Showing posts with label legal translation. Show all posts
Showing posts with label legal translation. Show all posts

Monday, May 12, 2025

Question anyone? – What translators should ask and translation buyers should provide

 


It can be said that wisdom is a certain lack of certainty. One of the characteristics of truly professional translators is that they ask questions before they start a project. Depending on the situation, these queries can relate to audience, purpose, names and legacy translations. The failure to ask these questions can lead to frustration and disappointment.

One essential element of every successful translation is the match of the style to the intended audience. For example, in medical translation, the target population is the patients, who may have no knowledge of medical terms, as compared to the medical staff, who are quite familiar with them. Even more common, linguists must carefully choose the vocabulary in books and material intended for children. In the entertainment business, subtitlists need to keep in mind that the consumers of their translation come from all ages and adjust the vocabulary level accordingly. Thus, translators need to find out for whom the text is intended.

Likewise, the purpose of the document will affect the translation. Linguists working on marketing or sales texts have wide freedom to render their message into the target language, especially as compared to technical specifications documents. Subtitlists face serious challenges as they must avoid exceeding a specific number of characters due to screen space limitations. In legal translation, incorrect language is a serious error when translating briefs and court documents while they may need to be reflected when translating depositions for court if they appear in the original. One translation trash is another translation treasure.

It is impossible to assume how names are spelled, meaning that translators should confirm the spelling if possible. Sometimes, the name spelling reflects another language. Just recently, I discovered (in time), that the common English name Felix was spelled Feliks in Polish. In other cases, immigration officials or immigrants adjusted the spelling, especially of the last name. An example in my family is Bronstein as compared to Bronstejn. Most often, a country simply has several spelling variations, e.g., Steven vs Stephen. As there are no rules, translators must exercise diligence.

An interesting issue, which many translators often ignore, is legacy, i.e., previous completed translations that include terminology decisions of previous translators. For example, in the Hebrew translation of the Robert Jordan’s Wheel of Time series, there have been four translators. Curiously, they have not always translated a concept or spelled a name or concept in the same way, which can be confusing to the reader. In product information material, especially over a series of similar products, it is vital to maintain consistency when referring to specific parts or processes. In general, in marketing, unless the company has decided to change the style, translators need to be aware of the material previously released to the public to render the introduction of new text seamless. The customer may insist that the translator follow previous translations, mistakes and all. Thus, it is important to know that such material exists and ascertain the level of consistency demanded by the customer.

Therefore, as in most services, professionals not only listen but ask questions. To provide a proper translation and meet expectations, translators must attain all the information they require to produce the required document. The failure to do so leads to wasted time, frustration and lost customers. The answer to the query in the title is “yes”.

Monday, February 26, 2024

When time does not equal money – expert services

 

[spine*]

There is this moment of complete shock. A computer technician comes in and solves a vexing problem in five minutes and then charges for a full hour. There is something unjust and absurd, even criminal, about the lack of proportionality between the time spent on the task and the amount you must pay. Yet, if carefully considered, professionals earn their rates if one considers that the years of education and experience it requires to efficiently solve a problem the first time. This assessment impacts not only our reaction when paying for services but, just as importantly, our conscience as professionals when demanding such rates. A qualified service provider not only should demand professional rates but do so with confidence.

It used to bother me that my accountant charged me so much money for preparing my simple tax return when I know that “all” he did was enter the numbers of the various factors into a computer program, press calculate, save the result and send me the bill. However, after considering how long it would take me identify those factors, find and understand a relevant computer application and enter the numbers, I realized that the accountant was saving significant toil and suffering, not to mention further explanations to the IRS. I was not paying for the hour or so of effort by the accountant but instead for the expertise and experience that allowed him to quickly complete the task. In one specific case, I did find the actual amount of the bill obscene and switch to less expensive accountant but I am happy with my choice to pay a professional for the service.

To turn the coin over, if you are a professional with several years’ experience, you probably have all the tools and knowledge required to complete most standard tasks in your field within a minimum time. In practice, the actual work required is far less relevant than how long it would take the customer or an untrained employee to complete the same task at the same level. If you are significantly more efficient or, even better, acting as the client’s “savior” in a given situation, your rate, even if it reflects work time far higher than actually invested, saves the customer meaningful time and effort. Thus, you can justify a respectable rate. So, ideally, service providers should consider the value of the service received by the customer.

