Professional Translation of Legal Documents: Is it Really Important?

At first glance, taking into account the kind of globalized world in which today's generations, our parents' generation and those yet to come, and their countless digital tools converge, we would think that the machine has surpassed the human being so that we do not need specialized help in many cases. However, translating legal documents is a complex process that involves converting documents such as certificates, declarations, contracts, agreements, wills, powers of attorney and court judgments from one language to another while maintaining the accuracy, coherence, cohesion and legal validity of the case in question. It is a specialty within the field of translation that requires both linguistic skills and legal knowledge as well as the ability to navigate surrounding topics, given each case, such as texts related to the fields of medicine, engineering, education or social sciences, to name a few.

When knowledge makes sense

However, taking into account the broad scope of this type of texts and their importance for the interested parties and members of each case, it is recommended that they be translated and duly interpreted by professionals, thus ensuring that the result is of such high quality as expected from a document that will be read by a foreign legal authority. This mention is made with special emphasis because legal jargon and legal terminology, which are not of colloquial use, require previous knowledge, very well founded, which digital tools such as translators or dictionaries by themselves are not able to fully comply with. It should also be noted that each country has its own jurisprudence which, although it is true that it adheres to the notions of general law, is not exempt from particularities that allude to local, cultural and idiosyncratic features. That said, any error or ambiguity in the translation may have significant legal consequences, thus giving rise to misunderstandings or conflicts that in the best of cases end up delaying ongoing legal proceedings. Therefore, translators must be extremely careful in conveying the exact meaning of the original text, while maintaining its legal intent and validity in the target language.

Here we enter technical territory, first of all in terms of knowledge of the language in question. In a common case such as translation from English to Spanish or vice versa, the linguistic bases that make up the bulk of a translator's knowledge must be more than outstanding. And why is this so important? It turns out that being languages from different linguistic families (English being a Germanic language, and Spanish being a Romance language), they do not share the necessary or even sufficient characteristics to interpret so easily what is intended to be said from one language to the other. Particular cases are the use of possessive adjectives, which in Spanish are too general and reductive while English is precise in identifying who owns something in a sentence. Another phenomenon that, if we do not have the necessary linguistic competence, could generate great confusion, is the implicit pronoun so characteristic of Spanish; a phenomenon in which we omit the pronoun from the sentence, since the conjugation of verbs allows us to immediately identify to whom the sentence itself refers. Thus, trying to make use of the implied pronoun in English would not only be an attempt in vain but would also produce an adverse effect that would ruin the course of the translation and its original meaning.

The other point to take into account is the human aspect of the translator, in which his or her knowledge of and interaction with the environment around him or her plays a fundamental role. That is, knowing that the context of a document is subject to its immediate environment. Let us imagine, for example, a scenario in which a Colombian and a Mexican exchange correspondence using their usual lexicon and way of expressing themselves. After a while, and even in this case when we speak the same language, we will reach the point where we will have to investigate on our own or turn to the interlocutor to understand the meaning of expressions or words that are not used in the same way in our land or that in principle do not even exist. This is a common case in Latin America where having more than 20 nations in the same continent, the particularization of the Spanish language was inevitable and we started little by little to create our own versions of the language. And this is why a consolidated translator must know not only his or her language, but also the diverse expressions and manifestations of the language in a region as rich as ours. If our intention is to translate legal documents, as in the case of declarations, the English-speaking addressee must understand in his or her own language the intention of the Argentinean when saying "che", the warm and friendly meaning of the Mexican "carnal", or the boredom behind a Chilean "fome", not to mention the endless number of idioms that exist according to the territory.

In addition to accuracy and consistency, the translation of legal documents is also governed by ethical and confidentiality principles. These are documents that often contain sensitive and confidential information of clients related in any way to their emotional, economic and legal states, which must be handled with the utmost responsibility on the part of the translator. Thus, professional translators are subject to codes of conduct that guarantee the respect of privacy and confidentiality of the information contained in legal documents where they may not share pertinent data to any client outside the scope of the company and the position they are in charge of. Beyond the legal consequences that breaking this basic principle of the profession may entail, we must remember that this is a human service for humans, and it is precisely humanity the ultimate and predominant characteristic that a professional translator must carry as a banner in his mind when translating every word.

What about the weather?

This is precisely the definitive point of the whole process that explains the importance of the professionalism required when translating legal documents. When it comes to fulfilling work responsibilities of this magnitude, deadlines play a critical role in the success of any translation project or assignment. Whether we are working on an individual or team project, large or small, meeting deadlines is essential to maintaining efficiency and quality of work while helping our clients feel confident in the speed of their legal processes.

First, deadlines provide a structure and timeframe for organizing work and its flow both individually and collectively. In this way, setting clear and realistic deadlines helps employees prioritize tasks, plan their time and avoid procrastination, which, like the domino effect, allows every stakeholder (ultimately including the client as well) to be satisfied. By having a clear time horizon, translators can develop effective strategies to complete tasks in a timely and efficient manner. This in turn improves productivity and helps avoid work backlogs, which can result in stress and a decrease in the quality of deliverables.

In addition, deadlines promote responsibility and accountability. When a realistic deadline is set for completing a particular translation, translators are driven to meet it and take responsibility for their work with a sense of ownership. In addition, and without bordering on tyranny, knowing that there are consequences for missing deadlines fosters a sense of urgency and commitment, which in turn boosts productivity and quality of work. On the other hand, failure to meet deadlines not only negatively affects the translator per se and the work team, but also ends up hurting the client who expects to see his or her legal processes reach a satisfactory conclusion. For this reason, it will always be best to have a sense of order with respect to time in order to avoid any of the adverse scenarios that the lack of it may propose.

At the end of the day, and with all that has already been mentioned, what matters most will always be the client's well-being; that person who entrusts us not only with his or her legal documents, but also with the story behind the paper. That is why this great profession, although at first it may seem like one more among many, ends up being more human and closer between people who seek the same goal, and that is why the importance of the professionalism of translators and their final products end up being that extra step on the road that we all need at some point.