Legal Terminology Translation Fundamentals
When it comes to translation, legal terminology is some of the most complex and nuanced language you’ll come across. Legal terminology translation requires a deft touch and an understanding of both language and the law in order to avoid false interpretations that could have real-life consequences. It all begins with a solid understanding of the legal terminology itself.
Most people are surprised to learn that legal terminology doesn’t only refer to legal terms, but also legal practices. For example, a term like "jurisprudence" wouldn’t hold much meaning outside of the context of the law, but it’s also a way to refer to the discipline of studying and commenting on legal decisions. Terms can even crossover from one legal system to another, or refer to practices that are unique to certain countries. This is part of what makes legal terminology translation so challenging – the fact that the translator not only needs to be fluent in both the source and target languages, but also a subject matter expert with a firm grasp on the law and branching legal terminology.
Legal terminology is particularly important because of the weight it carries. In legal situations , every term and phrase matters; one slight miswording could have devastating consequences on the outcome of a case. This is why it’s so important to work with a legal terminology translator who understands the source language, the target language, and is versed in the law itself. Many legal terminology translators come from legal backgrounds, and in some cases will serve as counsel on legal matters.
Legal terminology translation is a specialized type of translation where nuance is particularly important. There’s no room for error, and any misinterpretation can lead to disastrous repercussions, such as the loss of a case or misunderstanding of the law. Legal terminology translators know how to properly interpret the meaning or practice behind these terms, and will provide translations that are as close to perfect as possible.
Errors and misinterpretations of legal terminology often appear in the form of new legal interpretations or practical applications. When the word "scalable" is used in a contract, for example, it could refer to a specific piece of in-house software that requires per-user licensing fees, or it could refer to a third-party application. Translators who specialize in legal terminology will help avoid this kind of disconnect, providing a translation that takes into consideration context as well as the law.
Legal Terminology Translation Pitfalls
Translation is generally a straightforward process of transcribing text in one language into another. Legal terminology translation, however, comes with its own set of complexities. Linguistic subtleties can mean the difference between maintaining your client’s privacy, informing them adequately, or possibly even opening them up to liability. Even seemingly small choices can therefore have big repercussions. For example, when choosing a word to translate "lawyer" or "attorney," the translator must consider how different legal systems label them both formally and colloquially. The words used in some jurisdictions may be exclusively those used for members of that jurisdiction’s Bar. In others, they might be more generic. This means translators also have to be well-versed in the legal systems of different countries, an undertaking which can itself take years. There are also many nuances to legal systems even within the same country. The translator must familiarize themselves with whatever region the translation is intended for, and how specific terminology may vary in that region. For example, the word "coroner" has different meanings and applications throughout the U.S., but if you were translating a text without regard for regional differences, you might end up with an interpretation that is incorrect for the region the document is going to be read in. Another reason to use a specialist legal terminology translation service rather than using a generalist translator is that legal terminology is subject to regional appeal. This means that any clauses, terms or other legal references will tend to have different meanings and applications depending on the local area in which the legal document is to be interpreted. A perfect example of this is the Spanish word "notario". This can be translated literally as "notary", but may also be translated as "notary public". Nevertheless, a "notario" in Mexico is not the same type of lawyer as a "notario" in, say, Spain or Argentina. In Mexico, a "notario" has become a highly respected and valuable member of society with a great deal of local status and autonomy who is recognized by, and operates under a different legal convention to, their British or American equivalents. Notary public is another term that can cause confusion, as there is no exact equivalent between translation jurisdictions. In Mexico, a "notario" is a very highly trained lawyer who has passed the Mexican SAT (Servicio de Administracion Tributaria), similar to the British Solicitor or Internationally Qualified Lawyer. In the US, however, a notary public is usually a person authorized by the state to perform certain legal formalities, including certifying a signature. A translated clause asking someone to pass a document to the "notario" could thus have very serious legal implications in Mexico, but would have none whatsoever in the US. The potential for consequences of mistranslation like this is rich, and consequently, legal terminology translation requires a high level of precision and understanding not only of the original text, but of both legal jurisdictions as well.
Critical Skills for Legal Translation Success
As with most things, professional legal translation is best left to the experts. Numerous skills contribute to the expertise of a legal translator.
Fluency in two languages
The foremost and most obvious requirement for a legal translator is, naturally, the ability to translate words and phrases from one language to another. This requires a mastery of grammar, vocabulary, and syntax in both the source language (the language the document was originally created in) and the target language (the language to which the document is being translated).
