Translation For Lawyers

Law Document Translation and the Non-Engagement Letter

Wed, 11 Aug 2010 06:28:40 -0700

We've blogged about the role of legal translation services in marketing legal services to non-English-speaking clients. One area ripe for legal malpractice and liability suits is the fine line between giving legal advice in an attorney/client relationship and simply providing legal information (aka, the "cocktail party" conversation). With the rise in electronic communications and social media, which equates to a general decrease in personal contact, there is an ever-increasing risk for a misunderstanding of whether or not an attorney/client relationship has been established.

Multilingual Language Translation and Clashing Cultures in Cross-Border E-Discovery

Tue, 10 Aug 2010 06:36:04 -0700

Language barriers can easily be eliminated with the help of professional legal translation and interpreting services. One area of international law ripe with potential for cultural clashes is the developing field of e-discovery. For example, when navigating between e-discovery laws in the United States and the European Union, clients are often stuck 'between a rock and a hard place' when attempting to manage the risks of transferring personal data in international litigation.

Multilingual Language Translation and the Living Will

Mon, 09 Aug 2010 06:13:13 -0700

We've blogged about the importance of professional foreign language translations for estate planning. At its most basic definition, a living will is a legal document that specifies exactly how one wants things run in the case he or she becomes medically incapacitated by, for example, a coma or Alzheimer's. A living will is only valid so long as the person is alive (otherwise a last will and testament will go into effect). Typically, the living will shall cover:

Professional Legal Translation and Taxing International Partnerships

Thu, 15 Jul 2010 08:10:30 -0700

Legal translation and legal interpreting services come in handy in all international tax matters. Last spring the Treasury Department and IRS published a notice regarding the classification of Subpart F Income Partnership income. According to the notice, certain domestic partnerships will soon be classified as foreign partnerships for purposes of identifying which of the partners are US shareholders within a controlled foreign corporation (CFC). The reason for this is that CFC's are required to include gross income in their filings.

Online Language Translation and Multilingual Social Media as Evidence

Tue, 13 Jul 2010 06:03:11 -0700

Multilingual legal language translation services are vital for attorneys in order to admit foreign language documents into evidence. But can such websites as facebook and MySpace be entered into a case as evidence? In a recent Indiana criminal court case, the Supreme Court ruled that it can be used. In the case, the Defendant was charged with murder but plead the defense of voluntary intoxication and insanity. However, the sole issue on appeal was whether the court improperly admitted into evidence a posting on the defendant's MySpace page. The Court ruled that the evidence was probative as to the Defendant's state of mind - which was the main issue of the case.

Language Interpreters Service and Antitrust Forum-Shopping: The English Situation

Mon, 12 Jul 2010 07:44:01 -0700

Professional legal translation services play an important role in antitrust litigation. The English Courts recently issued a decision (Provimi Ltd and ors v Aventis Animal Nutrition SA and ors) that essentially opened the door to non-UK claimants bringing competition law damages claims in English jurisdiction. The Court held that a corporate entity, such as a branch or subsidiary, may be held liable for implementing a cartel contrary to the law, even if it had no knowledge of the cartel or never made sales of a cartelized product to the claimant.

Multilingual Language Interpretation Services, Expats and US Taxes

Sun, 11 Jul 2010 16:11:08 -0700

We've blogged about multi-language translation and interpreter services in the context of pension plans for foreign nationals and about legal translation services in the context of international estate taxes. US citizens living abroad often struggle with understanding what their tax obligations in the US are. According to Code section 877A, certain individuals who renounce their US citizenship or cease being long-term US residents will be deemed to have sold their worldwide assets just prior to expatriation. Under this interpretation, tax is due on the deemed sale to the extent that the net gain exceeds $627,000. (This figure is adjusted annually).

Online Legal Language and Court Translation Services, Internet Marketing and Copyrights in Digital Advertising

Wed, 30 Jun 2010 11:56:34 -0700

We've blogged about multilingual professional language translation services for the purposes of authenticating a foreign Website evidence. In the Internet Age, digital advertising is one of the most cost-effective ways to create brand recognition and goodwill on an international scale. From Google AdWords to blogs and pop-up advertising, businesses big and small have taken advantage of the many digital marketing options available to them. Although from a business standpoint, these digital marketing campaigns seem rather straightforward, from a legal standpoint they are the equivalent of a minefield.

