The first thing to keep in mind is that the interpreter is there to interpret and has not been retained to give an expert opinion of the person's ability (or lack thereof) to speak the language. Many times, attorneys, especially during highly contentions civil depositions, will try to pull the interpreter into the argument, asking him or her to "tell us if the deponent (the person who has requested an interpreter) speaks _________." When we are in that situation, we politely say that we are not qualified to give an on-the-spot language ability assessment nor has it been agreed upon which criteria or scale should be used. Our advice: don't give an opinion. While you may have some insight into the person's language ability, you are probably not qualified to give an expert opinion, so you should not. Stick to your role.
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| Who needs an interpreter? |
Now that it's probably been established that the interpreter should stay (after much bickering between attorneys or other parties), the tough part starts. For example: it is probably quite true that the person in question (the DNRNAI person) understands the source language quite well. That means that the DNRNAI person doesn't really need an interpreter to understand the question, but does need one to answer, as he or she is simply not that strong in the second language -- understanding is always easier than speaking. There are a variety of reasons for requesting an interpreter when you don't truly need one (again, there's a lot of debate as to who needs an interpreter):
- For tactical advantages in court. We've seen this a lot during divorce and custody proceedings. Sometimes things are so contentious that the parties don't want to leave anything to chance, even though they can communicate in English with their attorneys just fine. However, once proceedings start, the parties (or party) do want an interpreter, many times in the hopes that court interpreters will simplify or explain the proceedings to them, which of course we cannot.
- As a security blanket. Some parties just want an interpreter present in case they don't understand something and request the interpreter to be on stand-by. Usually the other party loudly protests this and demands that the interpreter either interpret everything or nothing. Of course everyone knows things will take a lot longer with an interpreter, which is why occasionally attorneys will kindly suggest sending the interpreter home. Again, as the interpreter, we don't chime in. We sit there, looking pretty (if we can), smile, and let the parties sort it out.
- Because they can. Depending on the state, the jurisdiction and the type of case, people have a well-established right to an interpreter (Civil Rights Act of 1964, etc.), so many times people just want their interpreter, period. Sometimes, this can get a bit odd. Judy has interpreted for well-known business owners who've lived and worked in the United States for years, yet want an interpreter for their native language (Spanish), which is no longer their dominant language. The problem: when you interpret correctly into their native language, they oftentimes don't understand it, because English is really their dominant language. Still, they insist on answering in half-English, half-Spanish. We just keep calm and carry on.
As you can see, interpreting for people who don't really need an interpreter (DNRNAI persons) is full of potential landmines, but somehow, we manage to enable communication without too many problems. What's your experience? We'd love to hear about it.
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