Stupefying language – to aid or abet?

 

[graffiti*]

“After careful thought, I am too academic and old-(fashioned) to do this properly. I will have to pass.”

I sent this response to one of my regular customers, who asked me to further simplify the simplified text of a contract based on similar language on another site. In other words, I was asked to take simplified English of a legal agreement and turn into street dialect, including the grammar or lack thereof and vocabulary. This request was the first I have ever received of this nature. As such, I delayed response until I had carefully considered the matter. The dilemma for me went beyond my ability to the properly perform this task and involved whether I should do it.

To clarify the task, although I cannot present the actual text due to copyright and confidentiality issues, I will provide a similar example:

Legal	Simplified	Uber-simplified
Only hair salons with city business licenses can sign this agreement.	If you are working from home and not paying the city to allow you to run your business, forget about it cause we cannot help you.	You think that any idiot with a pair of scissors can join our site? Forget it! Pay the stupid city. Don’t waste our time.

 

I wish I could say that I am exaggerating but some of the examples provided were far more “conversational”. The nature of the task was clear.

I understand that there is a justification for this task. In every country, a certain percentage of the population, some more and some less, lack basic language skills. The reasons for this deficiency include being immigrants, not finishing school and not even having gone to school. These people are already disadvantaged and discriminating against without unintentionally taking their legal rights away from them. As they cannot understand even simplified legal language, the idea of bringing the language down to their level can be justified in terms of social justice.

However, I was not qualified to do this project due to my background, lack of exposure and language habits. To explain, my father was a journalist and financial writer who chose words like some choose tomatoes at the green grocer: picking each one with care and searching for the gems. He would say: “why use three words when one word will do.” Clearly, that rule would not apply in this assignment. Beyond that, I have lived in Israel for some 30 years now and have no idea how the uneducated currently speak on the street, not that I ever was exposed to that language when I lived project there. Finally, as an English lecturer as well as a translator, I teach and reinforce proper English and believe in its value. Writing such dialogue would border on cheating on myself in a certain sense. Thus, I was clearly not the correct candidate for this job.

Beyond the issue of ability was the problem of the ethics of accepting substandard English as a dialect. The issue of when substandard language becomes respectable is complicated but has a long history. After all, French, Spanish and Italian, among others, began as awful Latin. However, intentionally writing text as if I were Cheech and Chong went beyond funny and entered the range of inappropriate. Although it may overly simplistic to think so, I believe that people of all ages can improve their language at least up to a certain level. It may elitist to say but I feel that they can and should. It simply felt wrong to cater to and legitimatize extremely substandard English.

For that reason, I exercised my right to take my personal stand on this issue and wrote the answer cited above. The issue is not black and white and does involve a dilemma. Specifically, does explaining legal language using street syntax aid people in understanding or abet them by formally legitimatizing their language? I reached my own conclusion. What would your decision be?

* Caption pictures to create full access to the blind.

Picture credit: Image by <a href="https://pixabay.com/users/mmt-649797/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=569265">MMT</a> from <a href="https://pixabay.com/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=569265">Pixabay</a>

Time in the balance – how freelancers can create a sustainable work schedule

 

[lit lighter*]

Entrepreneurs, especially freelancers, lack an external framework to limit hours. Employers have legal limits in determining the number of hours they can make their employees work with most companies restricting the amount of overtime any employee can take on. Store owners may work long hours but most non-chains are not open 24 hours a day or even 7 days a week. Germany probably has the most extreme restrictions with the vast majority of stores closed in the early evening and generally on Sunday. Freelancers, solely responsible for their own success and generally highly motivated to work, often equate downtime with reduced income, ignoring the short- and long-term effects of overwork. However, by creating some consistent limits on daily and weekly work hours and proper management of workloads, freelancers can sustain a high level of productivity and enjoy life.

