So, you hired a legal interpreter because you recognized the importance of language access. Good job! While that's an important first step, it's only the beginning if you're serious about getting it right.
Here's the reality: simply having a bilingual professional in the room doesn't guarantee clear communication. Without proper preparation and protocols, you're still exposed to costly misunderstandings. The interpreter can't "figure it out" alone. You need to actively manage the process.
To protect your clients, you must follow specific best practices that govern how you prepare for, conduct, and conclude every interpreted session. Here are the seven things you must absolutely do when working with a legal interpreter.
You might be tempted to use a friend, a family member, or a bilingual staff member to save time or money. In the industry, we call this using an "ad hoc" interpreter. Don't do it.
Always engage a professional legal interpreter rather than an untrained bilingual individual. Being bilingual alone does not qualify someone to interpret. Interpretation is a skilled profession that requires specialized training to handle complex terminology and maintain strict impartiality.
Using friends or family members, especially children, is highly discouraged because it often violates confidentiality and creates immediate conflicts of interest. Family members cannot remain neutral, as they often have a personal connection to the client or the case. A professional interpreter, by contrast, remains impartial and unbiased, having no stake in the outcome.
Before hiring an interpreter, verify their qualifications, such as court certification or professional credentials. Courts, state judicial branches, and authorized certification bodies officially designate interpreters, often based on regional language needs. These designations typically prioritize languages commonly used in that jurisdiction and require interpreters to meet defined testing, ethics, and training standards.
Preparation is key to a successful interpreted meeting or proceeding. Legal discussions are often technical and nuanced. You cannot expect an interpreter to walk in cold and perform perfectly without context.
Schedule a pre-session meeting with the interpreter before the actual client meeting or court session begins. Use this time to establish ground rules, explain the context of the assignment, and review any special considerations.
Providing materials in advance sets the interpreter up for success and improves accuracy. If the session will involve discussing contracts, medical reports, or technical documents, the interpreter will benefit from reviewing these files beforehand to research unfamiliar terminology.
Never spring a lengthy or highly technical document on an interpreter to "sight translate" on the spot. If you need a written document translated on the fly, be aware of the difficulty this presents. In such cases, summarizing long documents and having the interpreter convey the summary often serves the client better. For critical documents like contracts, pleadings, or medical records, consider having them professionally translated in advance rather than relying on sight translation during time-sensitive meetings.
When the session begins, take charge. Establish the rules of engagement immediately to avoid confusion later.
Professional interpreters often give a brief introduction of themselves and their role. They may state that they will interpret everything said exactly as spoken, keep all information confidential, and speak in the first person.
As the legal professional, you should also introduce the interpreter to your client and ensure your client understands the interpreter's role. Clearly establish that the interpreter will translate everything said by either party, without omissions or additions. Encourage everyone to speak directly to each other, not to the interpreter.
You must also caution your client not to hold side conversations with the interpreter. All communication should be interpreted aloud so that everyone stays on the same page. This prevents anything from happening "off the record" or without one of the parties knowing.
This is the most common operational error legal professionals make: they speak to the interpreter instead of to their client.
You must maintain eye contact with your client and talk as if the interpreter isn't there. This keeps the focus on the interaction between you and your client and makes your client feel included.
Speaking in the first person ("How did you hear about this case?") rather than the third person ("Ask them how they heard about the case") is faster and avoids confusion. Likewise, the interpreter will speak as "I" when conveying your client's words, mirroring their perspective.
Make sure your client knows that when the interpreter says "I," it means your client is speaking through the interpreter, not that the interpreter is speaking personally.
Pacing is crucial. Speak at a moderate pace and pause regularly. To ensure your message is conveyed accurately, keep these factors in mind:
Remember that even if the interpreter understands you, your client might not grasp a complex term in any language. Express legal concepts as plainly as possible to ensure your client's comprehension.
Ultimately, it is your responsibility to confirm that your client understands the information and advice you are providing.
Do not ask the interpreter, "Do you think they understood that?" The interpreter is a neutral party whose sole role is to facilitate communication. Interpreters are not advocates or legal advisors, and they cannot judge your client's comprehension for you.
Instead, ask your client open-ended questions or, if necessary, have them summarize the information in their own words. For example, after explaining a complex concept, you might ask your client, "Can you tell me what your understanding is of X?" This allows you to gauge comprehension directly and clarify any confusion immediately.
Be careful with non-verbal cues. Your client's nod or a simple "yes" may just be politeness and not true understanding.
Interpreting is mentally and physically demanding work that causes fatigue over time. Fatigue leads to errors. If you treat an interpreter like a machine, the accuracy of your communication will degrade as the session drags on.
In court or lengthy meetings, schedule periodic breaks so the interpreter can rest and maintain accuracy. A common practice is to allow interpreters a short break every 30 to 60 minutes. If you notice an interpreter struggling or the pace of speech becoming too fast, pause and suggest a break.
For routine client intake calls or quick consultations with LEP clients, many legal teams use on-demand telephonic or video interpretation services. These can connect you with a qualified interpreter in under a minute and work well for shorter interactions, while reserving in-person interpreters for depositions, trials, and other high-stakes proceedings where physical presence matters most.
For very long sessions (such as an all-day deposition or a multi-hour trial segment), consider arranging for multiple interpreters who can alternate. Professional court interpreter protocols often require two interpreters for any proceeding over a certain length. The interpreters will take turns, with one actively interpreting while the other rests, to keep mental focus sharp.
Review your organization's current intake process for LEP clients. If you don't have a standard "Pre-Session Briefing" checklist for your interpreters, create one today using the points above.
Many language service providers that specialize in legal interpretation can help you develop intake protocols and workflows tailored to your specific practice area. At Argo Translation, we provide certified legal interpreters for hearings and depositions through telephonic and video remote interpretation services. Whether you need on-demand support or scheduled interpretation, treating the interpreter as an integral part of your team ensures justice is served with full understanding by all parties involved.