As the demand for legal representation of non-English speaking clients continues to grow, attorneys are responsible for establishing an understanding for their clients of what they face and what to expect while interacting with the United States legal system. These clients face a frightening and foreign process that can determine matters fundamental to their lives and deliver life changing decisions. When non-English speakers find themselves in need of legal assistance, they should look for law firms that will explain them their rights and what they may be facing in a way they can understand. Non-English speakers have a lot to consider when interacting with the American court system and it is important for attorneys to guarantee understanding and assistance for the clients and cases they take on.
Considerations for attorneys working with non-English speaking clients:
Language barriers and cultural differences can result in lost time as the two parties work to understand one another.
The courts are responsible for providing interpreters in courtrooms, but preparation is necessary before entering court. Both documents and discussions must be clear for everyone before an understanding can be reached.
During interviews between attorneys and non-English speaking clients, clients may sometimes smile or nod in agreement to a question or statement because they think it is what is expected, when in fact information has not been conveyed clearly and the client may not have fully understood. It is important to avoid this potential obstacle that can compromise the client’s case.
While non-English speaking people are guaranteed legal rights and access in America, many have been historically disadvantaged(PDF) simply because they do not speak English. The Court of Interpreters Act of 1978 was a step in the right direction for non-English speaking communities, but to this day services still face challenges as interpreters are commonly not available. To ensure the best possible legal assistance for clients, lawyers should rely on professionals outside of the courtroom for translation and interpretation services. Interpreters must be court certified before they can legally interpret in a courtroom. Attorneys and law firms should take the time to become familiar with resources such as NAJIT to ensure they understand translators’ legal liabilities.
All of the language-related challenges faced by attorneys representing non-English speaking clients can be eliminated by allowing professional linguists to help them with their case.
What else should lawyers consider when working with non-English speaking clients? Let us know your thoughts in the comment box below!
