The term “breach” is used in a variety of ways in English but we are concerned here with its use in a legal context. That does not, however, narrow down the topic of this article. Law is essentially an umbrella term for many different fields of expertise. When we talk of a breach of a law, everyone has an idea that the content of that law, namely its provisions, whether prohibitions or requirements, has been ignored deliberately, carelessly, unwittingly or accidentally without carelessness.

There are several other terms that are used interchangeably in a legal context, and less formally, that mean breach although their use is context specific. For instance, a violation implies a more intentional defiance of a law or of others’ rights, whereas infringement can mean a breach of a given rule or agreement, but it can also mean an encroachment or trespass, in other words, exceeding normal boundaries.

So, when the word “breach” appears, the context must be fully considered and analysed to ensure its correct translation into another language. Therefore,  before he or she can even consider other language equivalents, the translator must have a full understanding of the context and specific field of law in which the term is used and the precise meaning of the term in that particular text. Then comes the task of researching other language options and ensuring the selected term is indeed the most accurate equivalent to the particular field, context and document.

The preceding paragraph in particular highlights aspects of the translation process that many people fail to consider and that many fail to understand. Research is an absolute necessity when translating any subject matter and is vitally important in the field of legal translation. A serious legal translator must have some level of qualification or training in law to be competent to translate important documents and anyone who has studied law to degree level, as many legal translators have, knows that research is key to the successful outcome of any task involving legal matters.

Sadly, these skills and components of the translation process are disregarded by many people who are often blinded by antiquated stereotypes of what a translator’s job entails. Of course, legal translation services, whether provided by a company with quality assurance processes or by a careful freelancer, never merit the fees claimed by experienced lawyers because quite simply, legal translators mostly are not experienced lawyers. Nonetheless, the level of knowledge, time and effort involved in translating for the legal field is generally the same.

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