In some legal cases, witnesses do not have strong English skills. Sometimes they can’t speak the language at all.
In order to communicate effectively, a professional translator may attend a deposition. It is important to have unbiased interpreters that are well-versed in legal protocol. Before a deposition begins, the lawyers should explain a few guidelines for the interpreter and witness to follow which will help things go smoothly and make the court reporter’s job a little bit easier.
Interpreter Guidelines
Many states require that the interpreter be sworn in at the start of the proceedings. The oath to swear in the witness will then be administered by the court reporter and relayed to ensure accurate testimony.
A direct word-for-word translation in English is necessary to preserve the testimony of the witness. All sentences should be spoken in the first person. For example, “I went to the store,” not “He said he went to the store.”
If any word or phrase is unclear in precise meaning, the interpreter should clarify it with the witness before repeating it in English.
When a witness does not understand the specific meaning of the question, the attorneys should be told immediately and the question rephrased. It is not up to the language professional to interpret what the lawyers mean by their questions, but to transfer the question into another language.
The witness should be informed very clearly before taking the oath that everything they say in another language bears repeating, even personal comments to the interpreter or observations about the other people in the room.
Is a Professional Interpreter Really Necessary?
For witnesses that have a basic understanding of English but are not fluent, they may choose under the advice of their lawyer to answer their own questions in English with the translator present should they need assistance in unusual or technical words. This speeds up the process without infringing on the rights of the witness.
Court cases are sensitive subjects and often reveal personal information about the lives of those involved in the lawsuit. A language professional knows to be discreet and keep all information confidential after leaving the room.
When a witness provides the interpreter, the translator may be a biased friend or relative that could provide an inaccurate translation due to lack of language skills or by “trying to help” clarify testimony.
Professional Interpreters are well-versed in both languages. “Bringing a friend” to the legal deposition does not account for level of depth in either one or both languages. Someone claiming to be fluent in English may struggle as much as the witness.
