Legal Translation

BAYU DEWA MURTI, M. HUM.

All about legal document
translation
 Translation of Legal documents is a complex task 
demanding a high degree of responsibility. 
 Hiring a freelance translator in this regard will  come
as a risky move as a legal translated  document has to
pass through rigorous quality 
checks, proofing and above all it should stand  valid in
a court of law which cant be delivered  by a
freelancer. 
Condition to consider

 Since every country formulates its laws based on its

culture and other native factors,  translation of legal
documents warrants in-depth  expertise of both the
languages and availing the  services of a general
translator may hamper your  personal as well as your
entity's reputation. 
 It is therefore imperative to pick a service 
provider which leverages local translators with 
a comprehensive understanding of law and are 
highly proficient and experienced. 
Condition to consider

 While you may be of the opinion that legal  documents

are utilised only in courts and the  segment still ranks
in a niche category. The world however is fast
becoming a global village  with large enterprises
marking their presence  across different nations. 
 Professionals are also migrating to other  countries
and raising families in different  cultures which in turn
is fuelling legal problems  in business as well as in
personal domains. In such a scenario, the significance
of legal document translation can't be ruled out. 
Condition to consider

 Not just a regular translation service It is also important to

mention that a translated version of your legal document
stands valid in a foreign land only if it is certified by a
sworn translator, an authorised professional possessing the
right to utilise a translated document. 
 Translation of a legal document is completely different from a
certified translation as the latter may not be legally valid in a
foreign nation.
 A top notch legal document translator furnishes documents
which incorporates the impressions of the sworn translator as
well as the seal of the local court, making it accountable in a
court of law. 
Condition to consider

 Confidentiality is of paramount importance As many legal

documents come as a confidential property, it is also
important to ensure that the information shared for translation
meets high 
standards of privacy regulations and the conversations with
clients remain confidential.
 Since even a flimsy error when it comes to translating legal
documents can have a severe impact on court's decision, you
should always bet your money on a translator which holds a
high reputation and experience in the legal translation
industry. 
Condition to consider

 Legal translation projects are also enveloped with stringent

deadlines since they are demanded in court and any delay in this
regard may render them obsolete. 
 The translation agency should also have a firm understanding of
where exactly the translated legal document will be utilised and
should decide on its execution approach accordingly. 
 Some common examples of documents which demand a legal
translation include application letters, birth certificates, financial
statements, litigation documents, business agreements, patents,
service level agreements etc. 
What You Should Know
About Legal Translation
 Every Legal Translator Must Have Skills
 CorrelationBetween International Business,
International Law and Legal Translation
Services
 Differences in Legal Systems and How They
Affect a Translation
 Materials Necessary for Legal Translation
International Law and
Municipal Law
 International Law governs laws between
nations.
 Municipallaw governs the laws of individual
nations and states.
 Legal translators must be aware of both
international and municipal laws that affect
the translation text and subject matter.
Two Skills Every Translator Must
Have:
1. A fluent understanding & cultural comprehension of
original & target languages
2. A firm grasp of the law of both countries involved in
the legal translation
 The level of these two skills will determine the quality
of a legal translation.
 Translators must uphold the integrity of legal
information, but also retain nuances of the language
and writing style of the author in translation to the
target language.
How it Relates to International
Business Translations
Most international business translations will
work through this division:
 International contracts
 Overseas shipping regulations
 International real estate
 Lawsuits
 Foreign payments and financial transactions
Characteristics of legal English:
Specialized discourse
 Ever greater interest by linguists in
distinguishing the characteristics of the
various genres which make up a language.
 Specialized discourse is concerned
predominantly with the language used in
professional and institutional settings, e.g. In
business, hospitals, schools, universities, the
courts etc.
Different types of legal discourse

 The legal discourse community is made up of

lawyers, judges, and all those involved in
drafting laws. The ‘insiders’.
 There are different types of legal discourse: e.g.
the language used between lawyer and client or
between two lawyers; the language of the courts
(much of which is oral); the language of law
reports and academic texts on legal matters; the
language of legal documents.
What makes LT different with any
translations?
 Every country has its own legal terminilogies as well as
legal system.
 The source text is structured to follow the legal system
that conforms to its own legal terminologies and culture.
 The legal method of the source text is prepared in a way
that suits that ethnicity and this is replicated in the legal
language; in the same way, the target text is to be read
by someone who is familiar with another legal system
and its language. 
Rules for Legal TRanslators

