On substance, form and proper translation

 

[Two diamond structures*]

The most important issue for purchasers of translation should be product quality. While price impacts budget allocation, the effectiveness of the translation affects the practical use of the text. The challenge, especially when dealing with an unfamiliar language, is assessing that quality. I suggest posting two questions on any translation product, specifically on content and form. The correct answer on both questions provides a strong indication of high quality.

To clarify the meaning of content and form, all documents contain a message consisting of larger ideas and specific details. The translation must accurately reflect those elements both in terms of the concept and the relative importance of the details. If the word choice misleads or confuses the reader, the translation is not effective. However, the form of the document and sentence syntax needs to reflect that message as it is understood by the reader of the target language. For example, the rate of usage of passive or short sentences varies from language to language and creates different impressions. While short, direct sentences is generally considered acceptable communitive language in English, especially in marketing and technical texts, such sentences are considered choppy and lower register in Arabic or French. Thus, in most cases, the syntax of the translation may and even should differ from that of the original text. This difference is acceptable as long as the content and style are in line with each other.

Adding to the challenge of accurate translation is the natural difference in vocabulary among languages. Concepts do not have a 1:1 ratio in terms of translation. In some cases, while one language may have on word, another language has two or more or even none. A prime example is the concept to wear for which English has the single verb while Hebrew has more than seven different words, depending on the item to be worn. In some cases, words may be more or less inclusive. An example in the Hebrew-English combination is the Hebrew word יעיל [ya’il] can be translated into effective or efficient in English. Thus, the translator may have to add words to transmit the same idea or may be able to eliminate them without harming the content.

Of course, depending on the type of translation, the freedom of expression granted to the translator varies. For court transcripts and some medical documents, precision is of the highest priority with even the smallest differences in meaning and form having significance in some cases. By contrast, in many literary translations, the linguist has the privilege and duty of finding a natural way to transmit the writer’s intention. Two examples are changing poetry to prose if it is impossible to recreate both the meaning and rhythm of the original and localizing content, such as the change in the order of the diseases  in 3 Men in a boat to keep the list in alphabetical order. In most cases, the translator not only has the option but often the obligation to adjust the form to the content.

Thus, when receiving the final translation in an unknown and foreign language, it is vital to receive an assessment of its effectiveness. To do so, the first step is to ask one or more native speakers of the target language what the document is trying to say, with emphasis on the main points. If the message is essentially identical to that of the source document, the next step is to ask if the form, i.e., language and structure, interferes with that message because it is somehow incongruous, including due to overly literal translation or faithfulness to the original sentence structure. If the answer is negative, it means that translator professionally transmitted the message. Any dissonance indicates that the translation can be improved and may be ineffective. In this manner, the concept of a “good” translation is specified and qualified.

It is clear that paying for an ineffective translation is a poor choice, regardless of the budget. The customer can and should assess the quality of translated document by asking two questions, one about the message and the other about the form, from potential members of the target audience or native speaker of that language. A clearly positive result should inspire confidence in the document and the translator.

* Captions help the blind gain full access to the Internet.

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Legal digitalization – A catalyst for change – the ILLA (The International Language and Law Association) Conference – 2021

 

[Courthouse*]

I had the pleasure of participating this last week in the ILLA hybrid conference from Bergamo, Italy focusing on the digitization of legal discourse. As usual, the learned field of lecturers provided varying and illuminating perspectives on the changes in the legal field made possible by technology and spurred forward by the Covid situation. In the lectures that I attended, three aspects stood out, notably the evolution of legal forms, communication and substance.

Clearly, the physical barriers imposed by Covid restrictions have forced courts to adopt modern means of procedure. As Daniel Greineder noted, arbitration courts have significantly increased their use of video presentation and online evidence submitting facilitated by use of Live Note or similar software as well as rapid hearing transcripts. On a geographically larger scale, the International Court of Justice proceedings in Africa, as reported by Jekaterina Nikitina, involved mass use of video technology for both advocates and witness, including intentional hiding of faces and voices in the latter case. On an interesting note, the court allowed and requested attorneys appearing via video not to stand before the judges as the cameras would no longer be on their faces, a contrast from traditional court practice. Thus, courts have adopted to the availability of technology and difficulties of current circumstances by liberalizing their procedures.

