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Legal Translation ? a Challenging Task in International Litigation

Legal translation is one of the most complicated translation field known. At its simplest level it means the translation of legal documents such as statutes, contracts and treaties from one language to another.

The human sphere is an immensely complex medium of communication comprising numerous languages, along with their regional, dialectical and technical variations. While dealing with international disputes involving different languages and legal systems, legal counselors and their clients cannot do without legal translation services. In such cases the translators have to be able to successfully bridge the divide of legal systems, as well as language and culture, in order to provide literate rather than literal translations.

Legal translation services definitely need specialist attention. This is due to the fact that law is culture-dependent and requires a translator with an excellent understanding of both the source and target cultures.

But it is not enough to be efficient in the culture and language of the source and target texts. A competent legal translator also needs to have a sound knowledge of legal issues and other specific technical know-how related to the field of law.

The majority of agencies dealing in translation services would only ever use professional legal translator to undertake such a job. This is because there is no real margin for error. The mistranslation of a passage in a contract could lead to disastrous outcome.

When translating a text within the field of law, the translator should keep the following in mind.

The legal system of the source text is structured in a way that suits that culture and this is reflected in the legal language. Similarly, the target text is to be read by someone who is familiar with another legal system and its language.

In addition to the cultural, linguistic, and terminological problems that all technical translators have to deal with, the legal translator is faced with specific challenges, which makes this job interesting, but also particularly demanding.

The challenge chiefly stems from the fact that often no target equivalent terms are found for legal jargons or concepts in the source text. For example, legal institutions, judicial systems, and courtroom procedures often vary considerably from one country to the other. In particular, the legal translator must be aware of terms that are similar in the source and target language, but hold a different meaning in both languages.

The legal translator should also be efficient as a general technical translator, as the papers he or she is assigned to translate often relates to a specific technical subject matter (e.g. patent litigations, medical malpractice lawsuits, court expert reports).

A miscellaneous mixture of documents pertaining to international law, family law, labor law, antitrust and trade regulations, immigration law, consumer protection, intellectual property, employer and employee rights, business issues, medical malpractice, bankruptcy matters, etc. comes under the purview of legal translation services.

Hence a professional legal translator ought to be a linguist, a legal scholar and a detective, all packed into one, willing and able to search out and define legal concepts expressed in the source language of a document that may not even have an equivalent in the language or legal system of the target text.

Armando Riquier partipates in Tectrad's quality control team as a freelance expert translator and writer. The Tectrad group is composed of a number of agencies providing high quality translation work in the area of finance, legal, business and technical writings. Use their professional specialized translation services available at http://www.101businesstranslation.com to expand your company's global reach.

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