 Translation must be taken from original copies

 It should be translated completely and
accurately.
 It should approximately follow the format and
layout of the source text.
 The translator cannot change any name of
people, titles and marks of nobility, not even
the spelling of that name. It should be taken
from original document. 
Basic Types of Legal
Documents
• Instrument
– This is a formal legal document that grants (or
proves the grant) of a right. Examples: Deeds, Wills,
Mortgages, etc.
• Pleading
– This is a formal statement by a party in the context
of litigation.
Examples: Complaints, answers
• Document
– This applies to any other communication set to a
permanent medium that is relevant to a legal issue.
Examples: Police reports, photographs, letters, etc.
Types of Legal Instruments
• Contract
– Any written agreement can fall under this heading
• Deed
– This transfers any interest in real estate Including easements,
mortgages, etc.
• Business Documents
-- Article of incorporation, bylaws, partnership agreements
• Will/ Codicil
– These are special legal documents that allow gifts to be given
after one’s death
• Trust
– Establishes an agreement whereby the trustee agrees to hold
property for the beneficiary
Obtaining Background
Information
• Preparation and execution of any legal task requires, at its
threshold, certain information from the clients. This can be obtained
at an interview and/or through a questionnaire. This information
includes:
– Family information
– Financial information and which other advisors the client is
working with
– Employment information
– Health information
– Important documents relevant to the client
– (If a civil action) All information and documentation relevant to the
case
General Form of Legal
Writings
• For the most part, you can choose your own type of
paper, ink, etc. However, for certain instruments and in
papers submitted to a court, there are often rules
regarding these things, which must be followed.
• Court that have such rules often publish them in a
circular that can be obtained from the court.
• Always ask the clerk when in doubt!
Some physical aspects to
Legal Documents
• Paper
– Use letter size in general; legal size is sometimes used as well and may be
required for certain types of instruments such as deeds
• Typeface
– Use a conservative, traditional font
• Margins
– Make sure to use margins big enough to make reading comfortable; such
as 11.5 inch margins
• Spacing
– Pleadings and some instruments should be double spaced
– Most other documents can be 1.5 spaced
– Letters are often single spaced
Special Components of Legal
Documents
• In addition to the body of the document, legal documents often
must contain:
– Caption (for anything submitted to the court)
– Heading (for most legal documents, including letters, etc.)
– Place for signatures, especially for instruments
– Acknowledgment/ space for the document to be notarized, where
appropriate
– Filings with the court often must also have space for the attorney
to sign as well
Special Mechanical Rules for
Legal Documents
• The following are often put in ALL CAPS:
– Names of people or businesses, organizations, etc.
– Title of the instrument
– Header words of important paragraphs (e.g., “WHEREAS”)
• Grammar and spelling
– Correct grammar and spelling are important not only to avoid changing the
meaning of the document, but also to present an aura of professionalism.
• Numbers are often written in both English and Arabic numbers; e.g.,
– Ten thousand Dollars ($10,000)
• Page numbering
– The first page is not numbered; all subsequent pages are numbered at the
bottom center.
PrePrinted Forms
• Sometimes, courts or other agencies will have specific
forms that they will require for certain tasks. To use such
forms:
1. Some may be available in Word (or similar) format.
There can be filled in easily on your computer.
- Sometimes, courts require affidavits that you did not
change anything substantive about the form so that
the clerk does not have to read through the entire form.
2. If you cannot secure these forms in Word (or similar)
format, the best thing is to fill it in with a typewriter,
though very neat print writing is usually also accepted.
What is a Patent?

A legal protection which gives an inventor the

right to exclude others from performing certain
activity in the country of issuance

 Sanctioned monopoly for a set number of

years in exchange for disclosure to the public

 Doesnot give the inventor the right to make,

use or sell the patented invention
Why Patent an Invention?

 Source of recognition for the inventor(s)

 Incentive to develop a commercial product

 License to an existing company
 Start up a new company

 Protection against imitators

What Can Be Patented?
Must be:
 Novel: not previously known or used by others
 Useful: have a known use or produce a concrete and
tangible result
 Non-obvious:
1. Is it obvious to PHOSITA (Person Having Ordinary Skill In The
Art)
2. Can not be found in a single or reasonable combination of
patents that would yield a predictable result
 Can not be:
1. Idea
2. Law of Nature
Publication Vs. Patent
Scholarly Publication
 Authorship somewhat negotiable
 Must have done the work
 Effort paramount
 Future ideas can interfere with
subsequent patentability
 Only directly comparable results
can lead to loss in priority
Patent
 Inventorship a matter of law
 “Constructive reduction to practice”
encouraged
 Conception paramount
 Disclosure of ideas for as many future uses
as possible strengthens the patent
 Results from analogous systems can result
in prior art and obviousness rejections
What are the Parts of a Patent?
 Abstract
 Background of the Invention
 Summary of the Invention
 Figures with brief descriptions
 Detailed description or “specification”
1. Fully discloses what the invention is
2. How it is made?
3. How it can be used?
 Claim(s): sets the legal boundaries of protection
1. Independent
2. Dependent
3 Different Types of Patents
Utility Patent Plant Patent Design Patent
Most common type  Distinct & new variety  Ornamental
granted of asexually propagated appearance of an
plant article of manufacture
Works to produce a
 Not by tuber  Design and the applied
useful result
propagation, found in object are inseparable
 Process (ex. making a an uncultivated state,  Can also be protected
new chemical or a new or by seeds
by a utility patent if it
business method)
 Can also be protected meets those
 Machine (ex. camera) by a utility patent if it requirements
meets those
 Article of Manufacture  Ex. surface
requirements
(ex. carpet) ornamentation of
 Ex. hybrid rose plant flatware
 Composition of matter
with a novel color
(ex. adhesive)
How Does One Obtain a Patent?
 First assessment for whether or not the invention is
patentable AND marketable
 File provisional application (~$10K)
 International (PCT Application) (~$20-30K) – non-
binding examination and allows an applicant to
postpone the applications for up to 30 months
 US Utility Application (~$20-30K) – binding examination
 Examination rounds and appeals require more time and
money
 Total average cost of a US patent: $50K
 Total average time to obtain a US patent: 3-6 years
Approach to Obtaining a Patent &
Commercialization FILE PROVISIONAL
EVALUATE APPLICATION (~$10k)