On a communicative level, this digitization can create issues of vocabulary, intent and design form. Martina Bajcic and Martina Ticic researched key terms of EU online processes, specifically small claims, and noted the tension between use of the same term for all countries when the given term is not commonly known in a given country, giving the example of the word “domicile” in Croatia. Similarly, Sotira Skytrioiri showed how the words “bank” and “headquartered” can have different meanings, depending on specific jurisdiction, highlighting the relevant question whether an Internet bank has a territory. Giuliana Diani discussed the use of legal blogs that extract formal legal opinions to serve as a basis of personal points of view regarding the matters at hand, quickly transforming the decision from a final judgment to a basis for popular argument for legal lay persons. On the design level, Helena Haapio and Anna Hurmerinta-Haanpaa described and provided examples of actual user-friendly design, including the use of software to provide simple interpretations of legal text and a 3-level approach to online legal information: simple instructions, summary of conditions and full text, each accessible by a simple click. It was clear that the accepted manner of communicating law by Internet is in the process of change.

The most intriguing aspect was the impact on legal digitization on the present and future. Ruth Breeze compared non-commercial free advice websites with those of attorneys seeking new customers. Unfortunately, it required great viewer sophistication to distinguish the two, meaning that, through “colonization” the Internet has clearly blurred the difference between NGO legal assistance and aggressive legal firms. On a larger note, Dieter Stein noted the transition of law from oral, i.e., historical, to written, i.e., enactive, to digital, i.e., reactive. To clarify, while oral law was a form of precedent, written law was a guide for future activity, stable and slow to evolve. By contrast, online sites can change their content within minutes without any visual record of the change. On the one hand, these sites provide updated information on current regulations, quite valuable with the constant flux of Covid rules, among other matters. On the other hand, the sheer simplicity of the revision brings the disturbing image from Orwell’s 1984 of the constant, granted non-digital, changing of the news and modifying of the past. I am not sure that the long-term effects of this instant update are for the ultimate benefit of the citizen. Regardless, digitalization is changing the nature of the law.

I apologize for failing to mention the other speakers as I was unable to attend all the lectures. My own contribution was on the importance and manner of writing legal English in a manner that an average reader can understand. I also wish to thank the organizers for managing a hybrid conference quite seamlessly, a living example of digitalization on legal conferences. They provided a wonderful forum to help legal scholars of all kinds view the process of legal digitalization with a much wider lens, gaining a deeper perspective of the present situation and appreciation of future developments.

* Picture captions help the blind access the Internet.

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Great expectations – Service provider- PM relations

 

[Two puzzle pieces*]

One of the most vital links in the LSP as well as other business processes is the relationship between the service provider, often a translator, and the project manager. When smooth, it leads to optimal efficiency but, when flawed, can create production delays and poor products. One cause of tension is the fact that translator and PM have only partial knowledge of the difficulties faced by the other party. Yet, in practice, they share the similar expectations of their colleague. Some 18 years of experience working with PMs and long-term relations with many of them have led to believe that the keys for a successful partnership are mutual respect for timeliness, insistence on meticulousness and faith in the good intentions of the other party.

["Deadline]

The translation business, as most other businesses, is structured by deadlines. Clearly, customers expect the finished product by the agreed time. Also, as ISO and less official QA process generally involve multiple stages, it is vital for all providers to meet their insistence deadline in order to avoid a domino effect on the entire process. It is my experience that PMs value translators that deliver their document on time without prompting. While unpleasant surprises such as illness or computer failures occasionally occur, these incidents should be extremely rare. In practice, this means that translators need to consider their deadline very carefully and report any issues as soon as possible. From the vendor point of view, translators respect PMs that quickly reply to queries as the answers are often vital for the project. They also appreciate receiving all information, including venue passwords, customer requirements and POs, in a timely manner such that the translator does not have to invest time in additional emails to attain that information. If any issues arise, linguists appreciate updates as soon as the PM has the information. In regards to companies with non-automated systems, I enjoy a prompt confirmation of the receipt of the translated document as I know that I do not have to worry about any email issues. When both translator and PM respect each other’s time, it makes the whole process not only more efficient but more pleasant.

