To the average person, legal documents are an afterthought. The need for them often only comes up during major life events: a marriage, a death, an adoption, immigration, or a change in employment. However, legal documents play a pivotal role in our everyday lives. They serve as the backbone of our society, holding individuals and organizations accountable and ensuring that responsibilities and obligations are met by all parties involved. From non-disclosure agreements (NDA) to vendor agreements, service contracts, and employment agreements, without these official documents, individuals and businesses are left vulnerable. Because these legally binding materials are used domestically and internationally, the need for them to transcend linguistic and cultural parameters is common. In these instances, legal document translations must be crafted by skillful linguists who speak the source and target languages, along with the language of the law.
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The Need for Legal Document Translation
One of the biggest mistakes that businesses make is assuming they only need to offer translated materials, like legal documents, HR manuals, or employment agreements when it pertains to international matters. As of 2019, nearly 67.8 million people in the United States speak a language other than English (LOTE). The need for the translation of legal documents is widespread whether in America or across the globe to ensure that all parties have an equal understanding of a document’s intent. Lawyers have a duty to their clients to ensure that they are presented with information they can understand whether that is in English or in their own native language. Failing to do so, even if one involved party does not have legal representation, could render the document inadmissible in court should it be challenged.
The Challenges
The law varies widely from one jurisdiction to the next. Even among cities in the same state, local regulations can differ. This makes translating legal documents that stand up in all courts a significant challenge. Whether the legal terminology is different, the laws or the culture, all of these aspects must be taken into consideration when curating a legal document translation. Because lawyers speak their own language, known as “legalese”. This complex and intricate jargon is unique to the law, and it is imperative to understand what each of these terms means in the source and target language(s). The concept is comparable to hiring an English-speaking dentist to draft a legal agreement in English. While the dentist speaks the language, he or she would not have the experience, knowledge, or vocabulary to create a document that would be up to the rigorous standards of the law. Instead, translators must have industry-specific knowledge and speak the lingo.
Legal document translators must:
- Be native/fluent speakers of both the source and target languages
- Have experience in the legal industry and a vast legal vocabulary in both languages
- Have strong writing, proofreading, and grammatical abilities in both languages
- Be familiar with the cultures associated with each language and their respective legal landscapes
- Have the ability to translate without altering the tone or style of the original author of the document
- Meet strict deadlines and fast turnaround times (sometimes less than 24 hours)
- Understand the intent and structure of various legal documents
Because there are so many factors required to be a successful legal document translator, it is a highly specialized, niche industry. Simply put, there aren’t a lot of translators who are qualified to get the job done correctly, which presents the biggest challenge. Many are left using general translators who do not have industry expertise. In turn, there are errors, omissions, and miscommunications that alter the validity of the documents or the organization’s reputation.
About ASTA-USA’s Legal Document Translators
ASTA-USA Translation Services, Inc., strives to provide absolute perfection when it comes to all of our translations. To do so, we have forged a vast network of subject matter expert (SME) linguists to conduct industry-specific translations. Upon reviewing the scope of each project, project managers diligently search the network to find the best match for the job. Whether a legal document, English to Spanish, or a technical manual with Arabic to English needs, ASTA-USA has an expert ready to assist without lengthy wait times. When it comes to legal translations specifically, each one of our translators is an attorney with 10 or more years of experience in the field. Because of this dedication to accuracy and precision, our legal translations have never been challenged by any court system, government entity, or organization—since 1987.
