The Significance of Legal Translation
For anyone involved in the legal industry, it is hard to overstate the significance of a quality legal translation. Even a small error can have serious ramifications. That’s why there are a number of ISO standards that govern the translation of legal documents. In particular, the quality of a legal translation (such that the meaning, intent and purpose of the legal document is accurately conveyed and understood in the translated document) is stated in the ISO 9001:2015 Quality Management standard.
The challenge for most people, however, is that they simply don’t think about legal translations until it is too late. Context is key when it comes to legal translation and there are a number of key contextual factors that need to be taken into consideration . It is also important to use a professional legal translator with prior experience in this area.
There are a number of specific reasons why the translation of legal documents may be required. The most common reasons include: The importance of translation will only continue to grow for multinational companies. Because there is a constant increase in Spanish-speaking populations around the world, translation-related growth in Spanish-speaking regions has far outstripped that of other areas. In fact, translation to and from Spanish is forecasted to grow by nearly 12% in the next five years (which represents a compound annual growth rate that is nearly double that of French (6.1%) or Portuguese (5.6%) translations). For this reason, mastering Spanish legal translation is incredibly important.
Key Considerations in Spanish Legal Translation
One of the most well-known and universal problems that legal translators encounter involves finding the right equivalent term for a word in the target language, but when it comes to Spanish translations, this is just the tip of the iceberg. The Spanish language has regional variations in vocabulary, grammar and usage that can significantly affect the outcome of a translation project.
Language variation affects not only the dialect, as in the case of British and American English, but also within the Hispanic world. A legal term that might be understood by a Spanish speaker in Mexico might be confusing and ambiguous for a speaker from Spain. Taking this into consideration, it is essential that a professional Spanish legal translator be very familiar with local terminology standards.
Something else that is not taken into account when translating legal documents into Spanish is the fact that both legal systems and terminology can vary significantly across the Spanish-speaking world. Even if a translator manages to pinpoint the proper term in general, they still must consider if it is the correct legal definition for the context in which it will be used.
Cultural aspects must also be taken into account to avoid translating certain phrases into Spanish that might sound perfectly fine in English but that are considered inappropriate in other cultures. These are many of the many challenges faced by professional Spanish legal translators.
Skills Required for Spanish Legal Translation
For those who wish to become a successful Spanish legal translator, a solid range of skills and qualifications is of the utmost importance. Language fluency is essential, as any mistranslated Spanish legal term can change the meaning of a specific piece of legislation or a confidential contract. To ensure an accurate translation, not only should the translator understand the Spanish and English languages, but also the culture and colloquialisms associated with each. Another important aspect to consider is the translator’s working knowledge of the laws specific to various Spanish-speaking countries so they can convey the document’s intended scope and meaning.
For instance, a Spanish legal terminologist may be required to translate thousands of pages of text, keeping in mind Spain’s civil law system is markedly different from the common law system in the U.S., and that standard Spanish legal terms can sometimes be misinterpreted if viewed from the perspective of a common law system. The translator will need to have the legal expertise to identify which legal terminology would be more appropriate for a particular Spanish-speaking country while conveying the precise meaning intended by the author.
Ideally, the Spanish legal translator will also be familiar with the specific formatting and editorial standards, as well as the preferred style guides and glossaries used by a particular translator’s company or agency. The translator may be certified through the American Translators Association or a similar organization in another country, so you can trust them to have completed the necessary training to become certified.
Ideally, a Spanish legal translator should also possess certification from the American Translators Association or an equivalent organization in another country.
Typical Documents for Translation in the Legal Field
There are a wide array of legal documents that often need to be translated into Spanish, and each category will have its own unique translation requirements. For example, legal contracts are often subject to the inclusion of clauses specifying what to do in the event of translation disputes, and jurists and legal scholars have written expansively on the law of translation (which certainly complicates the translation of legal texts!). Here are some of the most common legal documents that are frequently translated into Spanish:
Contracts
Contracts of all sorts are likely to need legal translation, but to make matters worse, the clauses of many international business contracts specify how to proceed with disputes that may arise in the future. Parties often agree to use the Uniform Commercial Code (UCC) for any contract disputes, but this is not a binding legal standard in other countries. Thus, preference for a particular language of legal review in one context does not carry over to others.
Affidavits
Affidavits are some of the most difficult legal documents to translate. Due to their high stakes nature, a system of formal constraints has arisen around the affidavits produced by certain legal organizations. As a result, specific formatting and conventions must be followed in order to turn a regular oath into a legally-accepted affidavit. Due to the many specific and significant textual constraints, affidavits are one of the most troublesome documents to translate.
Court Documents
Documents drafted for court cases are likely to need Spanish translation, and ideally translation services performed by certified legal translators. Documents of this type often include evidence of any illegal activity-which requires a careful translator familiar with the language and law of both the source and target languages.