[Snakeskin pattern]

Of course, attention to detail by both parties is vital for product quality. Clearly, good translators strive very hard to produce accurate translations, investing sufficient time in QA. As part of this process, attentive translators make a policy to read and reread the instructions to avoid wasted work and post-delivery revision. Effective PMs make sure that the translators have all the tools required to succeed, including access to originals and the required format. Attentive PMs also provide vital information related to the translation, such as the intended audience and spelling of the name in the target information. In fruitful PM-service provider relations, each side is pulling its weight.

[Jackdaw cleaning jackday]

As on all partnerships, trust is the key. Specifically, it is important that each party believes in the good faith of the other and its willingness to learn from incidents. All PMs clearly desire a smooth flow but proficient ones understand that sometimes “shit happens”. Likewise, experienced translators keep in mind that the PM may be involved with numerous projects and venders at the same time. Thus, a healthy PM-translator relation involves the belief that the other party is doing the best it can. When an issue arises, the emphasis is on solving it and learning from the experience, not establishing financial responsibility. The lessons learned solidify the basis for cooperation as both parties understand that they have a serious partner, one that cares about the result.

Timely, meticulous and good faith cooperation between service provider and project manager in all fields provide a solid basis for an effective and long-term collaboration. Of course, other factors influence the relationship, including rate structures and corporate culture. Still, if these basic expectations are met, it will be the best of times.

* Picture captions allow the blind access the Internet.

All picture via Pixabay.

Seeking the common denominator – a seasonal call to thinking big

 

[Holiday dinner*]

As a society and as individuals, we tend to seek to identify differences. Politicians carve out constituencies by statistically defining groups. Reports in the traditional media are explicitly about the unusual, not the banal. The masses of parents preparing a sandwich for their children’s lunch before they go to school is not of public interest but an especially shocking tale, however rare, of child abuse is news worthy. Social media certainly is quite often a dividing force. Personally, as a translator and teacher, I have been taught and directed to identify non-similarities and explain them. Thus, the dominating tendency is to create us as compared to them images.

However, this week, I accidently experienced a welcome call to reality. I teach general English to translator two groups of first-year engineering students at the Braude School of Engineering in Karmiel, Israel, which is located in the Galilee, a multiethnic area. The backgrounds of my students include religious and non-religious Jews, Christians, Muslims and Druze. (This year, I have no Ethiopian or Circassian students.) As part of the process to accustom them to public speaking, I asked them to stand in front of the class and tell the other students about their favorite holiday moments. To my wonder and joy, each and every one of them, all 57, spoke about getting together with family and friends, eating special meals and enjoying the feeling of belonging. The occasions differed, from Ramadan and Ziyarat al-Nabi Shu'ayb to Sukkot and New Year’s Eve, each according to his/her customs. However, the actual religious or calendar event was ultimately irrelevant. All the students valued the feeling of food, togetherness and love.

This wave of common joy led me to think about Thanksgiving. I do not enjoy holidays as a rule. Somehow, the expectation that I am supposed to be happy depresses me. Thanksgiving is the exception. It is a holiday of too much food, bad football, and spending time with family. It has been some 30+ years since I actually celebrated it because I live in Israel and am married to an Israeli. Yet, I still have positive memories. My feelings are exactly the same as those expressed by my students.

Living in a diverse community and having witnessed how easy it is set off conflict among groups, I now see how important it is for everybody to teach and encourage the recognition of common humanity. Instead of emphasizing religion or color and creating tribe mentality, as in the Middle East and many other parts of the world, each of us in our various capacities, including parent, educator, marketer and even translator, should recall and transmit how much people have in common. The easiest way is to seek and recognize the universal reasons why people behave the way to do instead of attributing behavior to a unique, often negative, factor. To do so is to oppose the tribalization of society. Granted, the influence of any individual in the face of organized and unorganized groups is very small. However, as small as neutrinos are, quite small I assure you, when grouped they carry a large mass.

So, during this season, so important to so many religions, maybe because of the winter solstice, the best way to celebrate is marvel how people worldwide are so similar despite all the differences in culture, religion, language and other background elements. It probably won’t prevent another war in the Middle East or anywhere else for that matter at least in the near future. However, the insistence on seeking the common denominators among us can only benefit people and society if only in that creates hope for a solution. I wish everybody many happy holidays celebrated by eating too much with too much family.

