Training Legal Interpreters and Translators in Response to the New Directive

Training Legal Interpreters and Translators in Response to the New DirectiveGertrud Hofer Zurich University of Applied SciencesCentre for Continuing Professional Education

Eulita, Madrid, 15./16.3.2012Gertrud Hofer, ZHAW

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Great expectations by legal professionals

Linguistic/interpreting prerequisites

• Precision as to content (≠ translate word for word!)

• Completeness of interpreting

• Linguistic competence in 2 languages

• Cultural awareness

• Terminological expertise

• Specialised knowledge and vocabulary

Legal prerequisites

• No police record

• No contact to criminal persons

• Availability


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Great expectations call for qualification

To guarantee a fair trial interpreters must be qualified!• Qualified interpreters must be in command of all interpreting techniques

Consecutive interpreting Simultaneous (Whispering) Sight translation

• Specialised legal knowledge• Socio-cultural awareness• Professional ethics


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Options of training curricula

• B.A. Curriculum• M.A. Curriculum• Curriculum of Continuing Professional Development (CPD)


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B.A./M.A. programmes

Advantages• Widely accepted degrees• University trainers

→ Linguistic competence

→ Pedagogical experience• Guaranteed length of training (180 ECTS)• Government funding • European Transfer Credits


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B.A./M.A. programmes: It can be done!

German-speaking countries

B.A. Curriculum • Magdeburg-Stendal (limited range of languages)• Karl-Franzen Universität (limited range of languages)

M.A. Curriculum

Magdeburg-Stendal (limited range of languages)


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B.A./M.A. programmes for legal interpreting

Challenges • Longterm planning• Constant change of languages (due to migration fluxes)• Recruitment of trainers• Background of participants• Admission of students with varying backgrounds• Access to register of authorities/courts


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Problem areas

• Range of languages? Constant changes at short notice?• Background of participants?• Background of trainers? Linguistics, interpreting, specialised (legal)

knowledge?

→ complex demands


INTERNATIONAL SYMPOSIUM «Interpretation Practices and Oral Intercultural Communication», November 20th - 21 st, 2009 – ParisGertrud Hofer, ZHAW

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Wide range of languages

60s70s80s90sAfter 20002011

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Background of participants

• Migrants (first generation)• Bilinguals (second generation)

• Conference Interpreters• Translators• Legal Experts


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Background of trainers

• Experienced Conference Interpreters (train the trainers)• Legal Experts• Language Experts (tandem: Language experts and interpreters)


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Continuing Professional Development: Solving some of the Problems

• Magdeburg-Stendal (unlimited range of languages)• University of Hamburg (unlimited range of languages)

• Zurich University of Applied Sciences (unlimited range of languages)

Co-operation with Police, Prosecution, Court: Development of training programme (2 days)


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Practical questions arising from

• Trainers- language-independent courses?

- heterogeneity of participants?

- design of exercises?

- language competence?

- bidirectional interpreting?

• Legal experts (Providers/Trainers)- 10 golden rules for interpreters?- number of participants?- testing methods?

• Course participants- compatibility with practice at work?- too much theory taught by conference interpreters?

- note-taking practice?- course length vs. course outcome?


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Main points of discussion with legal experts

• Training target

• Training content

• Examinations → registration


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Training targets

• To reinforce background knowledge of law and legal procedure

• To improve understanding of interpreting process

• To further and fine-tune interpreting skills (language-independent)

→ Interdisciplinarity (legal strand/interpreting strand)

→ Introduction of professional standards for legal interpreters


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3 levels of training programmes

• Basic Course• Intermediate Course• Certificate of Advanced Studies (CAS)


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CPD Curriculum Level 1 - 3

Level 1: Basic Course

Special legal knowledge

introduction to criminal law and civil law

Interpreting

introduction to interpreting techniques consecutive interpreting (GE-GE) introduction to note-taking ethical principles professional conduct breathing and voice training


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Level 1: Exam

Special legal knowledge

71 questions (multiple choice)

Interpreting consecutive interpreting (GE-GE), 150 words

(newspaper articles with legal background) Questions on ethics, professional conduct

ECTS 1 (16 lessons + 16 hours of self-study + exam)


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Enforcing compulsory completion of Basic Course in Canton of Zurich

Provider’s side

• Representatives of Police, Prosecutor and Courts: Favourable opinion on training

• Emanation of programme: Top-down process of growing acceptance of need of training

• Other Cantons: Support of training

Interpreters’ side

• Reluctance on the part of «experienced» interpreters (fear of high standards of conference interpreters, aversion to theoretical parts)

• Interdisciplinary training framework was appreciated

• Overwhelming wish for registration of «new» interpreters after first training


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Outcomes of Basic Course

• Number of interpreters reduced from 1,000 legal interpreters (2003 – 2007) to 550

