WHAT IT TAKES TO DO IT RIGHT AN INTEGRATIVE EMT-BASED MODEL FOR LEGAL TRANSLATION COMPETENCE Federica SCARPA Daniele ORLANDO Antwerp, 16 October 2014

Directive 2010/64/EU Article 3 5. Member States shall ensure that […] suspected or accused persons have […] the possibility to complain that the quality of the translation is not sufficient to safeguard the fairness of the proceedings. Quality of Legal Translation What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO Article 5 Quality of the interpretation and translation 1. Member States shall take concrete measures to ensure that the interpretation and translation provided meets the quality required under Article 2(8) and Article 3(9). translator training concrete measures

Modeling legal translation competence writing skills specialisations in a legal field knowledge of reference resources information brokering skills legal terminology legal translation theory think as or collaborate with lawyers sound legal background scope and extent of expertise ? Sofer (2006) Obenaus (1995) Trosborg (1997) Šarčević (1997) e.g. Šarčević (1994); Wills (1996); Cao (2007); Gouadec (2007); Prieto Ramos (2011) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

Modeling legal translation competence language proficiency transfer skills code of conduct continuous professional development knowledge of legal systems good professional practice Aequitas (98/GR/13) specialised language competency transfer skills code of conduct information retrieval knowledge of legal systems good professional practice + Aequalitas (2001/GRP/015) + Building Mutual Trust (JLS/2007/219) competences training What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO + Reflection Forum on Multilingualism and Interpreter Training (2009)

Modeling legal translation competence strategic or methodological competence communicative and textual competence instrumental competence + scope of specialisation comparative legal linguistics documentation professional practice thematic and cultural competence interpersonal and professional management competence Prieto Ramos (2011) An Integrative Process-Oriented Approach What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

Modeling legal translation competence Piecychna (2011) Hermeneutical model of legal translation competence understand a given text and be able to position it within the particular situational context with reference to the source and target legal systems ↓ interpret texts Šarčević (1997) “While it is essential for legal translators to be familiar with the methods of interpretation used by judges […], they themselves should refrain from interpreting the text in the legal sense.” What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

QUALETRA (JUST/2011/JPEN/AG/2975) ↓ EUROPEAN MASTER'S IN TRANSLATION FRAMEWORK (2007) Competence: the combination of aptitudes, knowledge, behaviour and know-how necessary to carry out a given task under given conditions RATIONALE: QUALETRA model of legal translation competence professional aspects + recognition by responsive authority ”the minimum requirement to which other specific competences may be added” What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

e.g. how to understand presuppositions or allusions e.g. how to summarise texts QUALETRA model of legal translation competence e.g. how to search terminology databases and familiarity with a series of databases knowledge about a specialist field of knowledge e.g. how to use a particular translation tool e.g. how to market services, negotiate with a client, manage time and budget, handle invoicing EMT Expert Group 2009 What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

- Mastering legal language, including specific writing conventions at the levels of e.g. grammar, syntax, phraseology, terminology, punctuation, abbreviations - Recognising stylistic inconsistencies between legal documents and within the same document - Being familiar with the main domains and sub-domains of law - Knowing different procedures in the legal systems involved (e.g. levels of jurisdiction, legal structures, institutions, settings) - Having a general awareness of current legal issues and their development in the relevant countries - Knowing the EU directives relating to legal translation - Mastering legal concepts and terms in the translation at hand - Being aware of asymmetries between legal concepts in different legal systems and being able to address them - Knowing how to effectively and rapidly integrate all available tools in a legal translation (e.g. European Arrest Warrant, judgments) - Identifying specific legal sources (e.g. dictionaries, term bases, glossaries, corpora, experts) and evaluating their reliability - Being able to differentiate between legal sources with reference to national, international and EU systems and jurisdictions - Extracting relevant information (documentary, terminological, phraseological) from parallel and comparable documents - Extracting terminology from relevant documents - Consulting legal experts so as to better understand and foresee how legal documents may be interpreted by the parties involved or the competent court or both QUALETRA model of legal translation competence INTERPERSONAL dimension - Being aware of the professional role of the legal translator - Being aware of the relevant national and international professional associations for legal translators - Being aware of the need to be briefed and obtain access to relevant documentation - Being aware of personal safety and documentary security issues resulting from provision of translation services - Being aware of the legal obligations and responsibilities resulting from provision of translation services, with special reference to issues of confidentiality - Being aware of the need to comply with professional ethics PRODUCTION dimension - Mastering translation of legal documents - Delivering a translation appropriate to the specific context and by reference to source and target legal systems - Identifying translation problems due to differences between the relevant legal systems and finding appropriate solutions - Identifying and dealing appropriately with errors of factual content in the source text - Mastering sight translation SOCIOLINGUISTIC dimension - Knowing how to recognise function and meaning in varieties of legal language usage (e.g. levels of jurisdiction; international, EU and national law and proceedings) - Mastering the rules for interaction between the specific parties involved, such as legal professionals and clients TEXTUAL dimension - Mastering the genre conventions and rhetorical standards of different types of legal document (e.g. doctrine, normative texts, forms, certificates, contracts, wills, insurance policies, patents, trust documents, affidavits, directives, power of attorney) - Relating a given legal text to its specific legal context (e.g. stage of proceedings in source and target legal systems, level of jurisdiction) - Analysing the overall structure of legal documents (e.g. EAW template, judgments) and recognising potential inconsistencies - Identifying the essential information in and purpose of legal documents - Identifying and transferring intentional and unintentional ambiguities in legal documents - Preserving the intertextual nature of a legal document (e.g. references to acts, laws, directives) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO

