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Global Communicator Archives


Monthly Email Newsletter
August 2005


IN THIS ISSUE:
I.   Message from the Editor
II.  Articles:
     *** FEATURED INDUSTRY: Legal
     1.  Feature Article: Navigating the Linguistic Jungle - A Look at Clients and Witnesses with Limited English Proficiency (LEP)
     2.  Tip Sheet: Hiring a Language Services Provider
     ***  FEATURED LANGUAGE: Chinese
     3.  Chinese Quick-Glance/ Identifying Chinese Dialects
     4.  Useful Links
III.   In Our Next Issue
IV.  Your Feedback
V.   How to Subscribe

I.   MESSAGE FROM THE EDITOR

There are several national laws dictating the use of interpreters in the judicial setting. This month's feature article discusses the laws and regulations you may encounter in the legal industry when working with either clients or witnesses who are considered LEP, or having Limited English Proficiency. For example, a person qualifies for an interpreter if they speak only, or primarily, a language other than English if, for example, it will impede his or her comprehension of the proceedings.

Think the term LEP doesn't affect you? Well, if you are involved in social or health services industries, think again. While we don't touch on the specific regulations that may impact these two industries in this article, we do understand the issues and can offer valuable insight through case studies on our website or individual consultation.

Put simply, many of you are in the market for a language services provider at one time or another. But how can you know if you're selecting the right firm for your company? Read our tip sheet to find out more.

Our featured language in this issue is Chinese. Although the Chinese government has tried to standardize both the written and spoken languages used in China, there are actually 54 different languages spoken in China today. Amazing? Yes, but also confusing and challenging to doing business in this region of the world. Read more about the numerous dialects and find useful links to Chinese media sites, portals and search engines in this issue's featured language section. 

Since this newsletter is meant to create a virtual community where we share the latest news and advice, we invite you to submit your suggestions, story ideas, statistics and website tips to mailto:newsletter@globallanguages.com.

-- Inna Kassatkina, Editor
mailto:editor@globallanguages.com


II.  ARTICLES

*** FEATURED INDUSTRY:  LEGAL

1.  FEATURE ARTICLE: NAVIGATING THE LINGUISTIC JUNGLE - A LOOK AT CLIENTS AND WITNESSES WITH LIMITED ENGLISH PROFICIENCY (LEP)

According to the Judicial Council of California, every day in California courtrooms more than 80 different languages are spoken by parties and witnesses. But, did you know that anyone who doesn't speak English and is charged with a crime is entitled to an interpreter in court? So is anyone who must testify as a witness. Yet in California, where 31.5 percent of Californians speak a language other than English in the home and nearly one in ten speaks no English at all, there are only about 1,300 state-certified interpreters working in the courts.

Beyond the borders of California, several national laws dictate the use of interpreters in the judicial setting. For example, a person qualifies for an interpreter if they speak only, or primarily, a language other than English so as to cause at least one of these three problems: inhibition of the party's comprehension of the proceedings, inhibition of the party's communication with counsel or the judge, or, in the case of a witness, inhibition of the witness' comprehension of questions and presentation of testimony (28 U.S.C. 1827 (d)(1)).

Courts that are unable to find a trained interpreter for a defendant or witness who needs one may have to postpone hearings, which is costly and frustrating. Beyond money and frustrations, proceeding without an interpreter could violate a non-English speaker's rights to due process. 

When trained and tested interpreters are not available, judges may rely on someone in the courtroom, perhaps a friend or family member, who speaks the defendant's language. But without training, few bilingual speakers can accurately and comprehensively interpret legal language flowing at 150 words a minute. They may also be unaware of the nuances the meaning of a word can carry in different languages.

It is common to encounter the misconception that if an individual is bilingual he or she can interpret and, by extension, can interpret in court and translate court documents. In reality, the demands of courtroom interpreting are particularly complex, requiring extensive knowledge of at least two languages and rigorous training in interpretation.

So how can you navigate the rigorous terrain of the linguistic judicial jungle? Global Language Solutions (GLS) offers the following suggestions for using interpreters in a legal setting:

   1) Before the proceedings begin, give the interpreter case information, including a summary of expected testimony, and a copy of any relevant documents which the interpreter will be expected to translate.

   2) If an expert witness will be using specialized vocabulary, notify the interpreter in advance, because even skilled interpreters may be deficient in technical terms. This helps the interpreter refuse the assignment if he or she is not qualified.