* The blind need captions to fully access the Internet.

 Photo by Sebastian Coman Photography on Unsplash

Render unto freelancers what is freelancers' or the importance of being paid

 

[magnet attracing coins*]

Freelancers wear a wide variety of hats ranging from computer technician to CEO with signatory powers. Some of these roles are more pleasant than others but all are important in their own way. One of the key tasks that freelancers must perform but frequently avoid is bill collecting. A business is not a hobby but instead a way to make a living. Thus, collecting unpaid invoices is vital for economic survival. Granted, as simple as it sounds, requesting payment can be rather complicated. However, with proper bookkeeping procedures, a directed mind set and effective communication, the check or wire transfer actually arrives in the account.

While lack of business kills many enterprises, the failure to collect unpaid invoices bankrupts at least as many. Beyond the issue of the moral justice of being paid the agreed compensation for the work, freelancers are expected to pay their own bills just like everybody else. Given the effect of the law of opportunity cost, i.e., you can only perform one task in a given period of time (unless you outsource), not being paid is lost time regardless of the reason. In other words, a person that does not care about payment should either work pro bono, which is legitimate, or seek a salaried position, in which case the employer handles the payroll. The midway position, ignoring unpaid invoices, is economically untenable in the long term.

For freelancers, this task can become complicated due to varying payment procedures, concern over customer reaction and emotional impact. Payment terms in a global market range from prepayment with some end clients to 90 days for some institutional clients. As small players, it is difficult, if not impossible, to impose any payment specific regime on customers, however reasonable it may be. Even 30 days is far from universal. Moreover, communication regarding unpaid invoices has the potential to create tension between the service providers and customer. Finally, putting aside scammers from whom payment is clearly irrelevant, it is emotionally disturbing when customers do not do “what they are supposed to do” and fail to pay their invoice on time. Freelancer often prefer to wait another month before raising the issue on the hope of avoiding an unpleasant situation. One of the common sources of this discomfort is the embedded belief that bill collecting is a dirty task to be assigned to undesirable types, like tanning in India. While it is not rational given that a person chooses to become a freelancer, this prejudice provides further fuel to procrastinate on this task.

The first key to financial success for any business, big or small, is proper bookkeeping. Regardless of the means, a designated accounting program or Excel, a freelancers must make it policy to immediately enter all relevant information on a project, including billing date and, if possible, expected payment date. Of course, once payment is received, it is wise not to procrastinate in marking payment information, including the date and receipt number, as it is easy to forget to do so later. With this information, it is quite simple for a freelancer to glance at the three previous months and identify which customers have failed to pay. Payment review ideally is a monthly task concomitant with monthly invoicing  The easier is to identify late payments, the more likely a freelancer will make it a policy to check for them.

When turning attention to unpaid invoices, freelancers must make a mind switch. They need to pretend that they are a clerk objectively and unemotionally checking the books of another business. As Detective Friday from Dragnet would say, just the facts. Given that vast majority  of customers, in my experience at least, fail to pay on time due to inefficient accounting procedures, it is important they remember that they also find these errors unpleasant. With that thought in mind, the freelancer needs to coldly create a list of unpaid invoices with all the required information, i.e., number, date, amount and project, if relevant. With list in hand, it is then the time to proceed to the next stage, actual collection. Procrastination, like fear, is an expensive habit.

It is important to remember that most payment delays are unintentional. Of course, if you believe that a customer has a policy of payment delay, it would be advisable to drop it as soon as possible. Therefore, requests for payment must non-accusative and provide sufficient information to allow a quick search by the party in arrears. In simple terms, it is important to allow the customer to climb down the tree in relative dignity and efficiency. Of course, before suggesting any payment in arrears, it is necessary to conduct a thorough search of the bank records to confirm it. My letter of collection states that I have no record of payment, not that that the customer did not pay. Furthermore, I actually apologize for the inconvenience, which makes it easier for the other side to apologize for not paying. I express no anger or frustration, merely the request to resolve the matter either by immediate payment or specifics of the actual payment that was made. My record is close to 100% on collection issues without any loss of customers. We both treat the matter as an objective business issue, not a personal dispute.

