In order
to protect the client's rights, and communicate effectively
between lawyer and client, it is critical to obtain the
assistance of a competent interpreter solely dedicated to
translating between attorney and client. Make sure the interpreter
speaks the same language and dialect as the client, that
the interpreter is competent, and that the client can affirmatively
understand the interpreter.FN258
The first
task is to determine whether a client who does not speak
English well, or who speaks English as a second language,
needs the assistance of an interpreter. Counsel should ask
the client whether the client would like an interpreter,
but also independently determine whether communication would
be enhanced. Counsel should err on the side of caution,
recognizing that clients who may have the ability to understand
and communicate English on a daily level, may not be able
to understand the far more difficult English used in the
legal context.
Counsel
must also carefully select a qualified and neutral interpreter.
Potentially biased individuals such as family members or
friends should not be used.FN259
If there is a certification process in the jurisdiction,
it should be easy to obtain a listing of minimally qualified
interpreters.FN260
Other sources include telephonic language line services,FN261
or internet listings of regional and national interpreter
organizations.FN262
Counsel
must ensure that the interpreter speaks the same language
and dialect as the defendant, not just a similar one. Even
a minor difference in a dialect can render a translation
unreliable. Be alert to signs that the client does not understand
what is going on. Interruptions to consult with counsel,
statements that the defendant did not understand something,
inappropriate responses to questions, and grammatical errors
in statements made by the defendant may all provide evidence
that the defendant in fact did not understand something,
thus demonstrating that an interpreter (or a different interpreter)
may be required.