   3) Interpreters should not be asked to explain legal concepts or procedures or to fill out forms without an attorney present. Legal explanations must be left to attorneys.

   4) Make sure the interpreter's English can be understood. Watch out for accents that are so thick they impede communication. The Court Interpreters Act, 28 U.S.C. 1827 mandates dismissal of an interpreter who cannot communicate effectively with the court AND counsel. However, many good interpreters have slight accents simply because they learned English as teenagers or adults and may have an otherwise excellent command of the language.

   5) Interpreters also must be able to handle different dialects. For instance, the Spanish spoken in one part of Mexico is typically quite different from the Spanish spoken in Puerto Rico.

   6) Be familiar with your interpreter's code of ethics. In most jurisdictions where interpreters are used with any regularity, courts have promulgated codes of ethical conduct for court interpreters and translators. The National Association of Judiciary Interpreters and Translators has a Code of Ethics and Professional Responsibilities, which is binding on all its members. Visit http://najit.org/ethics.html for more information.

To receive the complete tip sheet on Using Interpreters in a Legal Setting, please send an e-mail to mailto:tipsheets@globallanguages.com. To find out more about state and national legal mandates for access to interpreters in your area, please contact GLS at mailto:info@globallanguages.com

References:

-- National Association of Judiciary Interpreters and Translators
-- Judicial Council of California
-- The Court Interpreters Act, 28 U.S.C. 1827 Interim Regulations of the Director of the Administrative Office of the United States Courts Implementing the Court Interpreters Amendments Act of 1988
-- Federal Rules of Evidence, Rule 604
-- Federal Rules of Evidence, Rule 702
-- Code of Professional Responsibility of the Official Interpreters of the United States Courts


2. TIP SHEET: HIRING A LANGUAGE SERVICES PROVIDER (LSP)

In today's competitive business landscape, most companies simply cannot afford to ignore global markets. International sales contribute substantial earning opportunities both on- and offline. However, entering a foreign market can be challenging: unfamiliar advertising cultures, different laws and regulations, and a foreign language put potential obstacles in the way. How can you be sure you are selecting a translation team that has the experience and the training to properly convey your message in the target language.and, for that matter, culture?

Based on its experience translating documents and websites for Fortune 500 global brands and leaders in the health, government, financial, and legal sectors, Global Language Solutions (GLS) offers several tips for a successful translation process by selecting the right provider, including:

  1. Commitment to quality. Make sure that a defined workflow and documented quality assurance procedures are in place and are used at all times. Look for a provider with a firmly established project management process involving different team members (translation, editing, proofreading). Don't be afraid to ask the provider how they ensure quality. Whether a $150 or $50,000 job, one-page or 200-page document, the level and commitment to quality and adherence to processes and procedures should be the same.
  2. The price is right.  To provide quality, it takes time and effort.  Just because you select the agency with the lowest cost does not mean you will get the worst service - or the higher priced translation does not guarantee the best accuracy. One way certain providers cut costs is to sacrifice quality. For example, they may choose not to follow a multi-step quality process. Instead, they use one translator and skip the editing and proofreading stages by other team members.  Because of this, they might be able to offer rock bottom prices. On the other hand, there is no need to pay extra for extensive overhead costs.  Keep in mind - price is only one factor to consider.
  3. Industry expertise. Just as you would not hire a divorce lawyer to manage your meeting with the IRS, it is highly recommended you hire a translation agency or translator with experience in your specific industry. This is particularly important for highly regulated industries, such as medical devices, clinical research, finance, etc. 
  4. All words and cultures are not created equal.   The experienced translation agency will address country-specific cultural and linguistic issues. Brand names, for example, may need to be adjusted to target cultures to ensure that they don't have different connotations in the foreign language that could prove to be damaging to the brand or even offensive.  Coca-Cola sells a lot of Diet Coke in the U.S. However, 'diet' in Germany and Italy suggests illness, thus the company renamed it Coca-Cola Light.
  5. Use translation memory (TM) tools. Translation memory (TM) software analyzes repetitive text in the source documents and then queries a translation memory database to identify previously translated segments. TM ensures consistency of terminology, expedites future revisions, and reduces translation costs. Consistency is improved because the TM software will always propose the same translation for the same source sentence. Even a large group of translators, working from different locations, can produce consistent translations, provided they work from the same translation memory. These tools should not be confused with Machine Translation (MT) software.

GLS has several more tips for a successful translation process. To request the complete translation tip sheet, send an e-mail to mailto:tipsheets@globallanguages.com.

