The Oklahoma Bar Journal January 2024

To hire an interpreter, simply navigate to the desired list, find the target language needed, and then use the personal contact information to reach out to interpreters directly, as they work as freelancers and not directly for the court system.

likely sympathetic to the inter preter and their challenging job. It is poor practice to call the inter preter out on their first perceived error. Second, speaking directly to the interpreter and asking them to verify opens a line of uncontrolled communication between the inter preter and the witness. By inviting the interpreter to converse with the witness, you risk losing control of what is said and how it is said. Finally, the judge may chal lenge your request to speak to the interpreter, so you must be posi tive that the error occurred (either by having personal knowledge of the language or by having another interpreter sitting with you to alert you to inaccuracies). In rare circumstances when interpretation errors continue and cannot be con trolled by the first two strategies, asking the interpreter for verifica tion may be your best move.

or miscommunications during live interpretation, starting with the most positive and effective solutions. Craft Questions to Prevent Errors Most errors can be prevented by asking well-crafted questions that leave no room for confusion or miscommunication. The easiest ways to do this are to 1) eliminate pronouns, 2) keep questions as short as possible and 3) use the simplest, most direct language possible. Much interpretation con fusion is caused by long-winded questions peppered with 25-cent words when simple sentences work best. Don’t : “Had you two ever encountered those law enforcement officials previously?” Do : “Had you or your hus band ever met those police officers before the car crash?” Even Better : Ask the “Do” question above twice – once about the witness and once about her husband.

Rephrase the Question If it seems your witness didn’t quite understand the translated question, try again using differ ent and more direct language. Similarly, if you’re not sure the interpreter translated correctly, use different, simple words to ask the same question and verify the answer. Use the simplest, most straightforward words possible. A basic rephrasing of the question often remedies any confusion. seems to be a reoccurring issue, you may (with the judge’s permis sion) ask the interpreter directly to clarify the witness’s answer. This should never be the first solution when you suspect an error, but it can be helpful after you’ve tried the solutions above. Why should you not employ this solution right away? There are several reasons. First, it calls into question the interpreter’s ability and performance, which can alienate your interpreter, as well as the judge and jury, who are Ask the Interpreter for Verification If incorrect interpretation

Example : You believe the witness stated it was the

morning of March 6, but the interpreter said, “the mid dle of the night of March 6.”

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

JANUARY 2024 | 19

THE OKLAHOMA BAR JOURNAL