~3 MONTHS
DISCLOSURE INITIAL PUBLICATION
 Disclosure: Ideally when you can describe both what the invention is and what it
accomplishes
 Evaluation:
 Can this invention be patented?
 Is there any prior art? Is this invention new, useful, & non-obvious?
 Is it worthwhile to patent this invention?
 What product could come from this patent? Is there a market for said product?
 Provisional application: Preserves worldwide rights against initial disclosure; gives you 1
year to decide whether or not to pursue patent
 Initial publication: If you publish prior to filing a provisional application you lose the rights
to file internationally
 Approach to Obtaining a Patent
& Commercialization
FILE PCT PCT
(~$25K) PUBLICATION

12 MONTHS 6 MONTHS

8 MONTHS

RE-EVALUATION
 Patent Cooperation Treaty (PCT): an international application which claims priority to
a provisional US application & have option for protection for up to 111 countries.
 Non-confidential disclosure (NCD) is generated and summarizes the technology as
well as the unmet need/opportunity.
 During this phase more marketing & search for licensee should be completed. If
there is no market or the market is too narrow, then the application may not be pursued
past this point.
 After the re-evaluation there may be additional publications with interesting animal
data, prototyping, or further commercialization
 Approach to Obtaining a Patent &
Commercialization
ENTER NATIONAL PHASE
& PROSECUTION(~$20K)

12 MONTHS

RE-EVALUATE RE-EVALUATE

 Continuation of marketing/finding a licensee as well as additional

publications
 National stage applications with expensive examination rounds
 Rarely get this far in the patent process without a licensee
 Overview of Pathway to Commercialization

FILE PROVISIONAL
ENTER NATIONAL PHASE
APPLICATION (~$10k) FILE PCT PCT
& PROSECUTION (~$20k)
(~$25K) PUBLICATION

EVALUATION 12 MONTHS 6 MONTHS 12 MONTHS

RARELY GET
THIS FAR
W/O LICENSEE
3 MONTHS 8 MONTHS
ADDITIONAL PUBLICATIONS
W/
INTERESTING ANIMAL
DATA,
DISCLOSURE INITIAL RE-EVALUATION RE-EVALUATION RE-EVALUATION
PUBLICATION PROTOTYPING, FURTHER
COMMERCIALIZATION
 Intellectual Property Type aspect

Copyright Trademark Patent

Artistic, literary A company or An invention
or dramatic brand’s “mark” which must be a
expressions such (e.g. its name, manufactured
as songs, music, logo, motto etc.) product, an
motion pictures, which apparatus,
poetry, fiction distinguishes it as chemical
and non-fiction the source of any composition or a
writings, etc. services or manufacturing
goods. process.
 Protection Requirements Aspect

Copyright Trademark Patent

A materialized form A unique brand An invention which is
of artistic expression name, logo, symbol, innovative,
which exists as a design or motto previously
tangible entity. Ideas which is distinctive to undiscovered and
cannot be its representative has practical
copyrighted. source. applications in any
industry.
 Duration of Rights Aspect

Copyright Trademark Patent

Copyright laws Trademark laws Patents are
apply to the last forever limited duration
intellectual provided that the intellectual
property for the mark in question property rights
duration of the is actively in use which last a
artist’s life plus by the source in maximum of 20
70 years. commerce. years.
 Rights Provided to Owner aspect

Copyright Trademark Patent

Right to reproduce or Right to use and Right to use the
copy the works, prevent use by other invention and
distribute or parties in a manner prevent others from
broadcast the works that is similar and using, recreating,
to the public, and creates confusion importing or selling
lend or rent the about the source. the patented
work. invention.