*** FEATURED LANGUAGE:  CHINESE

3.  CHINESE QUICK-GLANCE


While the English language is based on the Roman alphabet of 26 letters, Asian languages are ideographic - they use symbols to convey the meaning. Over the centuries Chinese, which originally had about 50,000 symbols, evolved into various other Asian languages.  Today Traditional Chinese has about 13,000 characters and is used mostly in Hong Kong and Taiwan, while Simplified Chinese has about 1,500 to 3,000 characters and is used in most of the Republic of China.

IDENTIFYING CHINESE DIALECTS:
Although the Chinese government, located in Beijing, has tried to standardize both the written and spoken languages used in China, there are actually 54 different languages spoken in China today.  The spoken languages include the most widely popular Standard Chinese or Mandarin spoken by the Han Chinese (also called Putonghua, based on the Beijing dialect), Yue (Cantonese), Wu (Shanghaiese), Minbei (Fuzhou), Minnan (Hokkien-Taiwanese), Xiang, Gan, Hakka dialects, and many minority languages spoken by ethnic groups. The main written Chinese languages are Simplified Chinese (which uses simplified characters) and Traditional Chinese (which uses more complex traditional characters).  Simplified characters are used in many areas of China and in Singapore, while traditional characters are used in Taiwan, Hong Kong and many overseas Chinese communities located outside of China.  Traditional characters have also become more popular in southern China in recent years.

There are also many ethnic groups in China, including Han Chinese (91.9 percent of China's population), and Zhuang, Uygur, Hui, Yi, Tibetan, Miao, Manchu, Mongol, Buyi, Korean, and other nationalities (8.1 percent of China's population).

SPEAK THE LANGUAGE:
Despite China's commitment to, and success in, developing human resources with good English-language skills, companies that are serious about doing business in China should supply company information in Chinese and be prepared to initiate contact in Chinese. Having Chinese-language material prepared and a Chinese speaker or interpreter available makes a great first impression and demonstrates that a company is serious about doing business in China.


THE PEOPLE'S REPUBLIC OF CHINA:
China is the world's most populated nation with just over 1.26 billion people, and growing every day. Historically, China has been a leading civilization, outpacing many nations in the arts and sciences. But in the first half of the 20th century, China was beset by famines, civil unrest, wars, military defeats, and foreign occupation. After World War II, the Communists, led by Mao Zedong, established a dictatorship that imposed strict controls over everyday life of its citizens, commerce, and society. After 1978, under Deng Xiaoping, China gradually introduced market-oriented reforms and decentralized economic decision making. And output reportedly has quadrupled in the last 20 years.  But for western business today, China remains a quagmire. With the world's second largest GDP, enormous untapped potential markets and vast resources, it sustains great uncertainty and instability.  For example, political controls remain extremely tight even while economic controls continue to weaken.  And in the eyes of the world, its poor humanitarian record is of great concern.
 
4. USEFUL LINKS

WEBSITES:

The following websites are good sources of information about media covering news and events in China.  The majority of these sites are bilingual (in English and Chinese); those that are Chinese-only are indicated below.
-- China Daily - http://www1.chinadaily.com.cn/news/index.html
-- China and World Economy - http://www.iwep.org.cn/wec
-- People's Daily Online - http://english.peopledaily.com.cn/home.html
-- China Internet Information Center -
http://www.china.org.cn/english/index.htm

PORTALS:
If you want to check out important portals, visit:
http://www.sparkice.com
http://www.alibaba.com
http://www.meetchina.com

SEARCH ENGINES:


Some major Chinese search engines are:

In English -
http://www.thechinabridge.com/index2.htm
http://www.chinasite.com/
http://www.chinavista.com/hyper-c/hyper-c.html
http://www.iearthbound.com/englishhome.html

In Chinese -
http://www.ahshun.com/
http://www.beijixing.com.cn/
http://cc-www.com/portal/traditional/main_trad.htm
http://www.thechinabridge.com/chinese/index2.htm
http://www.cseek.com/
http://www.chinavista.com/hyper-c/chhyper-c.html
http://www.iearthbound.com/
http://www.sina.com.cn/
http://www.sohu.com
http://cn.yahoo.com/

III.  IN OUR NEXT ISSUE

**** FEATURED INDUSTRY:  Online Education

**** FEATURED LANGUAGE: Italian



V. YOUR FEEDBACK

Have questions? Or a story idea or topic you would like us to address in a future issue? Let us know by sending a message to
newsletter@globallanguages.com.


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