You likely already know that a contract is a legally-binding document that outlines agreement terms between two participants. A contract translation is unlike any other kind of translation; it requires expertise in the legal language and concepts used in both the source and target languages. For this reason, it is typically performed by specialized native-speaker legal translators.
These legal agreement translation experts are skilled researchers, proficient in the source and target language, and familiar with legal structures, legalese, regulations, laws, and national and international updates. They must also have experience translating legal documents, be unbiased, and know and comply with contract translation best practices.
You likely already know that a contract is a legally-binding document that outlines agreement terms between two participants. A contract translation is unlike any other kind of translation; it requires expertise in the legal language and concepts used in both the source and target languages. For this reason, it is typically performed by specialized native-speaker legal translators.
These legal agreement translation experts are skilled researchers, proficient in the source and target language, and familiar with legal structures, legalese, regulations, laws, and national and international updates. They must also have experience translating legal documents, be unbiased, and know and comply with contract translation best practices.
The Role of Contract Translation in Ensuring Legal Accuracy
Contract translation is the process of converting a legally-binding agreement into a second language (or more) for use between multiple parties who speak different languages. Contracts should protect all parties involved and ensure each meets their obligations and the agreement’s requirements, with real consequences for non-compliance. They may define the terms of sales, purchases, licensing, employment, construction, contracts of carriage, non-disclosure agreements, or commercial or residential leases, to name a few.
All contracts contain standard or formulaic language, often case-specific, which gives each document its form. This “wooden” language is characterized by passive voice and long sentences with particular punctuation. As such, professional legal translators need more than linguistic skills and legal-sector knowledge. They must also know the target audience’s or region’s legal regulations and unique terminology, and they must be obsessively detail-oriented. A comma in the wrong position could be disastrous.
Precise translation of legal terminology and contract details are vital, as is the formatting, in order to comply with regional legal requirements. Translators must be familiar with recent legislative updates and comfortable working within the rigid and inflexible boundaries of legal documents. The strict translation deadlines demanded in the legal sector are typically challenging and non-extendable.
Due to the sensitive nature of legal communications and documents, and the potential for negative consequences from errors and misinterpretations, contract translation, precision, and timeliness are critical. Even minor mistakes can cause delays, additional expenses, lost opportunities, and at worst, damaging liability.
Given the expert nature of legal agreement translations, you can expect them to require more effort than regular translation services.
Legal Contract and Agreement Translation: What to Expect?
You may be wondering, what does an accurate legal translation look like?
An accurate legal translation is one that stays true to the meaning of the original text, down to the most minute details, without creating any new meaning or inferences in the translated version. It utilizes the translator’s in-depth knowledge of legal terminology to portray the full intent and purpose of the original document in a way that the courts can fluidly understand. It follows the style, syntax, and level of formality expected by that jurisdiction’s legal professionals.
This type of translation must conform to strict style and form requirements, with particular attention to language, vocabulary, and regulations. Following legal translation best practices is recommended for high-quality, precise, and compliant outcomes.
Best Practices for Translating Contracts and Agreements: A Comprehensive Checklist
Here is a checklist of dos and don’ts to help you navigate the legal contract translation process to deliver outcomes of a superior standard. Let’s start with:
Work with Legal Contract Translation Experts.
The American Bar Association recommends working with legal translation experts with specialized expertise. Rely on professional contract translation specialists for strategic and high-profile legal documents and contracts. Knowing that your contract translations are precise and accurate will help reduce stress and time spent fixing mistakes. Ensure you choose a vendor who embodies your strategic values and goals.
Working with a reputable translation agency removes risk, liability, and headache from the process. Their role is to source, screen, and supervise the right translators for your legal documents. They take the guess work out of trying to pick the “right” translator for the job, and in case of emergency, such as an accident or illness, they do the work to make sure the translation still gets done on time by another legal-translation expert. A good agency works around the clock to manage large volumes of files on tight schedules, so you can rest easy knowing that your last-minute filing deadlines will be met.
