Caption Legal® - Interpreter Services

Answer: When selecting an interpreter for a deposition, whether remote or in-person, attorneys should consider the following qualifications:

• Certification: Look for interpreters certified by reputable organizations such as the American Translators Association (ATA) or the National Association of Judiciary Interpreters and Translators (NAJIT).
• Experience: Ensure the interpreter has substantial experience in legal settings, particularly with depositions and court proceedings.
• Specialization: Verify that the interpreter is proficient in the specific language and dialect needed and has experience with legal terminology.
• References: Request references or testimonials from previous clients to assess the interpreter's reliability and professionalism.
• Technology Proficiency (Remote): For remote depositions, ensure the interpreter is comfortable with remote deposition technology, including video conferencing platforms like Zoom.

Answer: To ensure clear and accurate communication through an interpreter during a deposition:

• Brief the Interpreter: Provide the interpreter with case materials and context in advance to familiarize them with the subject matter and legal terminology.
• Speak Clearly: Instruct all parties to speak clearly and at a moderate pace, allowing the interpreter time to accurately translate each statement.
• One Person at a Time: Enforce a strict rule that only one person speaks at a time to avoid confusion and ensure the interpreter can follow the conversation.
• Short Sentences: Encourage the use of short, concise sentences, and avoid legal jargon or complex phrasing that may be difficult to translate.
• Regular Breaks: Schedule regular breaks to prevent fatigue, which can impact the interpreter's accuracy and concentration.

Answer: Best practices for setting up a remote deposition with an interpreter on Zoom include:

• Technical Setup: Ensure all participants, including the interpreter, have a reliable internet connection, and the necessary hardware and software for a smooth Zoom session.
• Separate Audio Channels: Utilize Zoom’s language interpretation feature to provide separate audio channels for the interpreter, allowing participants to choose their preferred language channel.
• Pre-Session Test: Conduct a pre-session test with the interpreter to verify that all technical aspects, including audio and video quality, are functioning correctly.
• Instructions: Provide clear instructions to the interpreter on how the deposition will proceed, including any specific procedures or rules to follow.
• Communication Plan: Establish a plan for how the interpreter will communicate any issues or need for clarification during the deposition.

Answer: Attorneys should prepare documents and exhibits for a deposition involving an interpreter by:

• Translation: Ensure all key documents and exhibits are translated into the witness’s language well in advance of the deposition.
• Annotation: Include annotations or explanations in the translated documents to aid the interpreter’s understanding of complex legal concepts.
• Electronic Format: For remote depositions, provide electronic versions of all documents and exhibits to facilitate easy sharing and viewing on Zoom.
• Sequential Numbering: Number documents and exhibits sequentially to make it easier for the interpreter and all parties to follow along.
• Access: Ensure the interpreter has access to all documents and exhibits beforehand, allowing them to review and prepare as needed.

Answer: Considerations regarding the confidentiality and ethical obligations of interpreters in depositions include:

• Confidentiality Agreement: Require the interpreter to sign a confidentiality agreement, ensuring they understand and commit to maintaining the confidentiality of all information disclosed during the deposition.
• Code of Ethics: Verify that the interpreter adheres to a professional code of ethics, such as those outlined by the ATA or NAJIT, which emphasize impartiality, accuracy, and confidentiality.
• Non-Disclosure: Ensure the interpreter is aware of and complies with any non-disclosure agreements (NDAs) relevant to the case.
• Secure Environment (Remote): For remote depositions, confirm that the interpreter is working from a secure, private location where they cannot be overheard or interrupted.

Answer: Attorneys can assess the performance of an interpreter during a deposition by:

• Monitoring Accuracy: Pay attention to the accuracy and consistency of the interpreter’s translations, noting any discrepancies or errors.
• Feedback from Witnesses: Seek feedback from the witness regarding their understanding and comfort with the interpreter’s translations.
• Observer Input: If possible, have a bilingual observer or co-counsel present to provide feedback on the interpreter’s performance.
• Reviewing Recordings: Review recordings of the deposition to assess the interpreter’s performance and identify any areas for improvement.
• Follow-Up Questions: Ask follow-up questions to clarify any points where the interpreter’s translation may have been unclear or ambiguous.

