Some Steps for work with Legal Interpreter for a Deposition

The first thing to do is to invest in a certified interpreter with a legal specialty. You've heard it before: bilingualism does not an interpreter make. Neither does a bachelor degree in a language. Nor a high school class. Professional interpreters are qualified linguists whose number one goal is to help you communicate with speakers of other languages. They should have trustworthy references and formal training. You can use an agency to hire an interpreter or you can contract a freelance interpreter directly. There are advantages and disadvantages to both approaches.

If possible, ask the interpreter or translator to come in early so that you have time to run through the basics. Even if this means you will have to pay for the "extra" time, it'll be worth it when you find that the language communication part of the deposition is running smoothly. Briefly interview your client with the assistance of the interpreter. This will give the interpreter the chance to familiarize herself with your client's voice, speaking style, dialect, etc. This is a good idea especially if you have not provided any information about the case to the interpreter beforehand.

Provide material days in advance for the interpreter to review before the deposition. You don't have to give her your entire case file, but some background is helpful. Making the basics of the case available to the interpreter (who, what, where, when, etc.) will help her prepare and ensure that the communication side of your deposition goes well. If you have documents in another language that you will ask the interpreter to sight translate into the record, make sure she has these well before the start of the deposition.

At the very least, provide the interpreter with a list of names and dates that will be used during the deposition. This will ensure that all names and dates coming from you will be interpreted accurately.

Always use the second person when addressing your client or other parties and look at them directly. For example, you should say "state your name for the record," rather than "tell him to state his name for the record." Never look at the interpreter unless you are addressing her directly.

Consider keeping your sentences short and simple. When addressing your client, it is a good idea to stay away from long, complex sentences with multiple subordinate clauses, unless doing so interferes with your litigation strategy.

Understand that a legal interpreter must remain neutral and not demonstrate partiality toward any party. When the deposition begins, and even during the brief client interview (if you hold one beforehand), the interpreter will go into professional legal interpreter mode. Her face will be minimally expressive; her body movements almost non-existent; her voice will echo each speaker's voice in tone. If the interpreter is especially good, you may even forget that she is present.
Keep in mind that at times the interpreter will go into simultaneous/whispering mode. Whenever anything is said on or off the record, the interpreter must interpret it to the client in order to preserve his right to be present in the legal proceeding.

Make reasonable requests of the interpreter. For example, if you find that the interpreter is too loud during simultaneous interpretation, ask her to speak in a lower tone. Don't be reluctant to make reasonable requests of the interpreter to ensure that the deposition runs smoothly. Professional interpreters appreciate direction from their well-informed clients.

Take into account that accuracy decreases with increased fatigue. If you are in a long deposition, consider asking the interpreter if she would like a break. Or better yet, agree at the beginning that you will take pre-determined breaks. Mental fatigue will affect the accuracy of the interpretation.

Remember that a deposition with an interpreter will inevitably take longer than a "regular" deposition. Everything is being said twice. Most of the deposition will take place in consecutive mode. For example: one party asks a question in the source language (for example, English), the interpreter repeats the question in the target language (for example, Spanish), the party addressed answers the question in the same language (Spanish), and the interpreter repeats the answer in the original language (English). Not surprisingly, this interaction takes longer than normal interactions. If you accept that the deposition will take twice as long as a "normal" one, you will be in the right mindset to work with an interpreter. What's more, you are setting yourself up for a pleasant surprise if the deposition should not take as long as you expected.

Finally, put the interpreter out of your mind. You've done your homework. You can afford to pretend that you are in a "regular" deposition. Your colleagues, on the other hand, may not be so lucky.