Legal translation tends to be the most challenging form of translation. Similar to how legal translations play a crucial role in protecting intellectual property as discussed in our last blog: The Role of Legal Translations in Protecting Intellectual Property, they also play a pivotal role in court cases. Minor mistakes can lead to serious consequences such as court rulings being affected, proceedings being delayed, and the outcomes of the cases being altered. Legal translations do not just require translation but also ensure the legal context is conveyed clearly along with the content and intent of the text being maintained.
Various errors can be made during these legal translations that can impact court cases. In this blog, we will explore how these errors can directly affect legal cases and why accuracy and precision are non-negotiable regarding legal translations.
Legal Terms being Misinterpreted
Legal terminology is complex and can only be fully understood by legal professionals. Hence, a translator who is not fully capable of understanding complex legal terminology in both the source and the target languages may end up mistranslating, leading to serious consequences.
For instance, in contract law, the term ‘’consideration’’ may contain a specific meaning in one country while it may have another meaning in another country but if it is translated inaccurately, it could lead to serious consequences such as a misunderstanding in the contract between the parties involved. This may lead to the other party having an edge to exploit you and even may lead to nullification of agreements.
When court is taken into consideration, an inaccurately translated legal term could lead to confusion, misrepresentation of the facts, or even lead the judge and jury to the wrong conclusions.
Inaccurate Translation of Witness Testimonies
Witness testimonies play a crucial role when we talk about the case’s outcome. Mistakes like inaccurate translations can affect the outcome of the entire case. Translators are required to ensure precise and accurate translations while capturing the context of what is being said as one mistake can lead to a completely different meaning from the witness’s statement hence, leading to dire consequences in the case.
To understand through an example, imagine a case where a witness is describing a suspect’s actions. A minor mistranslation of whether the suspect was “running away” versus “walking away” from a crime scene could shift the balance in an entire case. If these subtle differences are not captured accurately, they could lead to unfair convictions, therefore, impacting innocent people.
Compromised Contracts and Agreements
Legal contracts are binding documents hence, their words hold legal importance. Therefore, their exact words are important to avoid misunderstandings and ensure legal compliance. Any legal error in the translation of these terms, clauses, or conditions can lead to a contract being declared void, therefore, leading the contract to be compromised.
Mistranslating critical terms could lead to legal disputes that could otherwise have been avoided. These translation errors might result in financial penalties, broken deals, or legal cases that could be dragged on for years.
Legal Proceedings being Delayed
Legal cases are most of the time already delayed but translation errors can lead to costly delays. If an important and complex document has been mistranslated, it may need to be retranslated, reviewed, and refiled hence, leading to halted proceedings and postponing court dates further.
Delays like this are frustrating not only for lawyers but also for clients who may be seeking justice. They also lead to more legal fees and further emotional strain on the clients. Additionally, they can lead to the outcomes of the cases being affected.
Cultural Differences and Miscommunication
Legal translations do not only require knowledge of the law but also the cultural differences entailed hence, legal translators must possess the knowledge and understanding of both. Different cultures have different legal systems and different cultural contexts, therefore, resulting in even more complex legal translations thus, allowing errors to be made easily.
Legal translators, therefore, must have keen attention to detail to avoid such errors. Certain legal concepts, such as the idea of “collective responsibility”, may be interpreted differently in different cultures. A translator who is incapable of accounting for these cultural differences may allow room for confusion or fail to convey the graveness of a legal statement.
Risk of Appeals and Retrials
If a legal translation error is found after a case’s decision has already been made, there can be appeals or retrials for that particular case. For instance, if there was a critical point in the case that was mistranslated but played a crucial role in the final ruling of the court, the losing party will have the right to appeal the case which can further lead to legal proceedings and additional financial costs.
Impact on International Court Cases
Where documents and contracts have to be translated across various languages in international legal cases, legal translation errors become even more critical. Therefore, this makes it even more risky for any legal translation errors to be neglected as these could lead to serious consequences in diplomatic ties.
Given the complexity of international law and the varying legal frameworks in different countries, translations must be not only linguistically correct but legally sound as well.
Why You Should Trust TransLinguist for Your Legal Translations?
Legal translation errors are not something you should neglect. Whether it is a court document, a legal contract, or a testimony, a slight mistake in translation can lead to consequential outcomes. In light of the above, skilled and certified legal translators are important to work with who possess a sound knowledge and understanding of both the language and the legal industry.
At TransLinguist, we specialize in high-precision legal translations. Our certified expert translators have a deep understanding of legal terminology, court processes, and cultural nuances and thus, ensure that your translations are accurate and reliable at every time. Whether you are handling a contract, legal testimony, or any other document, we are here to help you avoid costly mistakes and ensure a smooth legal process for you.
Reach out to our team today to learn how we can help you with your legal translation needs.