[character lifting weights]

First, it is necessary to define work. Judaism, due its Shabbat laws, has quite a volume of writings on this subject but instead I will use a Jewish joke to provide a workable definition. The story goes that two priests were discussing whether sex was work or pleasure and decided to consult their rabbi colleague, who had much more practical experience in the matter. Upon hearing the question, he immediately and unhesitatingly stated that sex was pleasure. When pressed for an explanation, he simply noted that if sex were work, his wife would have the maid do it for her. Consistent with that definition, work is any task that a person would have no issue having somebody else do in his/her stead while pleasure is a task that a person saves for him/herself. For example, while I do not translate on Saturday, I do write posts because I enjoy, even relish, the process of writing. Thus, on Shabbat, I do what pleases me, which happens to include writing posts. Therefore, for the purpose of this article, work is any task that you would not choose to do on a day off.

[up and down graph]

While at the surface it would be logical to think that more hours lead to more income, at a certain stage, the returns not only diminish but also decline. The first sign of overwork is reduced productivity and increased errors. Over time, it requires longer time to produce the same quantity of work, accompanied by every increasing number of errors. Reasons for this decline include reduced patience and increased mental fatigue.  Fortunately, a nice evening out generally recharges the battery. If a person ignores this overload for too long, burnout begins to develop, often expressed in less enthusiasm to start the day or a reluctance to take on challenges. When the brain goes on strike, it becomes necessary to take a few days off. Complete denial of overwork can lead to mental and/or physical collapse. The cost is heavy as many writing in Mental Health Week posts noted. The financial loss from the complete inability to function is much heavier than any associated with a short break from work, not to mention the harm caused to the relations with family and friends. In short, overwork is a preventable issue that is ignored at one’s peril.

[international clocks]

The first element of proper work management is the length of the work day. It is clear that the vast majority of entrepreneurs do not work from 9-5 or even 8-6. There are simply too many tasks to accomplish on most days. Freelancers working with customers with multiple time zones find themselves connected almost 24 hours a day. In practice, aside from being physically impossible over an extended time, such dedication to work turns a person into a robot, with no time or energy for family and friends. In order to balance the need for mental and physical health with the requirements of running of business, it is first necessary to identify and set hours for full business activity and those for monitoring communication. Specifically, as each person has individual peak times for thinking, such as early morning or late night, it is advisable to perform high concentration tasks during the most productive hours as much as circumstances allow. The freelancer should handle the lighter tasks in the tail periods. The actual length of the working day clearly varies by person as age and experience create different endurance capacity. I personally take a nap every day, allowing me to extend my work day to better cope with the time zone issues. As for responding to emails, it is perfectly legitimate not to respond to correspondence in the late evening as most people do not expect an immediate answer during those hours, with some exceptions. By limiting active working hours and allowing oneself not to respond, the freelancer gains several hours of downtime each day, a key for long-term health.

[Cat sitting in a bowl]

It should be clear that working seven days a week is not sustainable over a year. The problem is that special cases requiring us to work an entire week without a day off become the rule, not the exception. The only way for an independent entrepreneur to take a day off is to schedule it. The actual day of the week is not important but at least 24 hours without work is vital for sustainable work. For example, my wife and I have decided that we do not work from Friday night to Saturday night except in extreme circumstances. Our reason for keeping the Jewish Sabbath is not religious but instead practical as nobody in Israel or abroad expects us to work on Saturday, meaning we do not generally receive requests, thus facilitating our decision. I also do not work on Sunday nights as I watch US football and baseball but, again, it is easy to take Sunday night off as the whole world is recovering from the weekend. In practice, all that a freelancer needs to do to have regular days off is make a firm decision, which is admittedly easier said than done. However, insistence on at least one day of rest pays long-term dividends.

[stress attacks]

The last scheduling choice is the actual workload. Freelance business tends to be feast or famine, i.e., too much or too little. While the latter may not be healthy for the bank account, the former has the potential to harm the person. It is difficult, if not impossible, to define “too much work” as individual capacities and technological skill vary from person to person as does the effect of stress. Some people only perform at the best when they face a tight schedule. However, everyone does have a point beyond which the pressure created by the workload begins to create harmful physical and mental health. The key is to identify that point and be ready to schedule work in a manner that does avoid that point, even at the price of losing a project. I suffered from years from irregular heartbeat, which was aggravated by stress. One benefit was that it taught me to listen for the signs of stress and schedule work in such a manner that I feel confident in my ability to meet the deadline without killing myself. If a potential project creates uncomfortable stress, I state a deadline that fits my needs even at the risk of losing the project as my health is more important any specific project. Daily work scheduling is not a science but instead the art of managing the possible.