Knowledge of legal concepts
Fluency is not the only hurdle. Legal translators must also be fluent in the source and target languages’ respective legal mechanisms and concepts. Legal translators must often be proficient in two sets of legal jargon, which can have two completely different meanings. If a person lacks a good understanding of the law, it is next to impossible to grasp the subtle shades of meaning between particular words and phrases.
Analytical skills
Once a legal translator has completed his or her best effort at being fluent in two languages and understanding the law, he or she must be able to perform the most difficult task: analyzing the law. Because legal documents can be so full of meaning, it is up to the legal translator to unravel the meaning and intent behind the words.
Formal qualifications
The necessary qualifications for a legal translator can be extensive. While fluency and fluency of the law are necessary, the academic qualifications for a legal translator may include:
The type of documents a legal translator will typically work on includes:
The above document types are extremely important documents, and the stakes for an inaccurate translation can be incredibly high. Therefore, it is essential to use a trustworthy legal translator when converting legal documents from one language to another.
Legal Translation Resources and Technologies
To aid translators in navigating the complexities of legal terminology, various tools and resources are available. These range from software applications to databases and online communities, all aimed at providing guidance and support throughout the translation process.
One popular software solution is the CAT (computer-assisted translation) tool, which helps streamline the translation process by allowing users to create translation memories and terminology databases. By storing previously translated segments and corresponding source texts, these tools minimize the need for repetitive translation work and improve consistency across documents. Software such as SDL Trados Studio and memoQ are widely used in the industry and offer a range of features to aid the translator in their work.
In addition to software, several online databases and repositories provide access to specialized legal terminology. These resources can be invaluable for translators in identifying and understanding the subtleties of specific legal terms. They include legal dictionaries, terminology databases, and archives of legal documents, all of which are designed to support the legal translator’s research efforts.
Finally, professional organizations and forums dedicated to translators and the legal field can be a valuable source of information and support. These may include dedicated networks of legal translators, as well as professional commentary on current trends and challenges faced by practitioners in the field. Organizations such as the International Association of Conference Interpreters (AIIC) and the International Association of Professional Translators and Interpreters (IAPTI) provide a wealth of resources and support for those involved in legal translation.
By taking advantage of these resources and tools, legal translators can benefit from the experiences of others in the industry, making it easier to stay current with industry trends and best practices, and help ensure their success with the job.
Legal Terminology Translation Best Practices
When faced with a project that requires legal terminology translation, there are several best practices to keep in mind. First and foremost, it is crucial to verify the source of each term. Sources could include legal dictionaries, law libraries or experienced legal professionals. Translators must also confirm that the terminology is up to date. For example, laws and other legal procedures change frequently, and it is important that the translator have accurate, current information about the issue being translated. A translation that is based on an out-of-date source can seriously disadvantage any legal proceeding.
However, although having access to legal dictionaries and other resources is undeniably helpful, the best resource for any legal translator is knowledge of and experience with the specific legal context . Legal translators should be familiar with the areas of law that are central to their work and should stay current with legislative and case law developments in those areas. They should also be mindful of the cultural differences between the two languages and legal systems. This is because the words and phrases that are dictated by law may not have a direct one-to-one translation, depending on the culture of the source or target country.
Before setting to work on a large project with a tight deadline, your translation team should take the time to discuss its objectives and to review relevant terminology. For example, they should be sure that they clearly understand the concepts underlying each term. It may also be helpful to create a list of the relevant terms and their meanings to be used as a reference throughout the project.
Examples of Legal Translation Errors
From our discussions above, it is clear that legal translation is very important and must be handled with the utmost care. In this section, we provide some examples of real-world cases where translation errors resulted in grave legal consequences. We will analyze how things went wrong and what could have been done to avoid those consequences.
Case 1: Wrong Parties in Plea Bargaining in Saudi Arabia
In 1993, a Miami-based oil company, Triton Drilling Company sued Arabian Supply Contracting Company in the Dubai Court for Dh 56 million (US$15 million). An interpreter was present at the court proceedings to interpret Arabic documents into English but this was done poorly. The interpreters provided translated documents with different signatures from those who signed the original documents. For instance, Arabian Supply Contracting Company (ASCC) provided the translated copy with the signature of Arabian Drilling Services LLC (ADS) within the documents instead of ASCC. The court mistakenly concluded that ADS and not ASCC was in breach of contract. This wrong conclusion led to the Dubai Court ruling in favor of Triton but since Triton did not move to enforce the judgment gradually, its judgment became time-barred under Dubai law.
