There are many reasons why companies and organizations may need to translate legal documents. Translating legal documents includes content such as contracts, corporate or government proposals, court transcripts, confidentiality agreements, laws, witness statements, regulations, wills and testaments, birth certificates, bank deposits, immigration documents, and notarized documents, among others.
Translating legal documents can seem daunting because accuracy and precision are paramount. And the stakes are high: errors or mistranslations in legal translation can have enormous financial, legal, and reputational repercussions. Here are five main points to consider when sending legal documents for translation.
1. Ensure the original legal documents have clear structure and organization
Legal matters are complex, but well-written legal documents are anything but. Instead, the language is clear and gets to the point, and the documents follow a logical structure. This will ensure all parties — those who speak the source language, the translator, and those who speak the target language — understand what the legal documents say.
A few specific things to look for within legal documents include short, simple sentences and the use of the active voice. In addition, ambiguous pronouns — that is, places where it is unclear who or what the pronoun refers to — invite questions in legal translation.
That said, it's not always possible to revise legal documents before sending them for translation. In those cases, it's important to review the text beforehand to identify where the source text may be ambiguous and where your legal translators may need additional clarification to produce accurate translations.
2. Seek advice from experts in legal translation
Translating legal documents requires specific expertise. Translator fluency in the source and target languages is not enough, and even companies with in-house translators often find that they need to hire outside help for legal translations. Legal translators should have a deep understanding of not just the relevant legal terminology and concepts but also the legal systems of the source and target audiences.
In addition to translator expertise, companies translating legal documents may also want to seek advice from lawyers in the target audience's location — and may even opt to have them review the translated document. Contacting professionals in the field can prove invaluable, especially when translating witness testimony, government-related documents like birth certificates, and specialized domains such as contracts and patents.
3. Be familiar with local terminology
It's important that someone on your team be familiar with your own country's legal systems, legal terminology, and rules concerning the subject matter of the document you need translated. That includes knowing when a term should not be translated or perhaps translated in a specific way.
Maintaining a glossary that defines terms within that document or domain ensures all involved in translating your legal documents are on the same page. In addition, particularly with larger or ongoing legal translation projects, a glossary, along with the use of translation memory, can help maintain consistency across translated documents and resources.
4. Understand how and where translated documents will be used
Companies sending legal documents for translation should understand how and where they will use the translated content once completed. Just as importantly, they should ensure the translation provider is aware of this, too.
This contextual information is essential because it can guide translation workflow decisions and help you determine which workflow best balances quality, cost, and speed. For example, some projects may be well-suited to an AI-powered machine translation and human editing workflow, while others may benefit from a human-only translation workflow.
It also helps the translator and reviewers tailor the translation appropriately. A document that will be presented to a judge and entered into a court record will read differently than a document intended to be read and understood by a layperson or non-legal professional.
5. QA translated documents
Translating legal documents should always be done accurately and should follow the particular writing style of the target language. The slightest mistake in legal translation could lead to a complicated or reversed legal process, making it unlike any other type of translation work.
Therefore, companies should seek legal translation services with robust quality assurance processes. ISO certifications can provide a starting point, as they indicate the provider has well-defined QA processes in place. Also ask how your provider measures translation quality and how often they conduct internal reviews.
Finally, your legal translators should have access to the latest translation tools — including customizable QA checks that confirm glossary adherence, terminological consistency, and tag consistency — to ensure accurate translation of legal language and maintain quality throughout the actual translation process.
6. Look to legal translation services
Many translation solution providers provide specialized legal translation services. Companies like Smartling can connect you with legal translators that are familiar with the legal systems and language required for translation of documents, from contracts to court transcripts. Not all legal translation services are created equal, so it's important to ask the right questions to vet your providers before partnering with them for legal translation.
For more on finding the right legal translation services for your needs, check out our free Complete Guide to Translation Services.