{"id":883,"date":"2024-01-23T17:16:53","date_gmt":"2024-01-23T22:16:53","guid":{"rendered":"https:\/\/www.ata-divisions.org\/LawD\/?p=883"},"modified":"2024-10-04T12:53:05","modified_gmt":"2024-10-04T16:53:05","slug":"ata64-session-recap-presentations-by-distinguished-speaker-professor-yi-song","status":"publish","type":"post","link":"https:\/\/www.ata-divisions.org\/LawD\/ata64-session-recap-presentations-by-distinguished-speaker-professor-yi-song\/","title":{"rendered":"ATA64 Session Recap: Presentations by Distinguished Speaker, Professor Yi Song"},"content":{"rendered":"

By Elizabeth (Liz) Herron-Sweet – Law Division Administrator\u00a0<\/em><\/p>\n

The Law Division was very pleased to welcome Professor Yi Song of Georgetown Law School as our Distinguished Speaker at ATA64 in Miami.<\/span><\/p>\n

Professor Song presented two sessions, \u201cLegal Translation and Interpretation in International Litigation<\/em>\u201d and \u201cLegal Translation in Cross-Border Transactions<\/em>.\u201d<\/span><\/p>\n

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Translation and Interpreting in International Litigation<\/b><\/p>\n

In her first session, \u201cLegal Translation and Interpretation in International Litigation,\u201d Professor Song went over some background about classifications of court interpreters and who has the right to an interpreter in the U.S. She discussed some best practices of what parts of a proceeding should be interpreted and that interpreters should avoid explaining what was said or having side conversations with witnesses.<\/span><\/p>\n

She talked about the challenging situation when a witness has some proficiency in English but is not fully fluent. She noted a specific case where a witness claimed to need an interpreter but then, after getting agitated during the proceedings, he started answering the questions without waiting for the interpretation, so the opposing counsel objected to the use of an interpreter. In these cases, best practice is for the witness to testify in English to the extent possible, and an interpreter will stand by to assist with interpretation. She described another case in which a juror who understood Spanish objected to the interpreter\u2019s translation of a term and was ultimately dismissed from the jury because the jurors were supposed to be considering the official interpretation and not the Spanish the witness was speaking. (The interpreter was confirmed to be correct in their interpretation of the term in question.)<\/span><\/p>\n

Professor Song also talked about \u201ccheck\u201d interpreters, who monitor the official interpretation and offer corrections. The use of a check interpreter can be requested by one of the parties and is allowed by some courts. If the official interpreter and the check interpreter disagree and cannot reconcile the translation on the record, they should note the objection and then move on. If you are a check interpreter, you need to raise your question immediately, as a delayed response can result in waiving the right to object.<\/span><\/p>\n

Then, Professor Song explained what \u201cleading questions\u201d are in witness examination — questions that point out the desired answer \u2013 and how they may be used intentionally by counsel in certain cases. Even if it sounds strange, the interpreter should interpret exactly how the question was asked and not make the leading questions \u201csystematically less leading.\u201d For example, the leading question, \u201cYou reported the incident, did you not?\u201d should not be interpreted as \u201cDid you report the incident?\u201d<\/span><\/p>\n

Professor Song also talked about the challenges of interpreting with cultural nuances, as people from different cultures may use eye contact, facial expression, tone, and indirect communication quite differently, which can influence how a witness is understood by the jury. For instance, in personal injury cases, people who suffer an injury may be less likely to vocally complain about the suffering due to cultural norms, and the jury may consider the lack of complaints to be a measure of the extent of the injury. Of course, the interpreter can then only translate what was said in court, even if they understand some of the cultural nuances behind the witness\u2019s behavior. In some other scenarios, such as business negotiations, interpreters are more likely to act as cultural facilitators and intermediaries between parties.<\/span><\/p>\n

Finally, Professor Song gave some best practices for interpretation in international litigation.\u00a0<\/span><\/p>\n