Legal translation – Ignorance is not bliss

 

[Prague library*]

Translators, like countless other professionals, seek niches that offer higher rates and provide some protection against incursion by new technology, including ChatGPT. One tempting area of translation specialization is legal documents, whose major challenge seems to be its terminology. This barrier can be overcome with a little time and effort. However, in practice, the requirements for effective legal translation involve more than terminology and include actual knowledge of the law, which is vital in the understanding, writing and QA of legal language. In other words, when choosing a legal translator, actual study of the law should be a determining factor.

To clarify what I mean my study, the process can take on many forms, including law school, guided course and informal study. Clearly, having completed law school provides a clear advantage not only in terms of credentials but also knowledge. The law school graduate has an understanding of the logic and underpinning of legal reasoning. Even one year of law school, as I have, provides a certain amount of preparation for legal translation as I generally understand what the lawyer intends to say in the document. A person can also attain this same knowledge through online courses and specialized YouTube video series that cover specific legal topics in detail. Of course, unguided reading of law books or even exposure to legal language through parents can also be effective. In any case, the key is attaining accurate understanding of what contracts and other legal document can and should say.

This knowledge is vital because attorneys, at least in theory, say what they mean. It is the job of the legal translator, especially when working across different legal systems, to transmit that content without fundamentally adding or subtracting from it. To achieve this goal, it is necessary to understand the explicit and hidden text. For example, the word shall in English legal texts means to have a legal obligation, with no implication of the future, while may indicates a legal option, not probability. Likewise, the presence or absence of certain terms in US contracts, partially regulated by the UCC and relevant law, has a completely different impact than that same situation in civil code countries, where the contract essentially expresses differences from the model in the relevant national codex. For example, the absence of a termination date in a contract invalidates it in the US but implies an automatically renewing contract in most European countries. Even court systems vary significantly in terms of names and jurisdiction from system to system and even country to country. The choice of the court name is vital importance in understanding the document. Knowledge is key in transmitting the intention of the writer.

Even with an understanding of the content, a legal translator should produce a document in the correct style for the target audience. Each country has its “legalese”, often characterized by foreign words, a formalized sentence structure and fillers. For example, English uses Latin, active sentences and, at least formally, strives to remove redundant terms. Legal Hebrew, by contrast, distinguishes itself by using Aramaic words and quoting the Bible and is marked by constant inflation in terms of the number of words in a decision. French legal texts almost never use a “low” word when a sophisticated term is available and seem to embrace ambiguity as an art form, at least in my opinion. Thus, literal translation of a text, even if correct in terms of content, creates a document suitable for understanding only with little resemblance to a proper text in that language.

The knowledge of content and style come into the forefront when checking the translation before submitting it to the customer. Generally, the last step is a read-through of the text without looking at the source text. The purpose of this stage is to identify logic errors, whether created by the writer or translator, and improve style. Without knowledge of what should be, it is impossible to achieve either of these goals. Simply out, a qualified legal translator identifies logical and stylistic glitches in the text before sending to the customer, where such errors can lead to serious consequences.

Some would argue that experience is equivalent to study. However, without formal feedback, translators, like most people, tend to believe that “it sounds good” because it sounds like what they have done for the last decade. Alas, even if legal language were constant over time, experience only attests to efficiency, not accuracy. As Steven Erikson wrote, “tradition is the last bastion of fools”, or in the case of legal translators, just because nobody corrected an error ten years ago does not necessarily it was ideal even at the time. There is no replacement for proper study.

The need for translators to find a profitable niche has never been as strong as today. Actual knowledge should guide this selection as discretion is the better part of valor. Translators should avoid subject matter they don’t understand in the same manner they avoid languages they have never studied. My bank account and work schedule would be much fuller if I translated medical material as my wife does but I have learned not to touch it as I really don’t understand biology and medicine. Translators, like all professionals, should work with their strengths both in terms of language and content. For those interested in becoming legal translators, the best strategy is first gain knowledge of law because the results will generally reflect understanding.