Fear is a great paralyzer. Choosing to become a freelancer requires taking on tasks that are less comfortable in terms of skill and mindset. However, good accounting, like good fences, makes for good relations. By practicing proper bookkeeping, treating unpaid invoices as an objective business issue and firmly but politely demanding payment, freelancers can receive the due compensation for their work. After, it is a vital to render unto freelancers what is freelancers.

How often do you review your payments? Click here to take a survey.

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The freelance dilemma – rising and raising prices

 

[Crossroads*]

It is probable that many countries will experience meaningful inflation in the short-term future.  For example, the US Labor Department announced an increase in prices of 0.9% in October of 2021, this previous month. For freelancers lacking both a CFO to analyze the risk as well as significant market strength, this inflation poses a serious challenge, even danger, as it affects our ability to make a living. As I see it, the self-employed have four options to cope with the return of inflation if it occurs, each with its benefits and risks.

To clarify why inflation is likely to become a significant factor in the short term, in simplistic terms, inflation is too much money seeking too few goods. In the last three years, governments around the world have pumped in unprecedented cash to their economies while their economies were not growing or even shrinking at the same time. Therefore, neither production nor productivity compensated for the inflow of money. Furthermore, given the current high cost of living in many countries and high level of government aid, many workers do not wish or cannot afford to return to their previous jobs, minimum wage and higher, creating a labor shortage in many industries and, consequently, pressure to increase wages. Adding the masses of people that have chosen to leave salaried positions to start their one business, employers will have to pay more to attract employees, a cost that will eventually be passed on to consumers. Thus, prices are likely to increase until a balance is reestablished.

Inaction is always an option. It is emotionally easier both for the self-employed and their customers to ignore inflation. Whether out of ignorance, the lack of belief that anything can be done, as with exchange rates, or the conviction that the market will not bear higher rates, passive freelancers hope that inflation will not be significant enough to affect their standard of living. In the worst case, the relative attractiveness of their rates will lead an increase in volume, compensating for the loss in purchase power. The advantage is that it is possible to continue with “business as usual” and ignore actual conditions. The risk is regular loss of potential income and lower actual revenue

One active response to wait for official inflation figures in order to justify rate increases to customers. In theory, freelancers can inform their customers that their rates are increasing X% to reflect the official figures for the previous six to twelve months. For the freelancer, such an approach helps reinforce the courage required to raise prices and should increase the chance that this request or notice is accepted without protest. On the other hand, this strategy recognizes a write off of indexing differences, the gap between the nominal and adjusted income. Furthermore, as freelance rates are not automatically linked to any income, there is a limit on the frequency that this unilateral increase can be made, generally around once a year. While this reaction-based approach may be simple, it also simply creates lost income due to its delayed effect even in the best circumstances.

Of course, the self-employed can take a proactive approach and inform their customers that as of a certain date, their rates are increasing. For example, a translator can announce that as of January 1,2022, their rates will be .105 EUR per word instead of .10 EUR per word to reflect increased prices and taxes. The advantage of the approach is that it reduces the impact of inflation. The danger is that not all customers will continue to provide work at the same level or at all. As a result, entrepreneurs must invest time and effort in finding customers that will pay their desired rates, a positive result in itself. Admittedly, there is no certainty that the proposed increase will fully compensate for the actual inflation but there is no certainty in business in any matter. While being proactive may create some tension with existing customers and involve increasing marketing efforts, it does provide some protection from inflation.

Another approach, at least for translators and editors, is to switch to project-based pricing. As there are no “units” in this form of proposal, the rate can be adjusted flexibly, taking into account specific circumstances such as the individual customer, the state of the relevant economy and translation markets and the actual supply and demand of the freelancer at the time. As there is no need to justify increases to the customer, they are much easier to attain in real time. Of course, it requires educating customers that you do not have any per-word or per-hour rates but, in my experience, they not only get used to it but find project proposals much simpler. While many customers, including large agencies, may not prefer this approach, end clients find it much easier to understand and budget for. Furthermore, it does allow for immediate adjustment of prices. Project-based pricing requires changing the nature of the customer-freelancer relationship but provides the most effective protection from inflation in my opinion.