Answer: Potential challenges of using interpreters in depositions and their mitigation strategies include:

• Technical Issues (Remote): Ensure all participants, including the interpreter, have tested their equipment and internet connection before the deposition to avoid technical disruptions.
• Language Nuances: Choose an interpreter with expertise in the specific dialect and legal terminology to minimize misunderstandings due to language nuances.
• Fatigue: Schedule regular breaks to prevent interpreter fatigue, which can affect accuracy and performance.
• Communication Barriers: Establish clear communication protocols to handle any issues or clarifications needed during the deposition.
• Background Noise (Remote): Advise all participants to be in a quiet environment to minimize background noise and ensure clear communication.

Answer: To effectively manage the flow of questioning with an interpreter present:

• Clear Instructions: Provide clear instructions to the interpreter and all participants on how the questioning will proceed.
• Pacing: Maintain a moderate pace of questioning, allowing time for the interpreter to accurately translate each question and answer.
• Clarity: Use clear, simple language and avoid complex or compound questions that can be difficult to interpret accurately.
• Interruptions: Minimize interruptions and ensure only one person speaks at a time to avoid confusion.
• Confirmation: Regularly confirm with the interpreter that the witness understands the questions and can provide accurate answers.

Answer: If there are discrepancies or misunderstandings in the interpretation:

• Immediate Clarification: Address any misunderstandings immediately by asking the interpreter to repeat or clarify the translation.
• Direct Questions: Ask direct questions to the witness to ensure their understanding and to clarify any ambiguous responses.
• Recording Review: If necessary, review the recording of the deposition to identify and resolve any discrepancies in the interpretation.
• Interpreter Replacement: If issues persist and cannot be resolved, consider replacing the interpreter with a more qualified or specialized professional.
• Documentation: Document any discrepancies and the steps taken to address them in the deposition record.

Answer: The use of an interpreter can impact the legal strategy and outcome of a deposition by:

• Accuracy: Ensuring accurate translation is critical for the integrity of the witness’s testimony and the overall case strategy.
• Time Management: Interpreted depositions may take longer, requiring attorneys to plan for additional time and breaks.
• Witness Comfort: A skilled interpreter can help the witness feel more comfortable, leading to clearer and more reliable testimony.
• Cross-Examination: Attorneys must be adept at cross-examining through an interpreter, ensuring that nuances in questioning and responses are accurately conveyed.
• Evidence Presentation: Careful coordination is needed when presenting evidence, as both the exhibit and its explanation must be interpreted accurately.

Answer: To handle the introduction and swearing-in of a witness through an interpreter in a deposition:

• Clear Instructions: Provide the interpreter with clear instructions on the swearing-in process and any specific language required.
• Simultaneous Interpretation: Allow the interpreter to simultaneously translate the oath or affirmation to ensure the witness fully understands it.
• Confirmation: Ask the witness to confirm their understanding of the oath or affirmation in their own words, with the interpreter translating their response.
• Record-Keeping: Document the swearing-in process in the deposition record, noting that it was conducted through an interpreter.

Answer: Key considerations for selecting an interpreter service provider for depositions include:

• Reputation: Choose a provider with a strong reputation for accuracy, professionalism, and reliability in legal settings.
• Availability: Ensure the provider has interpreters available in the required languages and dialects, and can accommodate the deposition schedule.
• Technology (Remote): Verify that the provider’s interpreters are proficient with the technology used for remote depositions, such as Zoom.
• Support Services: Consider providers that offer additional support services, such as document translation, transcription, and technical support.
• Cost: Evaluate the cost of services, balancing affordability with the quality and expertise of the interpreters provided.