For those who find it hard enough to communicate with clients who do speak English, spare a thought for solicitors who bear the additional burden of having to employ interpreters.Being able to speak the same language as a client does not necessarily qualify a person to act as an interpreter.
The client must be able to communicate his or her own instructions and receive advice in a clear and cogent manner.There are only two absolute essentials to a good interpreter: an ability to speak, and preferably write both in English and the language of the client, and the ability to maintain client confidentiality.
If an interpreter lacks either of these prerequisites then either you will not be able to receive and convey information, or your clients' interests may be compromised by information being disclosed to other parties.The starting point for finding an interpreter may be to contact a local firm which undertakes immigration work, the Citizens Advice Bureaux, or a rights group.Theoretically it may not matter whether the interpreter is professionally qualified or not.
My own experience has been that professional interpreters booked through agencies (sometimes at greater cost than for individuals) are sometimes less able to communicate effectively than non-professionals.
The client may not have received a formal education and may possess a limited vocabulary.
The language used by a professional may be too highbrow.It is vital to ensure that the interpreter and the client actually do understand one another.
The starting point is the language, but thereafter consider different dialects and regional variations.
Turkish nationals speak a similar language to Turkish Cypriots, but it is not a true match.
Kurdish as spoken by Iraqis is very different from that spoken by Turkish Kurds.During client interviews the interpreter should check throughout that the client is understanding and whether they want anything to be repeated or clarified to ensure comprehension.Once the solicitor has been able to identify the precise language and dialect spoken by the client, it may be necessary to pass this information on to the other side, or to the court.
Again, it is important to specify not just the language but the dialect and if appropriate, the region, so as to avoid any margin of error.Unless the solicitor is able to communicate effectively with the client in the client's own language, it is impossible to judge the effectiveness of the other side's interpreter and whether they are up to the job.
The only way of ensuring accuracy is to use your own interpreter to act as a check against poor or partial translating.
In the context of immigration, it is well recognised that legal representatives should be accompanied by their own interpreters.
Without an interpreter to monitor the questions asked and answers given, there is little point in the solicitor being present.Often clients will attend the office with friends or relatives.
In many cases, subject to competence, using such individuals poses no difficulty provided the friend or relative understands the need to maintain confidentiality.
Sometimes it is more appropriate for an independent interpreter to be used.
The friend may lack sufficient English to be able to ensure the client understands the issues raised or the advice given.
Alternatively, the friend may have a vested interest in the o utcome of the client's case and instead of interpreting, substitute or dilute a solicitor's advice with his or her own more palatable version.
The client may feel inhibited at revealing personal information about their own affairs to a family member or friend.
If a client is receiving advice and assistance under the green form it may be necessary to spell out to the Legal Aid Board why an independent interpreter is being used when a friend or family member is otherwise available.Sometimes clients are referred by a 'friend' or a representative of a community association who then attends to interpret in return for payment.
Such a situation can give cause for concern particularly if the client is placed under pressure to instruct that solicitor's firm due to the financial arrangement with the 'friend'.
In immigration cases it is not unknown for 'finders' fees' to be paid by clients to the referrer.It is impossible for solicitors to stop such practices, but not impossible to ameliorate the position for the client.
There is nothing wrong in asking the client whether they have had to pay anyone to have the case referred and if so why.
The solicitor can agree to accept referrals on the understanding that an independent interpreter will be engaged.Sometimes having an interpreter from the same region of the same country is still not enough protection.
My experience of attending Leman Street Police station following a riot at a Kurdish New Year celebration between rival political groups was a salutary reminder of how important it is to be absolutely sure to use an interpreter from the right political faction -- the interpreter and my client came to blows in the cell; it emerged that they came from different political groups.
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