 Turning legal jargon into what it means in Spanish |
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Introduction The translation of a legal document is not always an easy task. We have seen too many problems that resulted out of a poorly drafted agreement because its translation work was not accurate enough. Take for instance the most commonly used word shall. Although it is generally used in contracts to state a command, some people have relied on its interpretation to argue that it was rather a permissive term: to grant a right and not to impose an obligation. If this word poses problems to the general English-speaking lawyer, imagine what it could do to the average translator. Take another example: the word consideration. In the world of contracts, consideration is recognized as something of value that motivates the formation of an agreement. It is what we lawyers would call in Latin using legal jargon: the quid pro quo. In Spanish language, the most accurate literal translation of such word, referred to as consideración, can be used to express what the ordinary meaning of the word consideration has to offer: facts or things taken into account. But all of us in the legal field know that that is not the correct way to express consideration in a contract. The legal term consideration is recognized in most civil law tradition jurisdictions as prestación, or its plural prestaciones. This word and its meaning would be the most accurate one to be used when drafting an agreement. But again, this is a word that only lawyers know and therefore only lawyers use, not your average translator. |
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The Problem These situations are common because the legal language is not your ordinary language. It could be very well said that the legal industry has a language of its own: the legal jargon, the legalese, etc. While it is difficult enough for a lawyer to understand the traditional and formalistic way of drafting legal documents, it could be almost impossible for the common person to read or understand them. This poses many problems to translators. Not only do they have to know this legal world and be a part of it to understand its special language -both in English and in Spanish-, but they've got to have the legal criteria to understand what their intended audience is expecting and what problems might arise if such expectations are not met. It takes much more than literal translation, much more than interpretation. For this reason, a true and correct translation of a legal document can only be achieved when you have the necessary tools to successfully cope with this difficult process of: 1) UNDERSTANDING, and 2) COMMUNICATING.
At Hernández, Mérigo & Hurtado S.C., we have gathered a highly qualified group of people to give us the best approach to these specific translations and its common problems. This is the result of HMH Legal Translations, a most innovative and independent department within our firm comprised of knowledgeable lawyers and experienced certified translators -accredited by the Superior Court for the State of Baja California-. It is our team effort that has allowed us to deliver this unrivaled top-quality service in legal translations, but still cost-effective. Perhaps our greatest asset is our ability to include Mexican attorneys who can truly and fully understand a legal message in English. This is only made possible thanks to the bicultural group of lawyers that comprise our team. Our professionals have always been exposed to the international practice of law, dealing mostly with US and other foreign clients either conducting business with Mexican parties or having litigation in Mexico. It is for this reason that we are able to fully understand the legal English, or legalese. It is what we do.
Whether you are translating a contract or any type of agreement, you want to reinforce that every clause is clearly defined and understood by both parties so that it will stand in court. If you are translating a judgment or resolution to be enforced or presented as evidence in a Mexican court, you want to make sure it conforms with the language and usages generally recognized by such intended authorities. Again, if you're planning to deliver your marketing or informational message through an article or a web page to those in the legal field, or those potentially looking for legal advise, you want to reassure that someone with good writing skills in the intended tongue delivers your true message. If you have any of these needs and want to be confident with excellent results in the long run please contact us. We will be more than happy to help you succeed in your business or project by relieving you of the problems that the communication barrier of legal language poses.
Sincerely yours, Raul
Mérigo
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