A Lawyer's Guide to Cross-Cultural Depositions
Copyright © 2003 by Nina Ivanichvili, CEO, All Language Alliance, Inc.
Use Interpreter if English is Limited
When deponents speak some English, but are not fluent, it is not advisable to have them testify in English. Some attorneys are tempted to have an interpreter present, but to let deponents with limited English testify in English when they understand the question and then use the interpreter only when the deponents do not understand what is being asked.
On the whole, it is better to have an interpreter deliver all questions to such deponents and to have deponents provide all answers in their native tongue. Deponents with limited knowledge of the language can become confused if they are not certain of the meaning of questions. The deponents might start guessing or mixing English words with foreign words during the testimony, which would make it difficult for the court reporter to produce an accurate record.
Plan Ahead for Specialty Area Interpreter
In addition to being linguists, some translators and interpreters are professionally qualified in various disciplines such as aerospace, biochemistry, computer science, electrical engineering, electronics, finance, law, mechanical engineering, medicine, pharmaceuticals, physics, and telecommunications. In a complex civil case involving technical specialty areas, the lawyer who will be taking the deposition may want to select an interpreter with expertise in the relevant discipline.
Sometimes, translation companies may have such experts available locally. In other cases, an expert interpreter may have to be brought in from another state. Thus, if the case involves a specialty area, it is advisable to start looking for an interpreter well in advance of the deposition. Scheduling is only one aspect of careful deposition planning. To allow the interpreter to prepare properly, counsel should provide him or her with a copy of the complaint and other key pleadings, documents, or exhibits. By way of example, in a patent case, counsel should provide the interpreter with copies of the patents in controversy. In a product liability case, if the product catalog will be an exhibit, counsel should give a copy to the interpreter.