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For love or money – the chaos behind freelance pricing

 

[reeds*]

If human beings were rational creatures and actively motivated to seek their maximum financial benefit, the range of prices among freelancers, an unregulated and competitive world, would be relatively small, reflecting mainly differences in geography and personal situation. Instead, freelancer pricing for any given service, including translation, is marked by extreme differences far beyond those factors. Rates range from the sublime high to the ridiculous low. Clearly, price choice goes beyond mere rationality and involves, as Hannibal Lector from Silence of the Lambs would say, the question of what people seek. As I see it, freelancers aim to varying degrees to win the sales game, position themselves among their competitors or maximize their income or achieve any or all of these goals at different times. The interplay of these motivations ultimately shape the actual price choices.

First, there are people for whom attaining the best price is an earnest game. To clarify, it is not the actual amount of money or profit that matters but instead the perception that they “won” by getting the price they wanted. For these people, negotiating rates is an addictive and serious game that must be won. They sense the relative strength and weakness of the other party and strive to maximize their own benefit. By contrast, many freelancers are disinterested, even dismissive, of price negotiation, considering it irrelevant or even distasteful. Some would even provide their job for free for the sheer enjoyment. That a person is willing to pay for the service is merely a bonus. At either extreme, money tends to be of predominant or no importance.

Far more freelancers tend to take a comparative approach, placing themselves in a given niche in the market via their pricing. After an analysis of the market of some sort, such entrepreneurs define the price of the product and/or work hour in relation to others in the same field. However, some religiously monitor the market and adjust rates to maintain their position, like NFL quarterbacks comparing salary among each other, while others consciously or unconsciously forget the matter and let their relative rates and position change as inflation, competition and technology alter the landscape. While one group actively maintains its chosen price niche, the other one is not actually committed to the concept.

Some freelancers are far more calculating in their choices. They determine how much money they require to live their chosen lifestyle and tailor their pricing strategy to meet that goal. They constantly evaluate where to put their efforts to attain their income goals. Interestingly, there also those that merely want to pay their bills and live comfortably. Any income beyond that amount  is of relatively little interest. Whether such freelancers are foolish or modest is a matter of perspective.

In practice, over a long career, freelancers modify their pricing strategy as circumstances and awareness change. Family status, age and personal ambition have varying impact over the years. As a result, the approach to pricing also changes, meaning that freelancers may be motivated by any of these instincts to one degree or another at any time.  Still, a desire for victory, status or comfort seems a basic instinct that varies from person to person beyond logic. Pascal noted that humans were thinking reeds but we each bend to our own direction, including in pricing.

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Ugliness is in the eyes of the beholder – curious political curses

 

[threatening act*]

Name calling has always been a part of politics, now more than ever. It is so human to label the opponent with some discrediting term in order to marginalize it. However, these epithets evolve like fashion, some disappearing, some reappearing and others maintaining a permanent place in our closet of curses.

Looking back over the last two hundred years, there are many political accusations that have lost their bite over time. Being accused of being a communist or a republican, not related to the American political party,  could get you in jail in many countries in the 20th century. Prior to that, being known as a royalist or a freemason created a precarious situation in parts of Europe. Today, these adjectives are anachronistic and  would be somewhat baffling to the current public.

Unfortunately, certain labels have re-entered the arena and have been thrown at rather misplaced victims. For example, the current Israeli government and its followers accuse those protesting its judicial reform bill  of being “anarchists”. This term took its modern meaning from Mikhail Bakunin in the second half of the 19^th century and was based on principled opposition to government authority at the expense of individual liberty. Some of its practitioners adopted directed action, i.e., political assassination, and became rather infamous, giving the movement a rather nefarious reputation. Having lost the war of complete individual freedom, the concept of anarchism now implies the advocating of chaos. The connection between historical anarchism and hundreds of thousands of protesters arranging and cooperating with police on a weekly basis and not harming any property is rather unclear. I strongly sense that most of the users of the word have no idea of the origin of the word, not that it matters. Clearly, anarchists are bad people because they actively disagree with what the government wants to do.