• Number of languages reduced from 120 to 80

• Registration by Advisory Panel following examination

Attainment of a minimal quality standard by means of selection

Participants who fail are temporarily or permanently struck off the register


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Promoting Quality management: Test after complaints

Clients of police, prosecution, courts report to the legal experts

Test of 1 hour

•Talk on a legal subject in both languages 20 minutes

•Consecutive interpreting (bidirectional): authentic texts (e. g. protocols, indictments, judgments)20 minutes

•Sight translation (2 versions) 20 minutes: authentic texts

•Results total 17recommended 1

partly recommended 4not recommended 9

special cases 3

Growing interest of clients in test


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Results of cooperation

Co-operation leads to

• higher awareness of all aspects of interpreting and translation

among all the stakeholders (interpreters, trainers, legal professionals)

• awareness of the need for common aims

• trust in another institution


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Level 2: Intermediate Course (60 lessons + self study)

Concept: consolidation of interpreting skills with all the subcompetencies

Programme for legal interpreters

Interpreting

consecutive interpreting GE/GE note-taking whispering interpreting sight translation ethics breathing techniques and voice training internet research techniques legal terminology Role plays with legal experts (tandem)


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Level 2: Oral examination

Interpreting

consecutive interpreting (GE/GE) 200 words sight translation 200 words (A – B) questions on ethics, professional conduct

ETCS3 (60 lessons + 30 hours self-study + admission exam for CAS)


Level 3: Certificate Course of Advanced Studies (150 lessons + self study)

Concept based on interdisciplinarity

•Special knowledge: Criminal Law, Civil Law, Aliens Law, Procedural Law etc.

•Interpreting skills (note-taking, consecutive interpreting GE/GE, whispering interpreting, sight translation, ethics, breathing techniques and voice training)

•Internet research techniques, written translation

•Oral exam interpreting (consecutive interpreting GE/GE, professional conduct, sight translation)

•Written exam: special knowledge, translation of a legal document (B language into A language); 70% of interpreters also translate

Programme for legal interpreters

25Eulita, Madrid, 15./16.3.2012Gertrud Hofer, ZHAW

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ModuleInterpreting

- Consolidation of interpreting skills- Consecutive translation (note-taking technique)- Sight translation- Whispering interpreting- role plays with legal experts (tandem)

Module Terminology/Research techniques

- Terminology- Drawing up glossaries- Research techniques

Module (Intercultural) Communication

- Voice training- Conducting negotiations

Module Translation Workshop

- Translation Theory- Guidelines- Translation Practice (legal translation, language-specific)


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Introduction- Introduction to legal interpreting

-Legal professions

Module Specialised Knowledge

-General law-Criminal law- Public law- Penal procedures law- Family law

-Alien law- Public welfare law


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Level 3: Oral and written examination

Interpreting

consecutive interpreting (GE/GE) 200 wordssight translation 200 words (A – B)questions on ethics, professional conduct

Specialised legal knowledge

20 questions and cases (open-ended)

Written translation

indictmentsummary penalty orderjudgment200 words (B-A)

ECTS 15 (160 lessons + 300 hours self-study + exam)


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Outcomes of Intermediate Course and Certificate Course of Advanced Studies

• Growing interest of participants

• Qualifying examinations (specifically mentioned in register)

Pass rates

48 % at Intermediate level (most of them practising legal interpreters)

77 % at Certificate level (international exchange of trainers)

Certificate mentioned in register of Panel at High Court of Canton of Zurich

Attainment of higher quality standards by means of training


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Conclusions

Weaknesses

• Wide range of languages is not covered (Somali, Tigrinya, Tamil)

• Bidirectional interpreting cannot be tested

• Heterogeneity of participants

• Need of samples of texts in various languages (sight translation) and (video-)taped data in as many languages as possible (interpreting practice)

Strengths

Professionalisation leads to

• Wider acknowledgement of guidelines for legal interpreters

• More detailed knowledge about legal interpreting as a professional activity

• Better understanding of the need for training programmes

• Better qualified interpreters even with less common languages


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Contributions of and for Eulita

• Accreditation system of Eulita for training programmes for continuing professional development

• Cooperation of training institutes and associations: short courses in interpreting and/or translations for specific languages/training for trainers?

• Cooperation of training institutes within the network of Eulita: establishing training programmes (MAS) for legal interpreting and translation

• Development of e-learning units (authentic data!)

• Collecting/contributing teaching materials for the website of Eulita

• Assistance of trainers from other countries (interpreters, linguists, leegal experts)


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Thank you for your attention!


Training Legal Interpreters and Translators in Response to the New Directive

Documents

parisgertrud hofer

legal interpreters

qualified interpreters

wide range of languageseulita

great expectations

fair trial interpreters

options of training

professional educationeulita