The results of overwork are financially, physically and emotionally disastrous. Entrepreneurs, especially, freelancers, should schedule the work day, work week and work load in such a manner that the they can sustain the pace and enjoy the money they earn. After all, money is a means for a goal, not the goal itself.

* Captions allow the blind to fully access the Internet.

All pictures from Pixabay.

A spotlight on English to Hebrew legal translation – an interview with Adv. Yael Segal

[spotlight*]

It is often illuminating to get an opposite perspective on any matter. As I translate from Hebrew to English, I was curious to know it looked from the other side. I posed several questions relevant to translation and learning translation to Adv. Yael Segal, an experienced English to Hebrew legal translator as well as teacher of translation. In terms of background, she studied law and psychology in Tel Aviv University, interned in Shibboleth law firm, was admitted to the Israeli Bar in 2011 and has been translating ever since.  She teaches legal translation in Beit Berl College and Versio Academy. She lives in Herzliya with her partner and 3 boys.

1.  What would you consider a proper background to be a legal translator into Hebrew (aside from a law degree)?

I think that anybody can be a legal translator. I even teach it (at Beit Berl) for that reason. Legal language appears daunting but once you learn how to recognize it, it no longer seems impossible. Some students break through that barrier as early as the second lesson. However, it should be noted it requires serious investment, especially to those that do not have any legal background (which is not limited to a law degree and may be attained in other ways). Ultimately, I learned legal translation as I learned English: I simply read a tremendous amount. In my opinion, a person that wants to enter this field and has the analytic ability will succeed.

2.  What are some specific challenges translating English to Hebrew legal material?

 

First and foremost - terminology. There are many words in English without an equivalent in Hebrew or whose equivalent terms is not exactly the same. For example, think about how many words there are in English to say lien or mortgage. In Hebrew there are barely two words, שעבוד [sha’avud] and משכון [mishkun]. I would love to meet an Israeli attorney that could tell the difference between them. Another related challenge is the difference in the legal systems. An equivalent concept does not always exist. Furthermore, Hebrew has no capital letters and thus cannot emphasize terms using them. Sometimes it in necessary to find creative solutions.

 

3. What are some mistakes that distinguish a poor legal translator from a proficient one?

 

In general, bad translators produce a text that I cannot understand despite my significant experience reading legal material. They stick too closely to the English text, ignoring the actual meaning. Although the material is legal, it is sometimes necessary to change a word or two to render the material readable. Many attorneys think that English syntax creates a higher register. For example, they write In Hebrew that “the document will be signed by the company.” I do not agree. As I see it, the Hebrew should read: “the company will sign the document.”

 

Furthermore, there are translators that believe that it is possible to find everything in the dictionary and simply translate the word without understanding the legal terminology. As a result, we see jewels like “capitalized terms” translated into Hebrew literally as “conditions involving capital”, תנאים מהוונים [tnaim mehuvanim], instead of defined terms מונחים מוגדרים [munachim mugdarim] or “prejudice” into the Hebrew prejudgment דעה קדומה [deya kduma] instead of the Hebrew word for damage, נזק [nezeq].

 

4.  In regards to the issue of agencies vs end clients, which do you prefer and why?

I have no preference. Agencies pay well, have your back if there are problems with the customers, treat me nicely and provide me with interesting material just as do private customers, who pay well, treat me nice and provide me with interesting material. I will not work with an agency that is not appropriate for me nor will I work with such a customer. I have no problem giving an agency a percentage of my charge as an agency fee if it is worthwhile for me.

