July 4, 2022 / Legal Translation
Translation has been practiced ever since the invention of writing. However, it wasn’t until a few years ago that it was given enough recognition to become a degree program. To this day, there is a great deal of misinformation surrounding this field, as translation is often confused with interpretation, or people simply don’t know enough about the tasks and challenges faced by translators. On this occasion, we set out to address the biggest myths about translation. For example, there is the belief that all translations are the same (in terms of quality); that being bilingual makes you a translation professional; and that computer-assisted translation is the same as human translation.
First and foremost, it is extremely important to note that all translators have different levels of training, specialization, and workflows, and as a result, certain aspects—such as pricing—may vary. As in all fields of expertise, quality and professionalism have value, and not necessarily in monetary terms.
When we talk about quality—especially in specialized fields of translation such as legal translation—we are also referring to the responsibility that translators accept when working with documents whose purpose, in addition to faithfully conveying the message of the source text, has legal implications, and whose interpretation is complex and should not be entrusted to a machine or a layperson.
On the other hand, translation goes beyond having an excellent command of the source language, as it is also essential to master the target language, which requires ongoing training and staying up to date with changes and developments in the language. Let’s remember that being native speakers does not make us experts in the language we speak, and similarly, because languages are in a constant state of change, the programming machines receive regarding spelling rules, writing conventions, etc., does not give them the ability to interpret a text.
Let’s keep in mind that this isn’t just basic communication where the only thing that matters is knowing how to ask for directions; professional and specialized translation goes far beyond that. When we talk about professionalism, we’re referring to terminology, writing style, and even aspects such as document layout. All of this preparation takes time, a passion for the profession, and a strong commitment.
For example, a term that might seem so easy to translate that one probably wouldn’t consider it necessary to look it up further or in a dictionary is“agreement.” This is one of the most common terms in legal texts, but let’s consider how we would translate it. Its equivalent could be “contract” or “agreement,” but what determines whether one option or the other is chosen? It depends on the interpretation of the rest of the document. Both terms have their own characteristics. In other words, a contract is a convention, but the term is used differently because they serve different functions. Contracts are legal instruments that create and transfer rights and obligations, while conventions also modify and terminate them. This illustrates and explains the importance of choosing one term over another, as well as the importance of hiring a professional in the field, with a focus on quality.
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