Legal documents frequently cross international frontiers in this world of globalization; this is particularly true when it comes to international business, litigation, & regulatory compliance. There are many types of legal documents that will often require translation into more than one language; therefore, translating these documents seems straightforward at first glance; however, it is one of the most complex and high-stakes areas of the Translation profession because any small error can have serious repercussions.
Now let’s look into the obstacles involved with doing an accurate job of translating Legal Documents and how important it is to have an Expert Translator do this job.
Complexity of Legal Language
Legal documents tend to be more complex than most types of documents. They contain:
- Specialized terms unique to the law (e.g. “surgery” for some types of medical malpractice claims)
- Archaic terminology
- Lengthy, convoluted sentence structure
- Terms that carry very specific meanings.
For instance, the word “consideration” has an extremely specific meaning within the context of Contract Law in the English legal system – it does not simply mean “thoughtful” or “financial consideration”. Thus, if you attempt to translate it literally, you may completely alter the general intent of the document.
A Legal Translator must therefore not only understand the language, but he/she must also be familiar with both the Source Language and Target Language Legal systems, the Source Language and Target Language Procedures and the specialized Legal Terminology used within each legal system.
Differences Between Jurisdictions
Every jurisdiction or country has its own legal system. Thus, often times there’s different terminology used in a legal system that may not necessarily correspond to the same legal system in the other jurisdiction, for example:
- When comparing common law and civil law, while “tort” or “equity” are terms used in a common law system, there may be no such term used in civil law systems.
- Besides legislative requirements, documents that are related to compliance must comply with the local law.
To avoid the potential for a misinterpretation of the document which could result in disputes, a translation being declared null and void, and/or monetary fines, translators must know the differences in how each legal system handles the aforementioned issues.
Cultural and Contextual Differences
When translating legal documents, there are different meanings attributed to the same term based on the culture in which the document is being translated. Thus, it is very important to consider the context of the term as well. For example:
- Idiomatic phrases can create additional implications on how the phrase may differ from the intended legal implication.
- Judicial opinions may derive from previous cases that are not present in the target jurisdiction.
- Specific formatting and phrasing of legal forms can be required for the legal form to be considered valid.
Failure to take into account these differences will create opportunities for misinterpretation and/or errors that can render a document ineffective for legal purposes.
Maintaining Confidentiality and Security When Performing Legal Translations
Legal documents contain highly sensitive information. As a result, it is essential that the translators maintain strict confidentiality and data security in their translation activities. Elements necessary for maintaining confidentiality and data security include:
- Secure transfer of files
- Non-disclosure agreements (NDAs)
- Maintaining ethical practices in handling client confidential information.
A breach of confidentiality by the translator may result in not only serious legal consequence to the client, but may also result in serious legal liability for the translator and/or the translation agency.
Translation Accuracy and Literal Equivalence
Among the most difficult issues for translators is how to balance precision with fluidity in a legal context. While a word-for-word translation maintains the exact text, it may not convey the spirit, or true intent, of what was meant by the author; Conversely, a more liberal version that uses clauses as they are meant could be viewed as “an attempt to change the meaning of the document.”
An example of this includes translating an “indemnity clause” that states:
“The party shall indemnify and hold the other party safe from any and all claims that may arise against one of the parties, etc…”
In this instance, the target language must be rendered in such a way to fully reflect the obligations of the relevant parties under the contract, at the same time maintaining the protections afforded to those parties, etc…
Formatting and Legal Standards
Legal documents must be formatted in a specific way to maintain the validity of that document.
Some of the common examples of this include the following:
- Numbered clauses.
- Signature lines and spaces for witness signatures
- Legal citations and references
Translators must ensure that when they translate legal documents, they do so while keeping to the formatting standards of the jurisdiction where the translated document will be used. A small misalignment could result in the rejection of the translated document by either a court or a regulatory body.
Translation Validity through Certification
The majority, if not all, legal documents that require translation must be certified:
- To guarantee accurate translation.
- To establish legal validity.
- In order for the translated version of the document to be accepted for use in some case such as immigration, court cases or other official submissions.
When working with certified translations, translator are legally liable for the translations they provide and therefore must double-check the accuracy and compliance of each translation to ensure that there are no errors.
Final Thoughts
The added difficulty of translating legal documents properly is greater than people think and requires:
- A deep understanding of legal systems and language
- Thorough attention on context
- Strict confidentiality
- A balance between word-for-word translation and functional translation
- Meeting the legal and formatting requirements for certification.
In the case of legal documents, cutting corners, or relying on machine translation could have serious financial and legal consequences.
Legal translators are trained professionals that will facilitate communication between different legal systems and languages while ensuring that every nuance is accurately rendered. Investing in professional translation services is essential because the financial and legal ramifications of legal errors can be devastating in today’s economy.
