THE IMPORTANCE OF INTERPRETERS AT DEPOSITIONS

From the court reporter’s standpoint, when a potential witness does not speak English as his first language or when he is difficult to understand, it would be wise to consider having an interpreter present at his deposition. 

When an interpreter does his job correctly, the deposition will proceed smoothly, unimpeded, and the final transcript will be readable, understandable, and useful.

Regardless of the reporter’s technical skills, more often than not she will enter the deposition room with no prior knowledge of the matter at hand.  If the reporter has to struggle to understand what the witness is saying, and having no history of the case as a frame of reference, it will be difficult, and sometimes impossible, to decipher the answers being given.  This is a scenario that can lead to misinterpretation and error.

The skills required of an interpreter at a deposition involve more than just language fluency.  He must interpret accurately and completely, switching gears from one language to the other with ease, interpreting in a verbatim manner the question to the witness, the answer to the questioner, and any colloquy.  This means speaking in the first person, not the third person, avoiding language such as “he’s asking you” or “she said.”  The interpreter must act professionally, remain impartial, avoid any conflict of interest, and of course he must hold his duties in strict confidence.  An interpreter who specializes in legal proceedings knows all of this and is prepared to meet your standards.

Please call Doris O. Wong Associates, Inc., when you need a qualified interpreter.  We can refer you to experienced interpreters in all languages who will make your experience a positive one.

Speed Kills

One of the greatest challenges facing court reporters, novice and veteran alike, is fast-talking witnesses and lawyers.  Speed instantly ratchets up the level of difficulty.  Believe it or not, reporting the testimony of a slow-speaking neurosurgeon can be easier than that of a fast-speaking lay witness. 

When one speaks at breakneck speed, clarity suffers.  Words can be misheard.  “September” sounds like “December.”   Little words such as “in” or “and” are difficult to hear.  Tenses become unclear.  It is hard to distinguish between “said” and “says,” “can” and “can’t,” and “did” and “didn’t,” especially when those words appear at the beginning of a question.  “Didn’t she say she killed her husband?” has a different meaning than “Did she say she killed her husband?”   Reporters also punctuate on the fly which becomes more difficult when the speaker is speaking so fast that his sentences seem to run together.

But speed is just one element.  If a speaker’s voice barely registers above a whisper, if he has an accent, if the testimony is technical in nature, or if there are other competing background noises, such as a noisy air conditioner or ongoing construction, the reporter will have a difficult time. 

Reporters ask lawyers and witnesses to slow down all the time, but it is difficult for a speaker to change his natural speaking pattern.  Some will make an earnest effort but will be unable to keep it up for long.

As reporters, our main goal is to make a verbatim record and to be as unobtrusive as possible, but there are times when an interruption is necessary.  If the reporter does not understand you because of excessive speaking speed, chances are the judge and jury won’t understand you either.  So when a reporter asks for your cooperation in making a clear record, be assured that there’s a good reason.