Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Bilingual Trials

By Javier A. Lopez and Maia Aron
August 01, 2016

With the growth in international commerce and diversity of the United States population, general counsel are increasingly finding themselves dealing with bilingual trials. Perhaps the company witnesses speak only English, while the opponent witnesses speak only Spanish; it's likely that a significant percentage of the documents produced are in another language; and the case is litigated in the United States, so depositions and trials must be conducted in English.

In these situations, it is critical that general counsel work with outside attorneys experienced with conducting bilingual trials, along with all the difficulties and challenges these types of trials present. Here's some advice for general counsel who are working with outside counsel to win a bilingual trial.

1. Never underestimate the importance of having an attorney on your trial team who speaks the language. There is no substitute for having an attorney on your trial team who speaks the language. That attorney must have full command of the syntax and must be able to communicate with the clients directly ' both before and during trial. Just as important is for that attorney to understand the opposing party's cultural and linguistic idiosyncrasies. This attorney can also help to:

  • Check whether the interpreter is translating correctly ' both documents and at depositions before and at trial. Many attorneys might overlook the importance of a relationship with your interpreter for trial. Tone, cadence, and accuracy are critical and can determine the outcome.
  • Translate documents: Having a certified interpreter translate documents is an expensive endeavor. You may want to consider working out an arrangement with opposing counsel where attorneys for each side translate documents, turn them to the other side for review, and attempt to negotiate translation disagreements. If disagreements persist, then an interpreter can translate the documents. This arrangement can save your company thousands of dollars.
  • Review documents in the foreign language: the attorney can review all documents and decide which documents to translate for use at depositions and trial.

The more attorneys on your team that speak the language, the more efficient and cost-effective your team will be.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Cost of Making Partner Image

Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.