Legal Malpractice

Translation Legal Malpractice

By (Andrew Lavoott Bluestone)

Closely related to the prior article on immigration legal malpractice is this story of legal malpractice in translation.  While the attorney was held responsible only for failing to follow a specific court order, his mistake arises from failing to have a translator there.

"Bilingual attorneys are often tempted to provide foreign language translation and even courtroom translation and interpreting services for their non-English-speaking clients. But is it prudent? The following facts apply to this case example:

Prior to trial, an attorney was ordered to provide a Norwegian interpreter for any hearing at which language would be an issue. During trial, the attorney failed to provide an official Norwegian interpreter for his witness’s testimony. Instead, the attorney personally provided the interpretation of the testimony, along with all foreign language documents as the attorney himself had Norwegian language skills. However, the client later testified he felt confused about the court proceeding, a claim in which the malpractice suit was brought. "

Full post as published by New York Attorney Malpractice Blog on February 25, 2008 (boomark / email).