Accurate translation of legalese

Don’t we all hate legalese? Some see the practice of writing in legalese as an antiquated art, maintained alive only to keep the law firms in business, charging exorbitant fees to decode legal jargon. Some lawyers would agree that in modern times there is no real need for legalese and that plain language contracts ought to be the norm. Others argue that legalese is an essential tool that greatly increases the clarity of meaning in a contract. Whether you agree with the former or the latter opinion, it appears that at least for the foreseeable future, legalese is here to stay. Therefore, if you engage in legal matters, you’ll have no choice but to navigate the maze that is legalese.

The challenges of working with this complex language are compounded when the document to be prepared is in a foreign language. Most companies prefer the advice of their own legal staff over the unknown element of hiring a local firm in the overseas destination where they hope to do business, so instead of outsourcing the drawing up of a foreign language contract, they compile the document in English and have it translated.

A core mistake often made when translating contracts or other legal forms is to simply hire a run-of-the-mill document translation service as opposed to seeking out a firm that specializes in and has proven experience with legal translation. A successful legal translator not only needs to be adept in legalese in more than one language, but also needs to understand the potential consequences of misinterpreting portions of a legal document and therefore look at their task from a unique point of view that goes beyond simply modifying a document to read from one language into another. 

Whereas simple mistakes made in the translation of a non-legal document generally lead to fairly inconsequential penalties, simple mistakes in a contract can have dire financial implications. In fact, according to The Economist, 64% of Britain’s business leaders say that their company is suffering negative effects internationally simply due to language misinterpretations.


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