Attorney Translators, Language Interpreters and Foreign Language-Speaking Clients and Attorney Competency

Tue, 29 Jun 2010 01:35:27 -0700

We've blogged about the importance of using professional court interpreters even when a non-English-speaking client is represented by a bilingual attorney. Usually when we discuss whether or not an attorney is competent to represent a client who speaks little or no English, it is from the view point of whether the non-foreign-language-speaking attorney can ethically represent the foreign speaker's case. However, there is another side to this issue: whether or not an attorney who speaks the foreign language of the client is competent to represent the case. The issue is when competency is based on foreign language capabilities as opposed to legal capabilities. All too often the foreign language-speaking client will hire the attorney who can speak their native tongue, but this does not always equal hiring the most competent lawyer.

Legal Language Translation and Enforcing a Foreign Marriage Contract

Mon, 28 Jun 2010 01:50:43 -0700

We've blogged about legal interpretation and translation services of Islamic marriage contracts. In a recent - and rather odd - case, a Virginia court enforced a Iranian marriage contract and ordered the husband to pay his wife 514 gold coins. In its ruling, the court construed the contract as a premarital contract and held it both valid and enforceable. What is particularly interesting in this case is the level of foreign language translation that was involved. First there was the issue of the premarital contract. Before the court could come to this conclusion, evidence had to be presented attesting to this fact.

Language Translation and International Family Law after Abbott v. Abbott

Fri, 25 Jun 2010 07:11:31 -0700

Professional legal translation and court interpretation services are vital for international matrimonial law cases. The US Supreme Court recently decided on the Hague Convention case of Abbott v. Abbott. The issue in question was whether a foreign law or order barring a custodial parent from moving a child out of the country gives the non-custodial parent rights of custody that are protected by the Convention. In other words, if a custodial parent violates the home country's laws or a court order by moving their child to the US without permission from either the other parent or a court, can the non-custodial parent order the child back under the Convention?

Foreign Language Translations in Transnational Litigation

Thu, 17 Jun 2010 09:45:44 -0700

Professional foreign language legal translation and court interpretation services play an important role in transnational litigation. In 2007 the Russian Federal Customs Service (FCS) filed a suit against the Bank of New York (BONY) in Russia seeking to recover customs duties and damages under the Racketeer Influenced and Corrupt Organization Act's (RICO). Filing a RICO claim in a Russian Court raises many procedural and choice-of-law principles - along with issues in international litigation. In this case a foreign plaintiff was seeking a civil remedy in a foreign court but applying US federal regulatory law.

Russian-English Legal Translation, English-Russian Court Translation and Navigating the Russian Foreign Arbitration System

Wed, 16 Jun 2010 07:19:47 -0700

We've blogged about the role of online legal translation and language interpreting services in international arbitration. When it comes to foreign investment in Russia, one of the greatest challenges one faces is enforcing a contract when either a deal falls apart or a breach of contract occurs. For the most part, the reasons for this challenge can be attributed to the legacy of Soviet-era corruption and a lack of an effective arbitration and court infrastructure.

Legal Translation Services, International Contracts and the Benefits of Arbitration

Fri, 11 Jun 2010 06:14:47 -0700

We've blogged about professional legal translation and court interpreting services for international law cases. Depending on the jurisdiction chosen in the Choice of Law Clause, other parts of the contract will vary in accordance to the laws of the chosen jurisdiction. However, several other clauses should always be included in an international contract, including an arbitration clause.

Legal Translation, Drafting an International Contract and Choice of Law

Thu, 10 Jun 2010 06:00:30 -0700

Business contracts are complex enough when dealing with a transaction happening in a single jurisdiction. When an international business enters into a contract, the complexity of a US contract pales in comparison. Besides having to deal with the basic content of the contract, you also have to understand such issues as national sovereignty and foreign export controls - not to mention having a foreign language translation of all the documents.