We don’t recommend translating these materials yourself or using automated translation tools, which tend to offer overly literal, non-nuanced, and often inaccurate results. As advanced as AI-supported translation technology is, it does not have the knowledge, insight, discipline, or sensitivity to deliver translations to an expected legal standard. Wholly automated conversions often result in unintelligible translations and incorrect syntax.
Verify Your Translation Service Quality.
Ensure your chosen translation provider can demonstrate a strong understanding and implementation of legal terminology, phrasing, and sentence structure in the target language. Any provider worth your time will be willing to provide a small test translation, around one page in length, to prove their competence before you trust them with larger volumes of documents.
Ensure a Review by a Legal Expert.
Since a single word out of place can change the meaning of an entire clause, it is imperative to make sure that your translations are as accurate as possible. A thorough proofreading of the text is the best way to go about this. Request that your translated contracts and other legal documents are compared against their original versions and thoroughly edited by an additional, expert legal translator.
Ensure Accuracy and End-User Consideration.
Without precision and accuracy, your legal contract translation may present a minefield of possible errors in meaning and format. Your translator should know and cater to the legal contract’s target users and how they will use the document.
Consider getting a second opinion on the work performed by a new translation provider by having a lawyer from the relevant jurisdiction review it. If you are working with a translation agency, giving them that feedback will help them make the best staffing decisions when managing your translation projects.
Understand Your Needs for Certified Translations or Certifications.
Some courts require translations to be certified. In some cases, they may require a simple “certified translation,” which means that the translation includes a notarized affidavit that states the translator’s identifying information, and that they are a credentialed professional translator, along with a sworn statement that the translation is authentic and accurate.
Other courts may require specific kinds of certification, such as “ATA-certified translation,” which necessitates that the translator be officially certified by the ATA (the American Translators Association).
Source a team that knows the differences between different kinds of certifications. If you work with Prismatic Translation, we will make sure your translations are properly certified and formatted as required.
Prioritize Confidentiality and Data Security.
While all translation content is confidential, this feature is indispensable for legal contract translations. While poor-quality translations may result in costly legal ramifications, the accidental leak of sensitive information is equally expensive. It damages the revenue and reputation of vendors and clients. Review your vendor’s security and non-disclosure policies, procedures, technology, and certifications to make a confident decision. Be wary of anyone who seems like they may play fast and loose with your confidential data.
Reputable translators and agencies implement strict security protocols and use up-to-date encryption techniques to protect your information from disclosure or third-party interference. The right provider will be transparent about their security measures and comfortably sign confidentiality non-disclosure agreements. Ideally, they should employ SSL encryption on their domain name. It is also preferable that they use some method of secure file transfer, such as FTP or expiring download links, rather than sending sensitive files via email attachments.
Look for a provider with robust data security controls in place who will handle your data with the level of care it deserves.
Establish Open and Effective Communication Channels During the Translation Process.
A vital element of quality legal contract translation is the quality of the translator-client relationship. Open, regular, timely vendor-client communication is central to this interaction’s success. An essential part is open and honest clarification of any questions or ambiguities encountered during the process.
Additionally, choosing an agency you can partner with that relies on state-of-the-art translation project management tools, such as an automated translation management system (TMS), helps streamline tasks, workflows, and relationships. A reputable agency with ample experience in legal translation will also be able to effectively field and manage any issues that may come up in the course of translation.
Final Thoughts
For many reasons, partnering with a translation provider offering best practice-based contract translation services is invaluable. A thorough, quality-assured process ensures clarity, accuracy, legal effectiveness, and risk mitigation. Best practices include ensuring legal compliance, preserving meaning and intent, securing privacy and confidentiality, and embracing cultural sensitivity. They also reinforce consistency, credibility, professionalism, and healthy communication.
Place your legal contracts and confidences in the safe hands of Prismatic Translation. Contact us via the form below for a quote.