5.  What advice would you give a customer seeking translation of legal document into Hebrew?

 

Ask for a sample, paid or free. Choose on the base of recommendations, not the lowest price. Provide translators with as much background as possible. If there is specific terminology, let them know in advance. Finally, of course, pay on time.

Taking into her broad background, specifically law practice, translation and teaching, her answers emphasize that legal translators require thorough understanding of both law and language. The attainment of these skills requires significant investment of time. This point is vital importance to prospective and current translators as well as purchasers of legal translation. I wish to thank Yael (Ygoraly@gmail.com) for shining light on this specialization and wish her and future English-Hebrew translators success.

* Always label to picture to allow the blind full access.

Picture: Image by <a href="https://pixabay.com/users/clker-free-vector-images-3736/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=303864">Clker-Free-Vector-Images</a> from <a href="https://pixabay.com/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=303864">Pixabay</a>

Relatively rude – International communication

 

[Tower of Babel*]

The world may be becoming a global village but each of us has our own native language and culture. This tower of Babel, now just as then, creates infinite possibilities for misunderstanding, especially when negative emotions are expressed. For example, the line between acceptable annoyance and unacceptable anger is cultural and subject to interpretation. The manner in which people express these feelings vary by culture and even subculture, a factor to be taken into account when interpreting communication, especially written, and sending messages.

Each culture, however defined, has created its norms for the acceptable manner of expressing dissatisfaction beyond which the message is considered too angry and personal for business communication. Two factors in this framing are directness and registry. The Mediterranean and China are known for their direct approach in terms of syntax. “You have not paid me” is not considered rude but a fact, however unpleasant. Other regions insist on a more indirect, objective approach that would be laughed at by direct cultures. “I have no record of payment” sounds much less accusatory and more professional than the direct accusation to an American or Brit even though the message is the same. Not every country appreciates straight-to-the-point communication

Register also is a factor. For example, the form of the second person pronoun or lack thereof is part of the message. For example, the choice of the informal you (e.g., tu in French and du in German) would create a very negative reaction as compared to the vous and Sie, respectively. Likewise, Japanese business culture requires frequent use of honorific particles. The use of titles such as Mr. or Mrs. is obligatory in many cultures but even insulting in other ones. For example, in Israel, women under the age of 60 do not appreciate being referred to as “Mrs. So and So” as it that implies she is old. On the other hand, I sort of enjoy being called Mr. Rifkind in the United States even if I subconsciously look if my late father is near me as it means that I am receiving respect. In written communication, this formality is expressed in the closing. For instance, proper English letters should end in yours truly, yours sincerely or respectfully yours regardless how untruthful, insincere or disrespectful the letter is. Similarly, all formal French letter end in “Veuillez agréer l'expression de mes sentiments distingués”, be assured of the expression of my distinguished sentiments in English, even if the writer is threatening to send the receiver of the letter to jail. Noblesse oblige. As long as the rules of syntax and formality are followed, the message can sometimes avoid being rude but merely be highly unpleasant.

For the receiver of emails and memos from other culture, this variety of approaches means careful consideration of the form as well as the message in order to ascertain the actual emotional subcontext. For example, the sentence “I found many errors in your work” implies varying degrees of dissatisfaction. If an Israel or Spaniard writes this, it is probable that the receiving party will have an opportunity to re-establish trust. By contrast, this same line from an English or German would probably mean the end of the business relationship. On the other end of the scale, the sentence “we would appreciate delivery in the near future” coming from a UK agency is not a polite request but an order. It is an error to base interpretation of the message on the culture of the receiver as that of the sender is the determining factor.

It should be noted that most users (including writers) of English worldwide have a different native language, meaning they did not grow up in an Anglo-Saxon country. Their level of mastery of English and awareness of culture differences thus varies greatly. Adding to the confusion is the fact that the name of a person provides no clue to where they were born. Just because the first or last name may “sound” Spanish or Asian, for example, does not have any significance of their mastery of a language or cultural norms. As a result of this linguistic shuffling of the cards, it is a good policy to allow for cultural confusion in interpreting communication. In practice, the person writing the message may have no idea that their form of expression is rude. The worldwide village demands some tolerance to operate properly.

