How to Choose a Legal Translator

If you don’t already use legal translators, it’s likely in your firm’s future. Between 2021 and 2023, the slice of American residents categorized as “limited English proficient” (LEP) grew from 25.7 to 29.6 million, a growth rate of over 15%.^1,2

Legal translation plays a critical role in ensuring that contracts, court filings, evidentiary documents, and other legal materials are accurately represented in the required language. In legal proceedings, when a foreign language is spoken, an interpreter is typically present, meaning official court transcripts are already in English. However, legal translation remains essential for documents such as contracts, affidavits, discovery materials, and other case-related evidence.

What does all that mean for attorneys and law firms? You need to know how to evaluate and secure top-notch, experienced legal translators. 

The Importance of Legal Translation

Original evidence and testimony are highly prized in courtrooms, and there’s little leeway for secondhand gossip or thirdhand photocopies. One exception that the majority of federal opinions recognize as valid, however, is an English translation of foreign-language content when submitted alongside the original file.³

So, what is legal translation exactly?

Legal translation isn’t a word-for-word, zero-sum exercise. It contains elements of individual interpretation that have the potential to alter or diminish the original text or speech, particularly when: 

• Two languages don’t have true equivalents
• Legal procedures differ across jurisdictions
• Cultural nuances impact the essential meaning of words, phrases, and grammar choices
• Idioms, jargon, and humor are employed

The professionals who translate legal documents need a blend of cultural, legal, and procedural knowledge and training in the standards and ethics that govern legal translation to submit accurate and true transcripts.

Skills and Capabilities

Legal translators aren’t interchangeable with translators from other industries—it’s not just about knowing the language but about understanding how precise terminology, grammar, and syntax are used in a given jurisdiction. In effect, a translator’s legal knowledge serves as an ‘additional language’ they must learn. Legal translators require: 

• Native or near-native proficiency in both the source and target languages
• U.S. and state (of practice) legal procedural and terminology knowledge
• The same legal knowledge regarding the source language’s country/jurisdiction
• Familiarity with the cultural aspects of communication by the groups involved

While translators may consult with lawyers or other resources for clarification, they need a basic grasp of how the law works as represented in the source materials and as practiced by those who receive the final documents. 

They’ll also need to be able to make decisions while formalizing legal documents based on:

• The intended use of the translation
• The audience that will read it
• The country where it will be used

Another challenge for translators is the changeability of culture and language. Slang and idioms rise and fall over time, and values and customs shift in ways that significantly alter language. Legal translators must keep current with multiple languages and their influences as they evolve.

Education

Legal translators may arrive at their profession from different paths based on how they gain both language and law-related knowledge. A lawyer with early education in multiple languages, for instance, wouldn’t need to take the same path as someone starting from scratch. 

Educational paths often include a minimum four-year degree, either including or in addition to coursework or training specific to various types of legal translation. Common academic paths include: 

• Bachelor’s or master’s degree in translation studies 
• A specialty track dedicated to legal translation 
• A foundational degree in linguistics, English or another language, or literature plus experience or coursework to round out knowledge
• A certificate (non-degree-granting) program dedicated to legal translation

Qualifications

In the U.S., legal translators don’t need to be registered, certified, or sworn in. They simply need to prove their expertise with a combination of experience and relevant education to satisfy the client. 

Note that while a professional achieving the ATA (American Translators Association) certification reflects a tested level of their general translation skill, the assessment is not specific to the legal field or indicative of someone developing a legal specialty.⁴

Additionally, translators and legal interpreters hold distinct roles (converting the written and spoken word, respectively). However, their qualifications and duties can overlap when translation from written texts or from recorded audio or video files needs to be read into the record or for an audience in real time.

If acting in an official interpreter role, federal courts recognize three qualification levels or categories⁵:

• Federally certified interpreters (Spanish only)
• Professionally qualified interpreter based on specific test or membership completion
• Language skilled (or ad hoc) interpreters 

The Leaders in Legal Translation Services

Since 1996, we’ve provided a growing range of litigation support services to firms and organizations nationwide. Our experienced, versatile team of legal translators can work with more than 200 languages, allowing us to match the right professional to your exact need across practice areas, locations, and technology types.

In addition to translation and interpreting, U.S. Legal Support can also provide court reporting, real-time transcription, records retrieval, organization, analysis, and trial services. 

Reach out today to secure a legal translator or discuss other litigation support needs.

Sources: 

1. KFF. Overview of Health Coverage and Care for Individuals with Limited English Proficiency (LEP). https://www.kff.org/racial-equity-and-health-policy/issue-brief/overview-of-health-coverage-and-care-for-individuals-with-limited-english-proficiency/
2. Slator. Number of Non-English Speaking Households Continues to Rise in the United States. https://slator.com/number-non-english-speaking-households-continues-to-rise-united-states/
3. Iowa Law Review. Lost in Translation: The Best Evidence Rule and Foreign-Language Recordings in Federal Court. https://ilr.law.uiowa.edu/volume-108-issue-4/2023/05/lost-translation-best-evidence-rule-and-foreign-language-recordings-federal-court
4. ATA. Guide to ATA Certification. https://www.atanet.org/certification/guide-to-ata-certification/ 
5. United States Courts. Interpreter Categories. https://www.uscourts.gov/court-programs/federal-court-interpreters/interpreter-categories

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.