Legal translation is a specific sector of the translation industry. It’s essential to understand what that entails and how it differs from standard translations. We take a look at the different aspects of legal translation and why it is so important to get it right.
What do you mean by legal translation?
Legal translation involves the translation of any type of legal content whether that is text, video or audio from the original language into a different language. It can involve documents, files, CCTV footage or witness recordings which may be used in court or for other legal proceedings. When audio files are translated they are often also transcribed which means a written or printed record of the content is produced.
Legal translation can be part of any legal process whether that is part of a criminal trial, civil proceedings, business contracts or providing identity documents to authorities. Ensuring legal terminology is translated with accuracy and precision is paramount, regardless of the purpose of the translation.
What is a certified legal translation in UK?
In the United Kingdom, a certified legal translation is a document, text or audiovisual file that is translated and certified by a professional translator. The certification in this case takes the form of a statement of truth which attests to the truth and accuracy of the translation as a representation of the original document, text or file.
This statement of truth, also called an affidavit, must be on official letterhead and contain all the relevant details of the translator. These should include the translator’s name, contact details, signature and seal or stamp. The date of the translation should also be included on the statement of truth.
Other types of certification include sworn statements, notarised translations and apostille certificates, also known as legalised translations. The kind of translation certification required is typically dictated by the requesting authority or country.
What is legal translation and what are some examples?
While describing legal translation as any kind of legal content that is changed from one language to another, it is helpful to have examples of different translation projects. Some typical examples of legal translation are:
- Birth, marriage and death certificates
- Adoption paperwork
- Identity documents e.g passport for immigration purposes
- Business contracts
- Regulatory compliance
- Licences
- Legal rulings
- Patents
- Witness statements
- Court transcriptions
- Employment agreements
The list is not exhaustive and there are many documents, texts and files that fall within legal translation.
What is legal document translation?
Legal document translation is the process of translating the content of legal texts or files from their original language into another language, while maintaining the meaning, purpose and context of the document.
What is different about translating legal documents?
The importance of legal translation must be understood by anyone who undertakes this kind of work. Not only does the translator have to be proficient in both source and target languages, they must also have a deep understanding of legal terms and the legal industry.
A professional translation of all types of legal documents is necessary for them to be certified as accurate and true. There are potential serious consequences for an inaccurate legal translation which could result in lawsuits, financial loss or immigration problems.
How does legal translation differ from standard or regular translation?
All translation relies on a high level of accuracy and precision. However, it is vital that the translation process for all texts, files and documents that deal with legal issues are completely without error. The legal implications of inaccurate translations of official documents or those used within the legal system are grave, potentially leading to legal disputes, loss of business or deportation, depending on the documents involved.
Apart from the need for complete accuracy and precision, working legal documents are full of complex language and terminology which the translator must fully understand.
What are the differences between legal and literary translation?
The difference between legal and literary translation lies in the impact of making a mistake. Translation errors in a literary work may be annoying but unlikely to result in legal consequences. However, the legal risks associated with mistranslating a document in law can be very high and may result in legal liability.
A business agreement with a translation error may have significant and costly repercussions for one or both parties or someone whose immigration papers are mistranslated may be deported. This is where the nature of legal translation differs from literary translation, in the impactful after effects on those involved.
What are the differences between legal translations and technical translations?
Legal and technical translations have more in common than legal and literary translations. Both types involve specialist language and terminology which a translator must be very familiar with and have a thorough understanding of.
As with a legal translation, a technical translation needs to be precise and accurate as mistakes can be costly and possibly dangerous. Espresso Translations always use translators who are subject matter experts according to the material being translated. This ensures that only professional legal or technical translators work on these projects.
When do you need legal translation?
Legal translation services are required in many areas, sectors and industries for a variety of reasons. They may be needed by businesses or private individuals.
Business Legal Translations
The following are just some of the reasons a business will need a professional legal translation:
- Businesses wishing to expand or establish themselves in a foreign country will need to supply documents for official use, legal, financial and technical all of which need to be translated.
- Employment contracts for workers who speak a different language.
- Business contracts and agreements with international clients or partners.
