In the legal sector, the importance of language proficiency, precision, and clarity in communication cannot be overstated. Misunderstandings can lead to miscarriages of justice, prolonged cases, increased costs, and decreased public trust. Serving all community members effectively sustains public confidence in the legal system. In this context, language proficiency can positively impact the legal landscape, making bilingual or multilingual employees essential, especially in courtrooms where people of diverse linguistic backgrounds are common and on the rise.
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Avoid Miscommunication in the Courtroom
Courts in the U.S. serve diverse communities where non-English speakers often face critical barriers. “Although federal civil rights provide important protections, they have historically been difficult to litigate and enforce, in part because it is difficult for individuals with limited proficiency in English and others to distinguish whether programs and services are provided by or through federal, state, county, or city entities,” (Lee). Ensuring that court staff and legal professionals are proficient in multiple languages can bridge communication gaps. For instance, a certified bilingual court interpreter in a high-profile case involving a non-English-speaking defendant is instrumental in guaranteeing that the defendant’s rights are upheld and that the jury understands the context of the case. The interpreter’s accurate communication of testimonies and legal documents can contribute to a fair trial and a just case outcome. Legal counsel can also benefit from having paralegals and lawyers who are proficient in the non-English-speaking defendant’s preferred language.
Miscommunication in the courtroom can have dire consequences. Imagine a high-stakes civil lawsuit in New York City, where the plaintiff, John Reynolds, is suing a prominent construction company, NYC Builders Inc., for breach of contract resulting in significant financial losses. Carlos Fernández, a foreman directly involved in the project and a Spanish speaker with limited English proficiency, is a key witness. The court-appointed bilingual interpreter, Leslie Rodríguez, fluent in both English and Spanish, with exceptional language skills and extensive training in legal terminology and court procedures, is an invaluable asset during his testimony. Fernández uses the term “acta de replanteo”, a construction document in Spanish-speaking countries. A direct translation would be “replanning document”. Understanding the importance of precision and to avoid confusing the jury, Rodríguez translates it as “site inspection report,” the closest equivalent in English legal and construction terminology. Fernández makes another statement that, if misinterpreted, could imply negligence on his part. The legal team managing NYC Builders Inc.’s case also has a team member named Omar Lima who is proficient in Spanish. Ms. Rodríguez’s precise and contextual translations, confirmed by Mr. Lima, ensure that the jury receives the essence of Fernández’s statements, allowing them to make an informed decision. The jury’s verdict is based on an accurate understanding of all testimonies. It is paramount in the justice system to identify, train, and certify bilingual staff, to prevent miscommunications and wrongful convictions, as well as ensure accurate legal proceedings.
A survey conducted for ACTFL highlights the importance of advocacy for regional, state, and national policies responsive to industries’ foreign language and labor force needs. “Access to justice means access to legal assistance and simplifying process, but it also means language access. People should not be excluded from the promises of our laws because of the language they speak,” remarked Rachel Rossi, director of the Office for Access to Justice during a Stanford Law Review 2023 Symposium on Access to Justice.
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Thus, partnering with an authority in language teaching and assessment, such as ACTFL tests delivered by Language Testing International® (LTI), is crucial…” and Official ACTFL tests administered by LTI provide the gateway to unlocking this potential by offering essential tailored assessments in more than 120 languages. Legally defensible language credentials in reading, writing, listening, and speaking, ACTFL assessments are widely recognized and remotely proctored
Sources
American Council on the Teaching of Foreign Languages (ACTFL) and the Lead with Languages Campaign commissioned Ipsos Public Affairs, with the support of Pearson LLC and Language Testing International. (2019). “Making Languages Our Business: Addressing Foreign Language Demand Among U.S. Employers.” https://www.actfl.org/uploads/files/general/MakingLanguagesOurBusiness_FullReport.pdf
Rossi, Rachel. Speech Topic “Access to Justice”. Stanford Law Review 2023 Symposium. Stanford, CA, USA. Office of Public Affairs. U.S. Department of Justice. February 10, 2023. https://www.justice.gov/opa/speech/director-rachel-rossi-office-access-justice-delivers-keynote-remarks-during-stanford-law
Lee, Joann. “Advancing Language Access through State-level Civil Rights Laws.” Migration Policy Institute, MPI. https://www.migrationpolicy.org/programs/language-access-state-civil-rights-laws