GROUP 1GROUP 2GROUP 3 Higher education institution (BA Level) 93 Higher education institution (MA Level) Training institute 31 Professional association 1 Language Service Provider 2 Private or public company 1 Other 12 Type of trainees QUALETRA: WS3 Survey (2014) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO 59 respondents in 19 nations (EU+ Morocco/Russia/Serbia/Turkey)

Type of respondents OPTIMALE Survey (2013) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO 684 respondents (EU / non-EU countries)

Type of respondents UK-wide Survey (Chodkiewicz 2012) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO 55 respondents: 33 professional translators + 22 students enrolled in various MA translation programmes (mostly at University of Surrey)

INTERPERSONAL dimension - Being aware of the social role of the translator - Knowing how to follow market requirements and job profiles (knowing how to remain aware of developments in demand) - Knowing how to organise approaches to clients/potential clients (marketing) - Knowing how to negotiate with the client (to define deadlines, tariffs/invoicing, working conditions, access to information, contract, rights, responsibilities, translation specifications, tender specifications, etc.) - Knowing how to clarify the requirements, objectives and purposes of the client, recipients of the translation and other stakeholders - Knowing how to plan and manage one's time, stress, work, budget and ongoing training (upgrading various competences) - Knowing how to specify and calculate the services offered and their added value - Knowing how to comply with instructions, deadlines, commitments, interpersonal competences, team organisation - Knowing the standards applicable to the provision of a translation service - Knowing how to comply with professional ethics - Knowing how to work under pressure and with other experts, with a project head (capabilities for making contacts, for cooperation and collaboration), including in a multilingual situation - Knowing how to work in a team, including a virtual team - Knowing how to self-evaluate (questioning one's habits; being open to innovations; being concerned with quality; being ready to adapt to new situations/conditions) and take responsibility. PRODUCTION dimension - Knowing how to create and offer a translation appropriate to the client's request, i.e. to the aim/skopos and to the translation situation - Knowing how to define stages and strategies for the translation of a document - Knowing how to define and evaluate translation problems and find appropriate solutions - Knowing how to justify one's translation choices and decisions - Mastering the appropriate metalanguage (to talk about one's work, strategies and decisions) - Knowing how to proofread and revise a translation (mastering techniques and strategies for proofreading and revision) - Knowing how to establish and monitor quality standards INTERPERSONAL dimension - Being aware of the professional role of the legal translator - Being aware of the relevant national and international professional associations for legal translators - Being aware of the need to be briefed and obtain access to relevant documentation - Being aware of personal safety and documentary security issues resulting from provision of translation services - Being aware of the legal obligations and responsibilities resulting from provision of translation services, with special reference to issues of confidentiality - Being aware of the need to comply with professional ethics PRODUCTION dimension - Mastering translation of legal documents - Delivering a translation appropriate to the specific context and by reference to source and target legal systems - Identifying translation problems due to differences between the relevant legal systems and finding appropriate solutions - Identifying and dealing appropriately with errors of factual content in the source text - Mastering sight translation QUALETRA model of legal translation competence TRANSLATION SERVICE PROVISION COMPETENCE

