services should bear in mind what makes for best practice:
Accuracy
A single misplaced word or comma can cost millions. Accuracy is the single most important skill in legal translation – and documents should always be proofread before delivery.
Know the laws, not just the tongues
A translator working from one jurisdiction to another must know both the target language and the legal codes of each country involved. It’s not just the legal terminology, but the culture, application and tone of voice. English legal documents, for example, are highly formal and tend to use the passive voice. Translation to a language that uses the active voice, such as Italian, could affect the tone if not translated properly.
Feminine and masculine nouns can also change the meaning. For example, a British company was once served with proceedings by an Italian company concerning patent rights, in which the accompanying English translation referred consistently to “the actress”.
This mystified the English since there was no connection with the theatre or cinema. The explanation was that the Italian word “attore” means an actor but also a plaintiff or claimant, one who brings an action. Since that party was a company or “società”, a word in the feminine gender, the document employed the feminine form.
Speed
Translating M&A documentation, patents, litigation and arbitration documents is expensive and all have deadlines that are set in stone. Large documents are often scanned and sent to the lawyers in bundles or in scanned data files, or, as is often the case for litigation or arbitration cases, in lots of emails that need to be translated and often contain repetitive text.
In these cases, consider a legal translation agency that can offer ways to both reduce costs and has the scalability to meet these deadlines.
Examples include high-quality OCR scanning, email de-duping and re-threading and the use of TM (Translation Memory). A good translation agency will also put together a dedicated team of legal translators, editors and proof-readers creating the ability to cross over tasks. This will enable the translation of thousands of words a day and still maintain consistency across all documents.
Often your agency’s proofreaders will attend your offices to review your documents and help you organise your actual document translation needs. Or in the case of due diligence or forensics, they can organise key search terms.
Keep in touch
Keeping your translation agency updated helps them keep translation teams available for urgent requests. Dealing with a slipped deadline with a pre-warned working group is much easier than sourcing a new team at the last minute.
Long-term cases need a range of language solutions that often include transcription, translation and interpreting. Supplying reference material and agreeing key terms in advance helps maintain consistency across all documents and the case lifecycle. Ask to see a sample of the translation and provide feedback on terminology and style if required.
Security
Legal documents are usually highly confidential and require translators who understand this and provide guarantees to their trustworthiness. Agree with your provider beforehand how the content will be stored and transferred. Ensure that NDAs are consistent through the process, set up dedicated secure portals for file transfer and password protect files where necessary.
Ensure it stands up in court
The best providers will validate their translated documents and some courts may even require this. Your translation agency should be able to supply a range of certification processes to suit your costs and purpose.
Choose the right partner
The best way to ensure best practice in legal translation is to work with the right partner: one that can provide expert translators, readers, interpreters and project managers who understand the legal translation lifecycle and that can adapt to the ever-changing needs and lead times.
You want a partner that can provide a complete range of language solutions, both technical and human. So, if or when you get to court, you have consistent documentation that is certified, verified and correct.
It is not a simple exercise, so get in touch with us to find out more about the nuances and particular demands of legal translation.