If inflation does begin to significantly affect buying power, freelancers should actively consider their strategy to cope with it. Each approach suggested above has its advantages and risks. However, clearly the problem of rising prices and raising rates poses a dilemma to self-employed but the power to act is our hands.

* Captions help the blind access the Internet.

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Keeping both feet on the ground – maintaining bilingual proficiency

 

[Footprints in sand*]

Professional translators must not only to be proficient in the languages they work in but also maintain that level over their career. Attaining proficiency generally involves some combination of intentional action, e.g., studies, and life circumstances, e.g., living in places where people used a language. By contrast, keeping both languages up to par requires conscientious effort as the geographically distant language receives less reinforcement. However, it is possible to overcome that disadvantage to a large degree through active exposure, oral and written. The benefit of such an effort is a long, successful career in translation.

[Rusty gears]

It is clear that an important difference between an aspiring and professional translator is language proficiency, especially in the language being translated. Attaining this level of knowledge of a foreign language generally involves formal study but more often than not also develops from intensive exposure that the language or culture, whether through frequent visits or long stays in a relevant country or living with people that speak that language. As adults, most translators live in the country of birth or an adopted country, reducing exposure to one of the languages. As rust settles forms on the geographically distant language, the person slowly loses the ear. More seriously, without exposure to current developments in vocabulary and structure, translators find themselves failing to understand the meaning of more modern language. The longer the exile, the greater that gap between the language being currently used and their knowledge. Over time, the “new” language becomes a truly foreign language. This dissonance is even true for native tongues. Long established expats can sound like characters from an old movie, slightly off in some ways. It is clear that, without reinforcement, translators can lose some relevant language skills over time.

[Social networks]

Of course, the best way to connect with a language is to use, speak and write with others in that language. With current technology, building an international network is matter of time, not money. For some, work situations create natural bridges when they require regular communication, such as in business or teaching. For others, it is matter of reaching out to friends and family and investing time in communicating. Curiously, communication limited to an expat community tends to reinforce localized language, which is not always identical to that of the home country as it includes 2^nd language interference and foreign vocabulary. Of course, frequent visits are very productive linguistically. Even if a language is a native language, it still requires active use to maintain.

[Monitor]

In terms of convenience and being up-to-date, the various forms of media provide ideal passive reinforcement. Whether through television, radio or YouTube, to name a few, a person hears authentic language unaffected by local peculiarities This language is often the most updated, at least for a specific age group, because it intends to be communicative. It also requires little active effort beyond turning the TV or computer on, being available on countless Internet channels. By regularly watching such programs, translators can keep updated on changes in vocabulary and structure as well as maintain their ear.

[Newspapers]

However, since the oral media generally aim at the general public, reinforcing higher level language involves reading newspapers and books. Newspapers, especially those with a higher standard of writing, generally use more formal language than television, thus strengthening the internal feel of correct language. Books and professional journals firm the benchmarks for translating formal material in the relevant fields. A person must be interested and regularly invest time and effort to make a habit of reading more professional material but the reward is updated knowledge and enriched language. Regular active reading of well-written language is the most demanding of all the means but also the most productive form of reinforcement.

Personally, I practice all three to the different techniques. I not only regularly use English in all my oral and written communication as a translator, I also teach English at the local engineering college, which requires me to have thorough knowledge of English language structure. I also watch UK and French TV through an Internet site, providing almost daily exposure to current language. Furthermore, I have a subscription to the weekly magazine Le Canard Enchainé, which keeps up to date on events in France and reinforces my vocabulary. Alas, my Russian, despite the great number of Russians with whom I interact with, has not kept up with the times. As I tell my customers, my Russian is “Breznevian”, i.e., from the 1970’s. As a result, essentially, I translate certificates from Russian as bureaucratic Russian has not changed much in a hundred years. In these ways, I try to keep my languages up to date.

This commitment to maintaining and even improving knowledge of all applicable languages is a key to a long, successful career. Not only does it keep them up to standards, it also provides personal satisfaction. After all, the reasons a person chooses to learn foreign languages and become a translator generally includes a love of language, which does not fade with time. By keeping all their languages firmly rooted, translators can stand up proudly for their profession.

* Captions help the blind access the Internet.

All pictures through Pixabay.

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>