TRANSLATION SERVICE PROVISION COMPETENCE OPTIMALE Survey (2013) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO Does not feature “it was assumed that any employer seeking to employ a translator or his/her services, would require the translator to possess the primary skills of his/her profession” (OPTIMALE 2011: 2) “Essential”/“Important” Ability to produce 100% quality98% Ability to translate quickly though quality not 100% 32% Ability to identify client requirements94% Awareness of professional ethics and standards 86% Experience in the field of professional translation 88% Good knowledge of the language industry and professions 55%

TRANSLATION SERVICE PROVISION COMPETENCE UK-wide Survey (Chodkiewicz 2012) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO Rated relatively low both by professional translators and students. Exception of some of its components that were deemed to be highly important: Delivering a translation appropriate to the client’s request; Planning and managing your time, stress, work, budget and ongoing training, and meeting deadlines; Evaluating the quality of your work and accepting responsibility.

TRANSLATION SERVICE PROVISION COMPETENCE QUALETRA: WS3 Survey (2014) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO Professional practices and ethics feature at all levels of the programmes for linguists but are given a quite low rating by language trainers of legal practitioners. Translation-oriented sub-competences were deemed “Important” by linguists but not by legal practitioners focus on effective communication in foreign languages (rather than translation per se). Ability to translate into foreign legal language “Not important”/“Important” Ability to translate from foreign legal language “Important” /“Essential”

- Knowing how to understand grammatical, lexical and idiomatic structures as well as the graphic and typographic conventions of language A and one's other working languages (B, C) - Knowing how to use these same structures and conventions in A and B - Developing sensitivity to changes in language and developments in languages (useful for exercising creativity) - Mastering legal language, including specific writing conventions at the levels of e.g. grammar, syntax, phraseology, terminology, punctuation, abbreviations. - Recognising stylistic inconsistencies between legal documents and within the same document. QUALETRA model of legal translation competence LANGUAGE COMPETENCE

LANGUAGE COMPETENCE All 3 surveys What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO SurveyRating Chodkiewicz (2012) Esp. “knowing grammatical and lexical structures, and graphic conventions in your working languages and being able to reproduce them in another language” Highest QUALETRA (2014) Trainers of LPs: foreign-language competence more important than mother-tongue competence Essential OPTIMALE (2013) “high-level language competence requirements […] were to be taken as a given which did not need to be reasserted within the scope of this survey (whether such skills are always available is another matter).” Does not feature

SOCIOLINGUISTIC dimension - Knowing how to recognise function and meaning in language variations (social, geographical, historical, stylistic) - Knowing how to identify the rules for interaction relating to a specific community, including non-verbal elements (useful knowledge for negotiation) - Knowing how to produce a register appropriate to a given situation, for a particular document (written) or speech (oral) TEXTUAL dimension - Knowing how to understand and analyse the macrostructure of a document and its overall coherence (including where it consists of visual and sound elements) - Knowing how to grasp the presuppositions, the implicit allusions, stereotypes and intertextual nature of a document - Knowing how to describe and evaluate one's problems with comprehension and define strategies for resolving those problems - Knowing how to extract and summarise the essential information in a document (ability to summarise) - Knowing how to recognise and identify elements, values and references proper to the cultures represented - Knowing how to bring together and compare cultural elements and methods of composition. - Knowing how to compose a document in accordance with the conventions of the genre and rhetorical standards - Knowing how to draft, rephrase, restructure, condense, and post-edit rapidly and well (in languages A and B). SOCIOLINGUISTIC dimension - Knowing how to recognise function and meaning in varieties of legal language usage (e.g. levels of jurisdiction; international, EU and national law and proceedings) - Mastering the rules for interaction between the specific parties involved, such as legal professionals and clients. TEXTUAL dimension - Mastering the genre conventions and rhetorical standards of different types of legal document (e.g. doctrine, normative texts, forms, certificates, contracts, wills, insurance policies, patents, trust documents, affidavits, directives, power of attorney). - Relating a given legal text to its specific legal context (e.g. stage of proceedings in source and target legal systems, level of jurisdiction). - Analysing the overall structure of legal documents (e.g. EAW template, judgments) and recognising potential inconsistencies. - Identifying the essential information in and purpose of legal documents. - Identifying and transferring intentional and unintentional ambiguities in legal documents. - Preserving the intertextual nature of a legal document (e.g. references to acts, laws, directives). QUALETRA model of legal translation competence INTERCULTURAL COMPETENCE

