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HomeResourcesJapanese Translation BulletinNo. 12: Shooting Your Deposition in Its Interpreter: The Dangers of Not Providing Sufficient Reference Materials to Your Interpreter Japanese Translation Bulletin No. 12 (May 1, 2010) Shooting Your Deposition in Its Interpreter: The Dangers of Not Providing Sufficient Reference Materials to Your Interpreter We go through virtually the same sequence of events for almost every deposition interpreting assignment we accept. The client gives us the location and dates for interpreting services and then we ask for reference materials. What follows can greatly affect the quality of interpreting services. Just What is Useful? Certainly any interpreter charged with the responsibility of interpreting in a deposition of a Japanese witness needs to be able to understand the case for which the depositions are being taken. The following items represent the bare minimum reference material package for the interpreter. Complaint We can obtain the complaint ourselves if we have the case number, although this is a bit easier in cases in Federal district courts than in ITC cases. In either case, this is an item that the law firm should provide to the interpreter as early as possible, since it will have the names of entities involved in the case. Deposition Notice In the case of a 30(b)6 deposition, this will include information on the scope of the subject matter for witness examination, something that is very helpful for the interpreter to know ahead of time. Planned or Expected Deposition Exhibits For the taking side, it will usually be relatively clear which documents will be given to deponents during depositions. Even for the defending side, there are usually a number of documents which defending counsel expects will be placed in front of the witness. In either case, access to those documents is usual very helpful to the interpreter, be it the lead interpreter or the defending-side (check) interpreter. The Importance of Japanese-Language Documents Since most attorneys in need of Japanese/English interpreting services naturally cannot read Japanese, it is easy to forget that the interpreter does read Japanese and would be greatly aided by seeing Japanese discovery documents before they are marked as exhibits during a deposition, for several reasons. Pre-deposition access to Japanese discovery documents helps the interpreter develop a terminology glossary for use in prepping for the assignment. Japanese discovery documents provide the interpreter with background information such as the names of entities and persons that might be encountered during the depositions. Documents During the Deposition When a Japanese document is presented to a witness in a deposition, the interpreter should be given a copy of the document. This is something that needs to be taken care of before the deposition, by making enough copies of the exhibits. It is absolute folly for a monolingual attorney, who cannot read the Japanese document, to think that the interpreter does not need the document. The reasons are simple. The witness often reads from such documents, either voluntarily or in response to questions, and those documents often provide valuable clues as to the background of the questioning, something that can greatly improve the quality of interpreting, or at least prevent problems caused by the interpreter being the only person in the deposition room without knowledge of the background. Still, there are attorneys who feel that interpreters are automaton to be fed one language and spit out another language. Some of these attorneys ultimately realize the seriousness of this misunderstanding. Pre-Deposition Witness Preparation Meetings The interpreter working for the defending side in a deposition can often obtain some of the materials noted above while acting as an interpreter during witness preparation. But I have actually encountered cases in which attorneys were reluctant to provide--or did not understand the importance of providing--these very basic minimum reference materials. Watching your opponent's lead interpreter flounder in coming up with the right terminology might be emotionally satisfying, but it should be remembered that this also places a burden on the checking interpreter, and the checking interpreter needs to be at least at up-to-speed as the lead interpreter regarding the subject matter and particulars of the case for which interpreting is being done. An increased awareness of the above can go a long way to assuring the best possible interpreting services before and during depositions, and I strongly advise attorneys needing Japanese interpreting services to rethink their approaches to providing the pre-deposition assistance to their interpreters that can be the key to obtaining the best possible interpreting when it counts, in deposition room, regardless of on which side of the deposition the interpreter will be working.

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