Likewise, the Russian insistence that Ukraine is fascist is rather off. Fascism, at least the German style, can be oversimplified as the use of a police state to implement an extreme and racially motivated social policy. Ukraine happens to be rather complex country in terms of ethnic roots, including ethnic Russians, Ukrainians, Jews, Poles and gypsies, to name just a few. It has a Jewish elected president, which means it is neither a police state nor openly prioritizes any ethnic group. It has never attempted to legislate racist laws, unlike a few of its neighbors, notably Poland and Hungary. Yet, Putin claims he invaded the Ukraine in order to rid of a fascist regime. As Spock would say, this is illogical, but logic is not an important issue in politics.

As politics by definition involves disagreement, people clearly need to define themselves and, more importantly, their opponents. This definition can be a curse or a matter of pride. For example, the terms liberal and conservative are thrown around freely as are right or left winger, relics of the seating arrangement during the French revolution. If someone proudly carries that title, it is not a curse but a complement: this is where I stand. After all, ugly is as ugly believes.

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Moving the stone – dealing with quiet business times

 

[millstone*]

Every freelancer has experienced them, the dead times when the phone does not ring and the only emails that you receive mention deceased distant relatives with large inheritances in very exotic countries. Ever so slowly, the feeling of failure and despair grows until even the most experienced entrepreneurs, including translators, start to have doubts. As the ebbs of business are inevitable as its flows, the only aspect that freelancers can control is their reactions to the situation. In my experience, with understanding, strength, perspective and belief, the quiet seas become an acceptable part of a long voyage.

As each business has its regular flows and unpredictable elements, freelancers can help maintain their emotional balance by analyzing the known and accepting the unknown. In practice, certain months traditionally have more or less work, generally due to holidays, with variances by country. For example, December is a great month for retail in Europe and the US but a terrible month for most other businesses as customers focus on Christmas and New Years. By contrast, December in Israel is a normal month, unlike late September through mid-October when the Tishrei holidays (Rosh Hashana, Yom Kippur and Succot) paralyze the country. On the other hand, some slowdowns are completely mysterious. The reasons why a given month had been traditionally busy but is very slow this year are often not clear unless some even event having a major effect on a given economy has occurred, such as Corona or a hurricane. Wisdom is accepting that it is impossible to predict or understand all events and wait patiently in the meantime. Not every down period is the fault of the freelancer or avoidable.

These periods of low activity create anxiety and even depression, which can lead to lethargy and despair. It is ineffective to advise people not to worry when there are bills to pay. Instead, it is more practical to leverage this emotion and use the free time to improve market position. There are always ways to improve a business, many of which require significant time to plan and implement. These practical actions include improving or building a website, contacting customers, taking online courses, writing articles, exploring social media and investigating other avenues to expand the business. It takes a strong will to harness the negative energy and render it positive in the long term. In some cases, quiet times are not only unavoidable but also necessary to create a successful business.

One of the hardest skills to develop is perspective. It may take years to view the ups and downs of a business work with a calm spirit and quietly roll with them. I have been a translator for almost 19 years ago and no longer despair when work slows down although I still find them annoying. I now use slow times to plan trips, conduct complicated purchases (currently a sofa), spend time with family, get exercise, see doctors and plan an expansion of my services,  not to mention play computer games. I generally find it difficult to find time for these activities when I am busy. My time investment may not be immediately profitable but it will lead to greater financial success in the future and personal happiness in the present. Quiet times do not have be non-productive times if a person can approach them as part and parcel of business.

Ultimately, people choose to become entrepreneurs because they have some type of vision, however unclear it may be. They believe in their skills and ability to provide a product or service that customers will purchase. While periods of low business may be emotionally trying, they do not necessarily signify that the person and business model are deficient in any significant way. The causes of such quiet times often go far beyond the matters of the entrepreneur and may be temporary. In other words, like farmers, entrepreneurs must have faith in the future. Panicking and lowering prices or abandoning a business are not generally not healthy or effective reactions. Sometimes, we need to remind ourselves of past successes to retain the assurance that “we can do it”. Whether it is confidence, faith or stupidity, perseverance and long-term success go hand in hand, tempered by an objective analysis of the market and the flexibility to make changes. In short, successful, happy freelancers have confidence in themselves and the future regardless of current circumstances. This confidence in itself attracts customers.