INTERCULTURAL COMPETENCE All 3 surveys What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO SurveyRating Chodkiewicz (2012 ) 2nd highest OPTIMALE (2013)Does not feature QUALETRA: WS3 (2014) “Ability to identify the level of formality of the text and translate different registers” “Essential” (by trainers of linguists)

- Knowing how to identify one's information and documentation requirements - Developing strategies for documentary and terminological research (including approaching experts) - Knowing how to extract and process relevant information for a given task (documentary, terminological, phraseological information) - Developing criteria for evaluation vis-à-vis documents accessible on the internet or any other medium, i.e. knowing how to evaluate the reliability of documentary sources (critical mind) - Knowing how to use tools and search engines effectively (e.g. terminology software, electronic corpora, electronic dictionaries) - Mastering the archiving of one's own documents - Identifying specific legal sources (e.g. dictionaries, term bases, glossaries, corpora, experts) and evaluating their reliability. - Being able to differentiate between legal sources with reference to national, international and EU systems and jurisdictions. - Extracting relevant information (documentary, terminological, phraseological) from parallel and comparable documents. - Extracting terminology from relevant documents. - Consulting legal experts so as to better understand and foresee how legal documents may be interpreted by the parties involved or the competent court or both. QUALETRA model of legal translation competence INFORMATION MINING COMPETENCE

INFORMATION MINING COMPETENCE All 3 surveys What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO SurveyRating Chodkiewicz (2012 )3rd highest OPTIMALE (2013) “Ability to extract and manage terminology” “one of the basic skills required of applicants for positions in translation” (69% “Essential” or “Important”) QUALETRA: WS3 (2014) “Ability to use information retrieval and text data mining resources” “Ability to use terminology memory systems (and translation memories)” “Essential” (by trainers of linguists) “Important” (lower end)

- Knowing how to search for appropriate information to gain a better grasp of the thematic aspects of a document (cf. Information mining competence) - Learning to develop one's knowledge in specialist fields and applications (mastering systems of concepts, methods of reasoning, presentation, controlled language, terminology, etc.) (learning to learn) - Developing a spirit of curiosity, analysis and summary - Being familiar with the main domains and sub-domains of law. - Knowing different procedures in the legal systems involved (e.g. levels of jurisdiction, legal structures, institutions, settings). - Having a general awareness of current legal issues and their development in the relevant countries. - Knowing the EU directives relating to legal translation. - Mastering legal concepts and terms in the translation at hand. - Being aware of asymmetries between legal concepts in different legal systems and being able to address them. QUALETRA model of legal translation competence THEMATIC COMPETENCE

THEMATIC COMPETENCE All 3 surveys What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO SurveyRating Chodkiewicz (2012 )4th highest OPTIMALE (2013) “domain specialization” “priority status” (“Essential” or “Important” for almost 90%) Esp. “technical and legal translation” QUALETRA: WS3 (2014) “legal knowledge in relevant language(s)” “Important” (by trainers of linguists) “Essential” (by trainers of legal practitioners)

THEMATIC COMPETENCE QUALETRA: WS3 Survey (2014) What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO Specific legal domains/sub- domains Rating (trainers of linguists and lawyers) National legal system of the country of the programme 1st Legal system of the country of the studied foreign language 2nd

- Knowing how to use effectively and rapidly and to integrate a range of software to assist in correction, translation, terminology, layout, documentary research (for example text processing, spell and grammar check, the internet, translation memory, terminology database, voice recognition software) - Knowing how to create and manage a database and files - Knowing how to adapt to and familiarise oneself with new tools, particularly for the translation of multimedia and audiovisual material - Knowing how to prepare and produce a translation in different formats and for different technical media - Knowing the possibilities and limits of MT - Knowing how to effectively and rapidly integrate all available tools in a legal translation (e.g. European Arrest Warrant, judgments). QUALETRA model of legal translation competence TECHNOLOGICAL COMPETENCE (mastery of tools)

TECHNOLOGICAL COMPETENCE All 3 surveys What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO SurveyRating OPTIMALE (2013): “Standard tools and IT-related skills” “Use of speech recognition applications” “Ability to pre-edit MT” “Ability to post-edit MT” “Essential”/”Important” 75% 10% 18% 28% Chodkiewicz (2012 )Least important QUALETRA: WS3 (2014) “Ability to use translation memories (and terminology memory systems)” “Important” (lower end)

What it takes to do it right: an integrative EMT-based model for legal translation competence Federica SCARPA and Daniele ORLANDO THANK YOU!