Common Documents That Require Expert Translation Services
Corporations of all types and sizes, along with law firms, regularly require expert legal translations. The type varies widely from corporate documents to court-certified documents and everything in between. Each of these is widely different from the next and requires a law expert to distinguish the differences. Some of the most common legal document translations include:
- Corporate legal documents: Bylaws, articles of incorporation, or corporate resolutions, particularly during international business expansions
- Contracts: Licensing, vendor, and employment contracts
- Real estate materials: Deeds, leasing agreements, and property titles
- Financial documents: Tax documents, banking agreements, business financial statements
- Insurance policy information or contracts to act as verification for international requirements
- Regulatory compliance documents
- Operational licenses and permits
- Intellectual property agreements, trademark, or copyright agreements
- Governmental or legal correspondence
- Court documents like pleadings, court orders, motions, evidence, or other materials needed for litigation
Translation Technologies and The Law
Tools like Google Translate and other AI-based translation services are widely used by people all over the world. Many use them to translate from English to Spanish, French to English, or vice versa but few realize the inaccuracies of these platforms. For starters, AI is wildly inaccurate and nonsensical when it comes to curating translations. For example, a person may wish to translate a “Fall Hazard” sign from English to Spanish. In doing so, the technology is unable to identify whether the sign is referring to a trip and fall scenario or the Autumn season. In turn, the translation may read as “Autumn Hazard” to Spanish speakers.
Because the person using the technology typically does not speak the language, they are translating materials into, they are blissfully unaware of this glaring error. While Spanish speakers may get a chuckle out of the situation and understand it was a translation error in this instance, it can cause significant confusion or pose a risk in other cases. For example, if the wrong words are used in translating safety manuals or operational guides. A person could be seriously injured, a company could be sued or lose their good reputation. AI translations simply present much more risk than reward to an organization.
Unfortunately, many legal document translation services lean on AI technologies to produce quick turnarounds, so the results aren’t much better than free tools. They are unable to localize content for a particular region, cannot detect cultural nuances that may be perceived as offensive, and have a tough time finding a solution when there are no direct word-for-word translations for complex concepts or technologies.
At ASTA-USA Translation Services, Inc., we understand the importance of the human touch and the limitations of artificial intelligence. With a focus on precision and accuracy, our human SME linguists and our quality assurance process produces unrivaled legal document translations from one language into any other language(s).
Privacy and Confidentiality in Legal Document Translation Services
Corporate legal documents often contain extremely sensitive information. Whether financial earnings, trade secrets, employee salaries, expansion plans, or more, they must be handled with the utmost care. This is one of the biggest problems associated with the use of translation technologies. All of this confidential information is entrusted to a platform that may collect or share this information with others. The same is true when freelancers, general translation companies, and others are used to conduct complex legal document translations. Many are simply not equipped with the practices or level of security required to keep sensitive information protected throughout the project.
Because ASTA-USA Translation Services, Inc. frequently handles confidential information, these practices have been built into the core of our organization. We abide by the ABA Model Rules of Professional Conduct from start to finish and use secure, dedicated web servers to protect all data and files.
Tips for Choosing a Legal Document Translation Service
Request information on the specific experiences, education, and expertise of translators.
While it can be tempting to use AI platforms or inexperienced general translators to secure a quick turnaround or a cheaper rate, keep in mind what is at risk. If you were on vacation and wanted to ask a local where to find a bathroom, AI translation technologies are a great, fast solution. On the other hand, if you want to translate bylaws into Spanish, for instance, these options are too risky. To mitigate risks, thoroughly investigate any service or freelancer before sending over confidential information. You will want to ensure that they speak both the source and target languages fluently and have certifications and legal experience.
Inquire about their use of AI.
Some translation services may seem to use human translators, but upon further inspection, purely use AI software. Many also use AI in combination with human linguists to speed up the process. In either case, be sure that they have a good reputation when it comes to producing accurate, precise, and relevant document translations. Asking questions directly to a representative or looking into online reviews is helpful.
Ask about confidentiality and data protection efforts.
Data breaches happen frequently when organizations are unprepared. To prevent confidential or sensitive data from being compromised, ask for details regarding the service’s confidentiality and security efforts. You should be able to find this information listed on their website, but a customer service agent or sales representative should be able to provide this information.
Have questions about legal document translation services?
Inquire now to receive an estimate or give us a call at 1.866.446.1860 to discuss your organization’s specific needs for language services.