Legal contract translation is a highly specialized area where accuracy is not merely important but absolutely essential to preserve the integrity of legal documents. After all, even the smallest mistake or poorly chosen word could drastically change the terms of an agreement. Considering the high stakes involved, it’s worth exploring exactly how legal translators ensure the accuracy of their work – and when their services might be needed. Read on to find out more about this complex yet fascinating segment of the translation field.
How is legal translation different?
Most translation revolves around the notion of conveying the intended message from the source language into the target language. Of course, this is a simplified version of the task, and various other aspects need to be considered, such as tone, register and cultural connotations.
However, with legal translation, there is an added – and very important – component that can’t be overlooked. While legal and contract translation requires the same level of accuracy and linguistic knowledge as any other kind of translation, there must also be strict adherence to the legal terminology and conventions present in both the source and target languages.
This is down to the role of the legal translator, meaning their job is not merely about preserving linguistic integrity; it’s also essential for protecting the legal rights, commitments and obligations of all parties involved.
When are legal translation services required?
Legal translation services cover everything from the translation of a simple certificate to translating legal contracts for businesses, such as employment contracts or even international agreements that involve multiple parties and jurisdictions. Professional translators specializing in legal translations also handle documents and contracts relating to mergers or acquisitions, or regulatory documents and compliance manuals for international businesses.
Indeed, for businesses operating across international borders, contract translation services are crucial. With these types of contracts, the translator ensures an accurate translation but also guarantees that the documents remain legally binding in the target country, allowing business to run smoothly. This often requires an in-depth knowledge of several legal systems, which is why contract translation services are best handled by professionals with both proven legal and language expertise.
At Capital Linguists, some of our most sought-after legal translation services include:
- Power of attorney documents
- Wills and testaments
- Certified translation
- Employment contracts
- Sales contracts
- Litigation documents
- Regulatory compliance
- Arbitration documents
- Patents
- Intellectual property documents
- Business acquisition or merger contracts
…and many more!
What happens when laws don’t translate?
Some of the biggest challenges in legal translation arise when a law simply does not exist (or has a different meaning or purpose) in the country of the target language. While this situation may occur in other fields of translation, such as where a term doesn’t have a direct translation (we’ve all heard the example of the many terms used to describe “snow” in Inuit languages), it is usually possible to be creative.
For instance, within the field of literary translation, a linguist is often allowed greater artistic license to convey the original message. They may use a different analogy that has the same overall meaning but expresses it in an entirely different way. This is not an option in legal translation and generates challenges unique to the field.
Let’s take a look at some examples of laws unique to their country:
- In France, there is a law called “Droit de Suite”. When an artwork is sold on the secondary market, this law protects artists and ensures they receive a certain percentage of the resale price. There’s no direct equivalent in the United States, although a similar law exists in many European countries.
- In Finland, there’s a law called “Jokamiehenoikeus”, which directly translates as “Everyman’s Right”. Thanks to this particular law, citizens are able to freely roam the countryside, pick mushrooms or fruits and even camp there, without the landowner’s permission!
- In the United States, there’s a specific legal concept called the “Fair Use Doctrine”. This exists to allow copyrighted material to be used without seeking permission (in a limited way). Many other countries have much stricter copyright laws.
- In some states of India, there are laws called “Anti-Conversion Laws” which prevent or limit religious conversions. These laws seek to protect individuals from converting religion by coercion or fraud. In most Western countries, religious freedom is not a legal matter.
How do you ensure translated contracts are legally binding?
Several steps can be taken to ensure a translated contract remains legally binding. Any translation, legal or not, should be accurate and faithful to the original, but this is of particular significance in a legal context. To authenticate their accuracy, many legal translations require a certified or sworn translation.
This means the translated contract retains the same legal implications and obligations as the original. Sworn translators are authorized by the legal authorities and are able to certify the accuracy of the translation in relation to the original.
Another way to ensure the document translated remains legally binding is by adding a governing law clause. This essentially specifies which jurisdiction’s laws apply, should any dispute arise. It’s a crucial clause in international contracts and serves to avoid any potential issues or confusion.
Does changing the language change the legal system?
This is a tricky question, with a complex answer! Legal systems are established upon the language of a given country and usually date back many years – often to times when the legal and linguistic landscapes were vastly different. It’s important to have an awareness of these foundational elements to avoid potentially costly misunderstandings and mistranslations.
When the language of a legal contract is changed, the law can potentially also be altered with a wrongly chosen word. Some legal terms may lack an exact equivalent in other languages. This makes the job of a professional translator particularly challenging, as it is sometimes necessary to convey the same legal rights or obligations without a precise linguistic match. This arises most often in common law and civil law systems. These are strongly rooted in their legal vocabulary, so language and law are particularly intertwined.
That’s why legal translation is more than just translating individual words from the source to the target language. In law, one particular word can express a fundamental legal concept and have a specific function within its legal system. In legal and contract translation more than any other sector, a direct translation can fail to capture the precise function of a legal term. In a worst-case scenario, this can lead to a misapplication of the law. There’s a great deal on the line!
Working with an agency or professional translator
Having legal documents translated can feel like a daunting challenge. With so much at stake, handling two countries’ legal systems, decoding intricate legal jargon, and – crucially – ensuring the final translation remains legally binding, the whole process can seem overwhelming. That’s why it’s important to work with a translation agency or professional translator well-versed in both sets of languages as well as the necessary legal terminology.
While many translation agencies offer a range of general services, Capital Linguists boasts an impressive network of translators with significant legal expertise. This means we’re trusted by individuals, businesses and law firms alike, thanks to our longstanding reputation for precision and our expert handling of legal terminology. Plus, our dedicated project managers keep you up to date throughout the process.