Tuesday, February 12, 2019

How Risky Can Legal Translation Be?

Legal translation does not only require a good knowledge of the source and native knowledge of the target language, as well as a professional qualification in translation. Other important attributes of a legal translator include a solid foundation in the legal system or systems involved, as well as a high degree of professionalism and discretion.

In dealing with or using translation services, translators and clients should be aware enough about whether the finished product of translation is accurate. Translated materials are always essential, and thus professionalism in the translation industry is necessary.

When we say translation, it is about the process of making the text of the text document comprehensible in another language. This idea is applicable in the legal translation process, as well; it is always applicable to any other translation field, too. However, when dealing with the legal translation field, we do not simply translate the text document or words into a more understandable language, but we convert the text document into (potential) a very different legal system, all within a given legal field. Legal translation could be quite risky and a big job to tackle. Legally speaking, producing poor translation in the legal field could be a potential danger to the lawyers, who use the legal text materials.

Languages and laws are both closely related to the culture of a society. Thus, the textual structure of the translated materials within the law should suit the particular culture of the target language. Producing a well-structured translated legal text will be more understandable and will gain more respect with the clients.

When dealing with international issues, a lawyer should undergo first some different procedures, and that is the main building block regarding the legal system. Thus, the entire process includes as well how accurate and professional the legal translation is. Legal translation requires a professional and expert translator that has a wide knowledge about syntax and has the ability to provide good sentence structure in the target language. In addition, a legal translator should have knowledge of the relevant legal system(s), accuracy in legal writing, should have good skills and knowledge about terminologies.

We all know that each legal system has its own vocabulary and terminologies. Thus, legal translation is not just about translating the text word-by-word. Indeed, translation is the full job of the translator, whether finding a most accurate term of words from the source text that don’t have a direct correspondence in the target language. In translation, a translator should know how to use his or her technical translation ability or knowledge.

A translator should also know about legal manners and traditions. There are some legal materials that are authoritative in terms of translation. Authoritative law documents such as treaties and conventions or contracts are commonly confidential. Thus, a translator must have the a high degree of professionalism to be successful in the translation business.

Literally speaking, legal translation is about dealing with laws and civil rights. Thus, legal translation is not a joke. In fact, if a certain translator is not skilled enough in the legal translation field, this could represent a potential danger for her or him for accepting the job. Accurate legal translation is necessary and thus, hiring a professional legal translator is needed, and that should actually be the law!


ABOUT THE AUTHOR 

Charlene Lacandazo works for Rosetta Translation, a leading international translation agency. http://www.rosettatranslation.com/

Friday, February 1, 2019

Instances Where a Divorce Attorney May Advise Not to Follow Custody Order

For a divorce attorney to advise their client not to follow a court order can be daunting. The law, however, allows for it in some limited situations.

I have written many articles on the subject of child custody in Louisiana, and also specifically how a divorce attorney will approach a case. It is also important to consider that when a Louisiana court enters their judgment, they do so with the full effect of law. Parents subject to their decree are ordered by the state of Louisiana to comply. We can see this idea codified in Louisiana Civil Code article 136.1.

As is typical with many Louisiana laws dealing with child custody, here we see once again the theme that a child’s rights and welfare are to be considered in the highest regard: “[A] child has a right to time with both parents.” However, Article 136.1 is also interesting because it forces parents to have “good cause” for not honoring a court-ordered custody arrangement.

So what exactly is “good cause”? Well, it is difficult to say without more facts. Each case will have different variables. Having said that, there are some general circumstances where a divorce attorney might find good cause to exist, or not exist.

For example, let’s say that two parents have joint custody of their child, and the terms of that custody are that the child will live with each parent equally every two weeks. About a year after the custody is established by the court, with or without the assistance of a divorce attorney, the mother begins to notice that her child always returns from his father’s house with bruises on his face and body. Initially, the mother does not think anything of it, but after a couple months she becomes scared and suspicious of what is happening to the child at his father’s house. She questions her child, and her child eventually admits that the father drinks very often, and that he routinely beats the child. In fact, the child tells his mother that the last time he was at his father’s house, his father said he was going to kill him.

This is an example where the mother probably has good cause to violate the terms of the court awarded custody. If she has reason to believe that honoring the custody arrangement could result in imminent harm to her child, she has no choice but seek the redress of a court.

On the flip side, let’s say that the father does not beat the child, but gives the child a lot of candy whenever they are together. The child always returns to his mother’s house with a backpack full of chocolates and other sweets that his father has given him. The mother takes her child’s dental health very seriously, and she has begun to worry that the father giving the child all of these candies is going to rot his teeth. In this case, the mother probably does not have good cause to violate the court ordered custody.

This article is written with the sole intention of providing information. It is not legal advice. Will Beaumont is a divorce attorney in New Orleans.



ABOUT THE AUTHOR 

Prior to initially deviating from a court order without the consent of the other parent, it is strongly advisable that you consult with a divorce attorney. Metairie has a number of options, and one is Will Beaumont, who can be contacted here at Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA, 70002 (504) 834-1117. http://www.beaumontdivorce.com/metairie/