Case 2: Wrong Terms in Litigation
In 2003, a UK Electronics Company filed litigation in the court of the Competent Jordanian Authority. A Jordanian company filed a case against the UK company in a US District Court in Virginia. The litigation in the US resulted in a default judgment for the UK company. The Jordanian company was not given an opportunity to respond to the claim lodged in the US because it was not aware of the proceedings from the US District Court. Years later, the Jordanian company discovered that a default judgment had been entered against it and in favor of the UK company. When the UK judgment was registered in a Jordanian court, the Jordanian company argued that the case in the US was filed to contravene local trademarks laws. The US court argued that the Jordanian company could not raise that defense as it had failed to respond in a timely manner to contest the default judgment in the US court.
Case 3: Dated Documents
In 2018, a 55-year-old man named Mark Twain Smith from the US was found guilty of unlawful possession of a firearm. He was given a sentence of one year in prison and a $25,000 fine. The problem was that Smith was convicted with evidence presented in the court against a different Mark Smith. When the original court transcript from the original case was sent to the criminal court, the mistakes were discovered. In court, the lawyer for the prosecution did not notice the error until it was too late. The witness who had been subpoenaed to testify against the original Mark Smith, testified against the new Mark Smith. The witness admitted the mistake when questioned by the lawyer for the new Mark Smith. Although the failure of the lawyer for the prosecution to realize the error could have been avoided, the presiding judge took the opportunity to dismiss the case against Mr. Smith. The presiding judge argued that it was unfair for Mr. Smith to be tried on the basis of an attempt to convict a different individual.
Case 4: Power of Attorney in Italy
In another case a woman in Italy entrusted her friend with signing paperwork on her behalf regarding her old age pension. She provided him with Power of Attorney to negotiate a better deal for her. The friend misused the power of attorney to sign an agreement between himself and his wife, and sold the paintings to his wife for €500,000. He forged the owner’s signature in this regard. The paintings were later sold by the ‘wife’ without any objection or question by the buyer regarding the validity of the signatures and ownership. The wife then sold the pieces to Louvre Abu Dhabi for €300 million and fled the country with the proceeds of the sale. Upon discovering the sale and fraud, the owner of the paintings seized a shipment belonging to the wife and her new partner to the Netherlands with the help of the Dutch police. The paintings were returned to the owner.
Emerging Trends in Legal Translation
The future of legal translation is an exciting, omnichannel offering powered by technology, where the question is not if we will use technology, but rather how we will harness its full potential. Among several key trends to look out for, three of the most interesting and relevant to legal translation are machine translation, artificial intelligence and blockchain.
Machine Translation
On-demand information access and the fast pace of global legal operations are major contributors to the unexpected growth of demand for legal translation. An industry report states that legal translation constitutes "nearly one-quarter of the 4 million words" which are translated daily across all languages. Today, online machine translations have by far the fastest turnaround, with some translations being ready for review less than 90 seconds after the file is uploaded. The accuracy of online translator tools is improving as well through adaptive learning, and the trend shows no sign of slowing. Over the past year, Google Translate has expanded its language options to include six new European and three new African languages. As online tools become more widely adopted for professional translation, they are becoming an obvious solution for the legal industry given the immense amounts of proprietary and sensitive information that must be safeguarded.
Artificial Intelligence
Artificial intelligence has a promising future for legal translation, especially as it relates to regulatory compliance. A recent study estimates that "roughly $1 trillion is spent globally on financial compliance" each year. Translation will be a critical component of any regulatory compliance solution. Many courts and other government bodies around the world now provide online access to wanted posters, arrest warrants, court documents and other legal documents . The relevance of these documents is not limited to the language in which they were created. With a global population of over seven billion and not everyone speaking the same language, official documents such as these can benefit from translation.
Blockchain
Blockchain technology offers the potential for new solutions in legal translation. Blockchain is a "decentralized, distributed ledger that records the provenance of a digital asset." One of its most popular use cases today is Bitcoin payment processing, but legal translation is an emerging application for the technology. For example, blockchain technology could revolutionize how contracts are developed, maintained and enforced. Imagine a system where agreements are uploaded to a blockchain and distributed to a network of legal experts for translation into multiple languages. The decentralized nature of the network means that multiple parties are responsible for the process. Blockchain insures that the translations are true to the original contracts, as each party is incentivized to preserve the original message. The digital ledger also allows for self-execution of contracts, automatic payments and the creation of smart contracts, further streamlining the process.
Machine translation, artificial intelligence and blockchain technology are just some of the incredibly impactful trends shaping the future of legal translation. Each will bring its own unique set of opportunities and challenges, leaving translation professionals to ask new questions. As applications of this technology are developed, tailored legal translation solutions will inevitably evolve. How will machine learning impact your approach to large projects? What legal terminology translation solutions will you use? How will relationship management change as a result of AI? And finally, what are the best and most efficient approaches to professional legal translation moving forward?