- Financial documents including tax returns, investment reports and insurance documents to comply with legal requirements and provide shareholders with up-to-date information.
This is just a sample of the range legal translations may need to cover for a business. Any translations where expert legal knowledge is required will count as a legal translation.
Legal Translations for Personal Use
The circumstances under which a legal translation for personal use would be required may include the following:
- Immigration paperwork e.g. certified translations of birth certificates, passports, marriage certificates, etc.
- Court cases or legal proceedings
- Marriage or adoption overseas
- Buying property abroad
Whatever you need specific legal translations for, these must be done by someone with the right knowledge, legal and linguistic for the translated document to be accepted and approved by the requesting authorities.
Why is legal translation Important?
Inaccuracies or missing content from translated legal documents may have grave repercussions for all parties involved. This is why every legal translation must be done by qualified legal translators who understand the complexity of the terminology and systems of law.
Each legal translation also has to be treated with the strictest confidentiality and adherence to data protection. Above all else, accurate legal translation is essential in order for the document to still be fit for its legal purposes and to avoid any litigation, financial loss or personal disadvantage for the client.
Espresso Translations only ever use translators who are native speakers of the target language, fluent in the source language and who have extensive legal expertise in the relevant sector or industry.
Also read: How much does a legal translation cost
What skills do legal translators need to have?
Now that we know what makes legal translation work different, we can look at what a legal translator needs to know.
Is legal knowledge beneficial for legal translators?
Legal knowledge is not merely beneficial for legal translators but essential. Translating legal writing is one thing but understanding legal processes, how law firms work and the importance of jurisdiction are all concepts needed to do the job effectively and without error.
When translating it’s vital for the translator to be familiar with the characteristics of different legal systems. For example, common law is based on precedent and civil law is codified. Someone translating legal documents must therefore have linguistic expertise, legal knowledge and the ability to translate from one legal system to another without the document losing its purpose or intent.
What is translation theory and why do legal translators need it?
Understanding legal language, terminology and systems is just part of what a legal translator needs. They must also understand translation theory which relates to the methodology and process of translation including any cultural dependence and influence. This particularly relates to understanding legal localization.
When working with legal documents, a translator obviously needs to be familiar with the dialect, grammar and structure of the two languages. They must also how to provide an accurate translation of the legal concepts when moving from one legal system to another without losing the legal meaning of the document or text.
What languages do legal translators need to know?
For the most accurate and precise translations, legal translators should have the target language as their mother tongue and be fluent in the source language. Being a native speaker of the target language means the translation flows naturally and is properly localised with appropriate nuances.
Most legal documents need to be in the official language of the country in which they will be used. Espresso Translations only uses native speakers of the target language who have the relevant legal experience and who are fluent in the original language of the document.
Obviously, the more languages a legal translator is fluent in, the wider their range of work will be. Someone who has English as their mother tongue and is fluent in Spanish and Italian will be able to translate from both into English. This applies to all translation types, legal, medical, technical or wherever the translator’s expertise lies.
What challenges do translators face in legal translation?
Legal translation is a challenging profession. Translators must not only have the highest level of linguistic skills but also be legal experts as they are dealing with legally binding documents and texts. This is why legal translation should only be carried out by a professional legal translation service such as Espresso Translations.
The skills of those who work in legal translation, interpretation and transcription are amongst the most sought after in the translation industry. Those who are experienced in areas such as phonetic transcription which uses symbols to transcribe speech are often in high demand.
However, it is the need for accuracy and precision as well as working to tight deadlines that can present challenges to those working in legal translation. As noted previously, the consequences of mistranslating words can have large and lasting repercussions.
Translating documents for use not only in another language but in a different legal system also puts huge pressure on the translator to make sure everything is linguistically and legally correct.
Conclusion
Legal translation is simply turning a target text into a translated text, but what makes legal translation different is the specialist terminology that is found within the legal field. A professional translator with legal translation expertise is the person best placed to handle legal translations to avoid legal or financial complications. The legal field relies on specifics and accuracy, so experience in the legal field is needed for the translation of legal documents.