As a legal translator, I provide many standard forms but charge by certificate, not time. To illustrate, many authorities require proof of address, generally a utility bill of some kind. With some 20 years’ experience and a large database, this task is not time-consuming but merely requires great attention to details, especially numbers. The customer is not paying for my actual time but instead for my knowledge and skill. As much of my work involves Hebrew texts, many of my customers could not do this themselves nor consider it worthwhile to keep an expert on the payroll. So, like the computer technician in the introduction, they pay for my expertise.

Thus, when considering whether the price of a professional is justified, consider the years it requires to reach that level of expertise and how much time/effort it takes an unskilled person to attain a similar result. Likewise, when setting professional rates, freelancers should also consider the value they are creating as perceived by the customer. Of course, the exact rate depends on the context and is far from exact. Still, the knowledge that a various task requires expertise attained over years should help provide some backbone to accepting and demanding proper professional rates.




* Picture captions help the blind fully access the Internet.

Picture credit

Sunday, June 23, 2019

Hebrew legalities



As a professional legal translator, I often have to cite Israeli laws, specifically their name, articles or both. Just to make it clear, Google translate is of no use here in this language combination. The reason is that that certain idiosyncrasies typical of Hebrew affect some basic elements of the legal language and require some cross-cultural thinking in order to produce a proper translation

The first striking difference is the name of the law, specifically compound noun constructions. In English, if two nouns are joined together, the s for the plural is only added to the last noun, e.g., party conventions or Board of Director meetings. By contrast, Hebrew grammar allows either noun to be plural as relevant. Since a country can name its laws, including in English, in any way it wants, granted “informally”, the recognized English name of many Israeli laws sounds strange to English ears.  A few examples are the Companies Law and the Animals Manure Law. The translator is thus obliged to search, either through the Israeli Ministry of Justice or other site, and accept the recognized name, however awkward that may sound in English.

The name of the law is always followed by the year of its enactment, which presents its own issue.  In Israel, there are two calendars, the Hebrew, which is lunar based, and Gregorian, which is sun based. To make matters more interesting, the Hebrew year begins sometime in September or October on a varying basis. Accordingly, the name of the law in Hebrew notes both years, e.g. 5779 – 2019, in that order.  Having the identical ending digit is not automatic as a law passed between October and December could carry a Latin calendar year with final digit one less than the Hebrew one, admittedly a rare occurrence. The bigger problem in translation is what to do with the Hebrew year. Outside of Israel, nobody cares about the Hebrew year. Some translators insist on writing it, probably due to due diligence. I personally ignore it and only write the only one that a foreign audience will understand and need to know, the Gregorian one.

The numbering of articles and subsection within the law is a bit tricky due to Hebrew use of letters for numbers. To explain, each letter in Hebrew has a numerical value. The first nine letters are 1-9, the next nine digits are 20-90, etc. As an example, יד [yud-daled] is 14, i.e., ten and four. When a law in Hebrew has a short series of subsections, the first nine Hebrew letters, the translator has to choose which English equivalent to apply, letters or numbers. Is ד (daled] 4 or d?   Afterwards, it become easier to choose as the Hebrew will be marked as a number or letter, as in יד or נ [nun].  Generally, the letters are translated as letters but sometimes numbers may be used if lower level subsections exist, which require the use of the letters, i.e. Article 26(a) as compared to Article 26(1)(a).

Finally, the modal of legal necessity does not exist in Hebrew. English has an historical, albeit misused, word shall and a simplified modern word must to express the legal duty of a party. Hebrew uses the future tense in most cases. When translating statures, the translator must avoid the trap of maintaining the Hebrew structure and apply the English structure, i.e., the police must (shall) submit an indictment within 48 hours of arrest, not the police will submit an indictment within 48 hours of arrest. The future tense is a false friend in this case.

Thus, the job of a translator, legal and otherwise, is to transmit the words and culture of one language to another vocabulary and culture, not always a simple task. It is possible to disagree on the manner of doing it but all translators recognize its necessity. In legal translation, where precision and understanding are vital, the details make the translator.