Immigration Papers
There are many different kinds of immigration papers, but they all must still satisfy the same criteria. Any mistakes in the translation of these papers may result in ridicule in front of everyone in court-from the judge to the jury to the spectators. Even one mistake could result in criminal charges for the translator, especially if it is considered willful deception.
Guidelines for Accurate and Effective Legal Translations
1. Identify the Target Audience
The translator must understand who the target audience is because different cultures and regions have different words and phrases for the same things; the audience must be taken into consideration before the project begins.
2. Conduct Extensive Research
Legal terminology can be very difficult, and translators should have extensive experience in not just the corresponding language, but also in the nation’s laws and regulations. The translator must have general knowledge, especially when it comes to legal concepts, procedures and mechanisms. Translation without a deep general understanding of the materials will lower the quality of the final product. If needed , they should consult a legal expert or professional in the field prior to the project.
3. Use Peer Reviewers
Have the final documents reviewed by a fellow translator or another professional in the field. This extra set of eyes can catch mistakes that can affect the quality of the final document.
4. Use Translation Tools
Translation management software and other automated tools can aid in tracking, collecting and maintaining the quality of the legal translation process. Specialized legal translation programs are available as well, which have sophisticated terminologies and glossaries. While these tools are still being developed and improved, current tools can give you an initial check on accuracy, and allow you to follow a general consistency for the project.
Precision in Legal Translation: Technology’s Role
Translation technologies like computer-assisted translation (CAT) tools and AI have significantly impacted the efficiency and accuracy of Spanish legal translations. While there is no substitute for a professional translator’s expertise, these tools can facilitate a smoother workflow and enhance the overall quality of the translation.
CAT tools, for example, use a database to store translations that ‘self-pack’. As the translator works through a document, the software suggests previously translated segments of text. This segmenting of texts makes translators’ work more efficient when dealing with similar or repetitive segments of text. The translator becomes faster and more consistent because the CAT tool automatically suggests words and phrases already translated in previous documents in the memory. But the power of CAT tools goes beyond only suggesting word-for-word translations. More powerful CAT tools look to the source language and convey the meaning to contextually analogous terms and phrases in the target language. These tools help capture the intended message in the target language with a higher level of precision, especially in standardized legal texts and combinations of cleared language and legalese. In addition, CAT-assisted translation uses translation memory sources in the same language pair to help increase efficiency and consistency in translation. Ironically, the same technology behind CAT tools is also on the rise in artificial intelligence (AI), such as machine translation (MT). With the growth in the application of technology and coalescing of technologies in legal translation, it is not uncommon for today’s platform-based translation systems to incorporate both human efforts and algorithms into the process.
Nonetheless, even the most advanced translation technology cannot understand the nuances of language like a human does. A key limitation of CAT-based and AI-based technologies is that they are trapped by their own previously defined linguistic rules and structures. A translator’s experience and understanding of the source language’s grammar and vocabulary are unreplaceable by software. When translating into a target language, context and cultural and social subtleties play an important role that algorithms cannot yet capture. Even when analyzing basic pattern-recognition, software cannot differentiate between facts, opinions, hypotheticals or nuanced meanings hidden in simple phrases. Only a human translator can decipher these subtle differences’ contextual implications and adapt the translation accordingly. A human translator’s training and expertise are needed to fully bilingual, and to navigate the many challenges involved in the practice of law.
Selecting an Accurate Legal Translation Service
When deciding which legal translation service to use, it is essential to choose a provider with experience in the specific areas of law relevant to your documents. Whether you operate an international corporation, a law firm or are simply translating legal documents for personal use, a qualified legal translator will have a strong knowledge of how the law works in both Spain and the country in which you operate. They will also be able to address various legal issues specific to your business sector and translate documents relating to litigation. This will ensure that your translated document is accurate and legally binding.
Another important factor to look for when selecting a legal translation service is their credentials. Your legal translator should have at least six months experience translating legal documents and a post graduate qualification, such as a Master’s or PhD in Law. Some language departments also require a high level of competency in English or Spanish before they accept students into their postgraduate programs. Competency in both languages is necessary for translators and is measured with tests such as the DELE exam from the Instituto Cervantes .
You should also be aware of the fees charged when legal documents are translated, as charges can vary greatly between different types of documents and will affect the final cost of your translation. The clarity of the text, number of words and the nature of the document can all impact on fees. For example, simple documents with no legal content are priced differently to customer contracts. If you have a large document that will need to be translated on a quarterly basis, you might like to query whether your translator will store your documents digitally in order to save time.
Finally, your Spanish legal translation service should explain their confidentiality agreements clearly before accepting work. If you are working with a sensitive legal issue that requires confidentiality, making sure your translator has a comprehensive confidentiality and privacy agreement in place is essential. Consider also focusing on the translation services offered by recognized institutions such as the Association of Translators and Interpreters of Ontario in Canada or the National Association of Judiciary Interpreters and Translators in the United States of America and the UK.