As for creating communication, business people must attempt to take into consideration the cultural background of the receiving party, if possible. The purpose of communication is to attain a goal, which generally does not include insulting the person or getting them angry. Therefore, it is advisable to apply some indirectness where appropriate, i.e., discuss facts, not personal intentions. For example, I would appreciate payment within seven days works much better than Pay me within seven days, especially if a hefty arrears interest is then mentioned. The message gets across. Likewise, it is important to always begin correspondence with a proper salutation and closing and maintain language-appropriate formality. The French are genius at polite nastiness. Let your words attain your goal without interference from your form. When in doubt, consult with an expert. Clear communication is a key for solid results.

Doing business worldwide not only requires language skills but also cultural awareness. Faced with the need to communicate effectively with someone on the other side of the world, geographically or culturally, business people struggle to express what they mean and understandably so. After all, “Isn’t that rude?” is in fact a very complicated and important question.

* Always label your pictures to allow the blind access to your posts.

Pictures: Image by <a href="https://pixabay.com/users/gdj-1086657/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=5771062">Gordon Johnson</a> from <a href="https://pixabay.com/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=5771062">Pixabay</a>

All encompassing – translation and translators

 

[Unity puzzle*]

I had the privilege of participating as both a presenter and attendee in two online Translation Day conferences this week, specifically the three-day KTLC Conference in Poland and the Proz.com two-day International TranslatorsDay 2021. Aside from being well-organized and highly informative, they presented quite a panoramic picture of the present and future of the language industry. The most striking image was how inclusive the industry is today in terms of the variety of roles available, the people involved and the actual importance of translation. These conferences left me with a sense of how broad the terms translation and translator can be.

[Rubik's cube]

First, the task of a translator is not necessarily limited to transferring the meaning of text from one language to another. For example, in a panel discussion in the Proz.com event, Marina Ilari, Kate Edwards, Belén Agulló and Yuhei Nasu provided concrete examples how they have guided game companies in adjusting content in game content and script to create seamless international distribution. Gabriel Karandysovsky (KTLC) discussed the importance of listening to buyers when localizing content.  Nina Sattler-Hovda (Proz) provided a detailed explanation of the process and future of transcreation. Translators can even act as marketers as Isabella Nanni demonstrated in her presentation (Proz). Thus, the translation industry provides concrete opportunities for people with many types of talent and background.

[Multicolored toys]

More striking than the specific roles, it was eye-opening and encouraging to see how diverse the translator community is. The experts in all of the panel discussions I viewed were entirely or mainly women, each with decades of experience and confident in their skill. Two Africans, Osman Abdullahi and Dachiny Ewekengha (Proz), presented the story of their entry into the profession. In terms of age, the presenters reflected the entire spectrum, showing that the translation business is relatively free from ageism. Furthermore, these conferences provided more than enough information and tips to allow a complete novice to build a successful career. Many lecturers, including Andrzej Homańczyk and Zofia Owczarek from Kontekst Translations (KTLC), showed how it is possible to create and develop lucrative specializations. The translation industry truly is an equal opportunity employer.

[Opened lock]

Beyond the what and who, some presenters exposed the inspiring world of the why. Translation is not merely the technical representation of content. It also opens the world to the disadvantaged. Sabina Jasinska (KTLC) exposed the importance of means of Internet access to the disabled, temporarily and permanent. M. Paula Jacinto (Proz) discussed gender pronoun use and its importance, a highly debated issue worldwide today. My contribution was to highlight the importance and manner of translating legal language such that vast majority of the population can understand the contracts they sign. The message that these and other speakers reinforce is that proper translation matters and affects millions of people.

I regret that I was not able to mention or even attend many of the lectures that were presented. However, I completed this marathon with the strong belief that the language business is much more diverse in tasks, skills, people and social roles than it has ever been before. Anybody with a love of language, skill in a relevant area, a willingness to learn and a desire to make the world better can make it a career. Translation as an industry is truly encompassing.

* All pictures from Pixabay.