A very close friend of mine, Sarah Wrench, who unfortunately died in her twenties, wrote a fantasy book in which part of the plot involved people entering a cell in a huge heavy circle with one entrance. Alone in their cells and not knowing what others were doing, they had to push until the circle turned and reached the sole exit. Freelancers, especially translators, can relate to that feeling of working in a void. Sometimes, the work flows but other times, nothing seems to happen despite all one’s best efforts. However, when entrepreneurs grasp the known and accept the unknown, overcome and reverse negative energy, gain a perspective of the business and apply it and keep their faith in themselves and remain steadfast, these times not only do pass but lead to better days.

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Poor translation – causes and solutions

 

[squash with many colors*]

Poor translation is both inevitable and avoidable. All professional translators, like every craftsperson, have a dark hidden virtual cabinet with their early translations, never to be opened on pain of unbearable embarrassment. As such, poor translation early in one’s career is not a serious issue. Unfortunately, as I and my wife repeatedly see in editing other people translations, some (not all or most, to be perfectly clear) never really improve and continue to produce unacceptable text. To define the term, poor translation is not a matter of style preference, occasional syntax issues or a minor misunderstanding of a matter. Instead, poor translation involves completely inappropriate style, generally unnatural language and little understanding of the matter in general.  The most important ways to avoid all these errors is developing knowledge awareness, using proper QA tools and insisting on sufficient time.

Discretion is the better part of valor. Simply put, regardless of the temptation, it is far wiser to avoid texts on completely unfamiliar subject matter. Translators are both more efficient and effective working within their comfort zone and far less likely to lose the customer in the long term. Especially in specialized areas such as law and medicine, a globally inaccurate translation is worth nothing to the customer. It is possible to wander into related fields but this expansion should be done carefully. Translators need to have sufficient time and seek appropriate help to ensure a reasonable product. While beginning translators often make this mistake in their search for business and a niche, too many experienced ones continue to produce such texts either due to overconfidence or a lack of direct feedback from buyers. One of the best ways to ensure that the knowledge basis is solid is ongoing education, whether from courses, videos, webinars or lectures. In this matter, you know what you know and also what you don’t know, which is just as important.

As in most matters, the 80/20 rule frequently applies in translation. Specifically, it is often necessary to invest 80% of the effort, if not time, in QA in order to produce a true professional result. Simply put, nobody wants to receive a first draft. QA can be a complicated process even with automated tools. It involves multiple layers that should include at minimum a comparison of source and target texts, a linguistic scan for spelling and grammar errors and general read through to identify literalness and illogical translations. One sign of a poor translation is when the editor asks “did the translator actually read this”. No matter how technically accurate a translation is, if it sounds like garbage and fails to reproduce the message, there is no need to pay a human translator; machine translation probably produces similar or better quality for less money and time. Thus, regardless of experience, every work of art, including translation, requires attention to the details and appropriate QA.

For this editing process to be effective, the translator needs time. Beginning translators often do not correctly assess the time required to produce the translation nor insist on it. Clearly, the actual number of days varies by individual, material, circumstances and offered rate. Yet, hurrying the process creates poor results as the QA process generally suffers. Moreover, complicated or long texts require disproportionally more time. For example, while it is possible to read a translation of a one-page notice in a few minutes and thus several times a day, the same task for a 30-page legal opinion involves multiple breaks to maintain concentration and requires several days to allow for a fresh reading of the text each time. The break time between reading, whether during or between editing sessions, is necessary to ensure proper concentration and a clear head. The customer probably does not understand the process. Therefore, the translator must insist on sufficient time to complete the project.

Therefore, translators can avoid poor translation by studying and focusing on texts in their base knowledge zone. They must understand and conduct proper QA to ensure a professional result. They also must negotiate viable deadlines and avoid overloading. While it is natural for a new translator to produce less than wonderful results, there is no excuse for an experienced one to produce a poor translation, one that is of little value to the customer. Live and learn.

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